New York Codes Rules Regulations (Last Updated: March 27,2024) |
TITLE 6. Department of Environmental Conservation |
Chapter III. Air Resources |
Subchapter A. Prevention and Control of Air Contamination and Air Pollution |
Part 231. New Source Review for New and Modified Facilities |
Subpart 231-3. General Provisions |
Sec. 231-3.9. Circumvention
Latest version.
- (a) An owner or operator of a facility may not circumvent this Part by causing or allowing a pattern of ownership or development, including the phasing, staging, delaying, or engaging in incremental construction at a facility which, except for the pattern of ownership or development, would otherwise require a permit.(b) The sale or other transfer of a facility to a new owner or operator does not relieve the new owner or operator from the requirement to obtain a permit and operate the facility in conformance with the requirements of this Part.