Sec. 216.5. Gaseous emissions

(a)

(1) Owners and/or operators of facilities located in the lower Orange County or New York City metropolitan areas with an annual potential to emit of 25 tons or more of nitrogen oxides or 25 tons or more of volatile organic compounds must comply with the requirements of this section.

(2) Owners and/or operators of facilities located outside of the lower Orange County and New York City metropolitan areas with an annual potential to emit of 100 tons or more of nitrogen oxides or 50 tons or more of volatile organic compounds must comply with the requirements of this section.

(b) Owners and/or operators of emission points subject to this Part which emit nitrogen oxides or volatile organic compounds located at facilities described in subdivision (a) of this section must submit a compliance plan to the department by October 20, 1994. The compliance plan must either include the reasonably available control technology (RACT) analysis required by subdivision (c) of this section or a plan to limit the annual potential to emit below the applicability levels pursuant to subdivision (d) of this section.

(c)

(1) The plan must identify reasonably available control technology for each emission point. The compliance plan must identify the emission points which do not employ reasonably available control technology (RACT), and must include a schedule for implementation of RACT. Reasonably available control technology as approved by the department must be implemented on each emission point subject to this section by May 31, 1995.

(2) Compliance plans which include construction of emission control equipment must include a milestone date not later than December 20, 1994 for submission to the department of permit to construct applications. These compliance plans must include milestone dates for commencement of construction, completion of construction, and completion of emissions testing of emission control equipment.

(3) Reasonably available control technology compliance plans for nitrogen oxide emission points must include technically feasible control strategies to minimize nitrogen oxide formation and emission control equipment alternatives.

(4) These process specific RACT demonstrations which are acceptable to the department will be submitted to the United States Environmental Protection Agency for approval as a revision to the State Implementation Plan by the department.

(d) The owner or operator of any facility with federally and state enforceable conditions in certificates to operate which limit the annual potential to emit nitrogen oxides and volatile organic compounds below the applicability levels of subdivision (a) of this section by May 31, 1995 is exempt from the RACT analysis and implementation requirements of this section. Records must be maintained by the owner or operator on a monthly basis at the facility which verify the facility's annual actual emissions. Upon reasonable request, these records must be submitted to the department in a format acceptable to the department. An exceedance of the annual potential to emit conditions for any calendar year must be reported by the owner or operator to the department within 30-days after the calendar year ends.

(e) Any facility that is subject to this section after May 31, 1995 will remain subject to these provisions even if the annual potential to emit nitrogen oxides or volatile organic compounds later fall below the applicability threshold.