Home » 2012 Issues » August 01, 2012 » ENV-31-12-00010-P Permitting and Registration Requirements for Stationary Emission Sources
ENV-31-12-00010-P Permitting and Registration Requirements for Stationary Emission Sources
8/1/12 N.Y. St. Reg. ENV-31-12-00010-P
NEW YORK STATE REGISTER
VOLUME XXXIV, ISSUE 31
August 01, 2012
RULE MAKING ACTIVITIES
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
PROPOSED RULE MAKING
HEARING(S) SCHEDULED
I.D No. ENV-31-12-00010-P
Permitting and Registration Requirements for Stationary Emission Sources
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of Parts 200 and 201 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 19-0306, 19-0311, 70-0109, 71-2103 and 71-2105; 40 CFR part 70; United States Code, section 7661(b); Federal Clean Air Act, sections 160-169 and 171-193 (42 USC sections 7470-7479; 7501-7515)
Subject:
Permitting and registration requirements for stationary emission sources.
Purpose:
To comply with the 1990 Clean Air Act Amendments by establishing a comprehensive statewide air permit program.
Public hearing(s) will be held at:
2:00 p.m., Sept. 17, 2012 at New York State Department of Environmental Conservation, Region 8 Office Conference Rm. 6274, E. Avon-Lima Rd. (Rtes. 5 and 20), Avon, NY; 2:00 p.m., Sept. 19, 2012 at New York State Department of Environmental Conservation, 625 Broadway, Public Assembly Rm. 129B, Albany, NY; 2:00 p.m., Sept. 20, 2012 at New York State Department of Environmental Conservation, Region 2 Office, One Hunters Point Plaza, 47-40 21st St., Rm. 834, Long Island City, NY.
Interpreter Service:
Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.
Accessibility:
All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.
Text of proposed rule:
The New York State Department of Environmental Conservation (Department) is proposing to revise its Operating Permit Program found in Title 6 of Official Compilation of Codes, Rules and Regulation of the State of New York (6 NYCRR) Parts 200, General Provisions; and 201, Permits and Registrations (Part 201).
The Part 200 amendment replaces an outdated reference to the 1994 version of the National Toxicology Program's 'Report on Carcinogens' with the 2011 version of the report. In addition, several existing incorporations by reference will be added.
Section 201-1.4 is revised and reworded to more clearly state its requirements. A new Section 201-1.11 is added in order to establish regulatory requirements for temporary emission sources. General language allowing the Department to suspend, modify, revoke, reopen, or reissue air permits, consistent with 6 NYCRR Part 621, is relocated from other Subparts of Part 201 to a new Section 201-1.12. A new Section 201-1.13 is added to include a provision granting Department staff access to inspect any facility subject to the requirements of Part 201. A new section 201-1.14 is added to require owners and operators of facilities holding outdated certificates to operate to apply for a state facility permit or registration within 90 days of notification by the Department. Finally, a new Section 201-1.15 is added to require facility owners and operators to commence construction of permitted emission sources within 18 months of receiving a permit or registration from the Department.
The definition of major stationary source in Paragraph 201-2.1(b)(21) is revised to remove references to the "severe ozone nonattainment area" and include the specific affected areas. Paragraph 201-2.1(b)(24) is repealed. A new Paragraph 201-2.1(b)(24) is added to define a "portable emission source" as an emission source that can be carried or moved from one location (i.e. any single site at a building, structure, facility, or installation) to another. Paragraph 201-2.1(b)(29) is repealed. A new Paragraph 201-2.1(b)(29) is added to define a "temporary emission source" as an emission source that is transient in nature and will be operated at a facility for less than 90 consecutive days from the date of first operation, or an emission source that will be constructed and operated for less than 30 days per calendar year.
Subpart 201-3, Exemptions and Trivial Activities, is renamed as "Permit Exempt and Trivial Activities". Subdivisions 201-3.1(b) through 201-3.1(e) are repealed and replaced with new language to clarify their requirements. Paragraph 201-3.2(c)(1) is revised to clarify the specific types of combustion equipment that are exempt from permitting requirements. Paragraph 201-3.2(c)(2) is repealed and replaced with an exemption for certain space heaters using waste oil as a fuel. Paragraph 201-3.2(c)(3) is revised to remove references to the "severe ozone nonattainment area" and to allow for stationary or portable internal combustion engines using fuels other than diesel or natural gas to qualify for exemption. Paragraph 201-3.2(c)(4) is repealed and the paragraph number reserved to preserve the numerical order of the Section. Paragraph 201-3.2(c)(6) is revised to exclude stationary internal combustion engines used for demand response and/or peak shaving from the exemption. Paragraph 201-3.2(c)(13) is revised to remove references to the "severe ozone nonattainment area". Paragraph 201-3.2(c)(16) is revised to exempt all gasoline dispensing sites that are registered with the Department pursuant to 6 NYCRR Part 612 from air pollution control permitting. Paragraph 201-3.2(c)(17) is revised to clarify which surface coating activities are intended to be exempt and to remove references to the "severe ozone nonattainment area". Paragraph 201-3.2(c)(20) is revised to clarify that only landfill gas ventilating systems at landfills with design capacities less than 2.5 million megagrams and 2.5 million cubic meters are exempt. Paragraph 201-3.2(c)(21) is revised to include liquid asphalt storage tanks. Paragraph 201-3.2(c)(27) is revised to exclude raw material, clinker, and finished product silos at Portland cement plants. Paragraphs 201-3.2(c)(28) and 201-3.2(c)(29) are revised to clarify which sand and gravel and stone crushing plants qualify for exemption. Paragraph 201-3.2(c)(30) is repealed and the paragraph number reserved to preserve the numerical order of the Section. New exempt activities are added as Paragraphs 201-3.2(c)(46) through 201-3.2(c)(48). The new activities cover operations including: hydrogen fuel cells, certain dry cleaning equipment, and manure handling and spreading equipment at farms, respectively.
Paragraph 201-3.3(c)(29) is revised to clarify when an air stripper or soil vent qualifies as a trivial activity. New language is added to Paragraph 201-3.3(c)(33) to exclude bypass stacks and vents on incinerators and bypass stacks and vents that operate on a routine or frequent basis from the trivial activity. New language is added to Paragraph 201-3.3(c)(41) to include several additional types of solid waste handling equipment. Paragraph 201-3.3(c)(50) is deleted and its number reserved to preserve the order of the Section. New language is added to Paragraph 201-3.3(c)(53) that includes hand held spray guns with capacity less than three ounces in the trivial activity. Paragraph 201-3.3(c)(81) is revised to clarify the office equipment and products that are considered trivial for permitting purposes. Paragraph 201-3.3(c)(94) is revised to remove carbon dioxide, methane and propane from the list of trivial emissions. In addition, the reference to the seventh edition of the United States Department of Health and Human Services' Annual Report on Carcinogens is updated to the twelfth version of that document. A new Paragraph is added at 201-3.3(c)(95) to include emissions of carbon dioxide and methane that are not specifically regulated by a federal or state law or regulation as a trivial activity. Lastly, a new Paragraph 210-3.3(c)(96) is added that describes solvent cleaning of parts and equipment exclusively by hand wiping as trivial for the purposes of Part 201.
Section 201-4.1 is revised to clarify the applicability of Subpart 201-4. Paragraphs 201-4.1(a)(1) through 201-4.1(a)(4) are repealed. Paragraph 201-4.1(a)(5) is renumbered as Paragraph 201-4.1(a)(1) and revised to correct the reference to the cap-by-rule provisions which will be relocated as part of this rulemaking. A new Paragraph is added as 201-4.1(a)(2) that requires facilities, except for stationary or portable combustion installations, with annual actual emissions of any persistent, bioaccumulative, or toxic (PBT) compound less than the threshold listed in Table 1 of Subpart 201-9 to register with the Department. Subdivision 201-4.1(b) is repealed and replaced with new language allowing the Department to require a facility owner or operator that would otherwise qualify for registration to apply for a state facility permit within six months of notification by the Department. Section 201-4.2 is renamed as "General Requirements". Subdivisions 201-4.2(e) and 201-4.2(f) are repealed. A new Subdivision 201-4.2(e) is added limiting the term of new and modified registrations to ten years from the date of issuance. A new Subdivision 201-4.2(f) is added granting the Department the authority to withdraw or revoke a registration in situations where the registered activity poses the potential for a significant adverse impact to the public health, safety, welfare, or the environment. A new Subdivision 201-4.2(g) is added to require owners and operators of facilities with a registration issued prior to the effective date of the proposed revisions to submit a renewal application within ninety days of notification by the Department. Section 201-4.3 is repealed and subsequent sections are renumbered accordingly. Section 201-4.4 is renumbered as Section 201-4.3 and renamed to "Application Content". Renumbered Subdivision 201-4.3(a) and its subsequent paragraphs are revised to reflect the current information the Department expects on all registration applications. A new Subdivision 201-4.3(b) is also added to provide the acceptable time frame for the submission of registration renewal applications. Section 201-4.5 is renumbered as Section 201-4.4. A new Subdivision 201-4.4(b) is added requiring facility owners and operators to notify the Department of a change in ownership within 30 days. The cap-by-rule provisions previously located in Section 201-7.3 are relocated to a new Section 201-4.5. This Section describes the thresholds, methods, and compliance requirements for facility owners and operators that choose to cap-by-rule in order to avoid major facility permitting.
Section 201-5.1 is revised to clarify when a facility owner or operator is required to apply for a state facility permit. Subdivisions 201-5.1(a) and 201-5.1(b) are revised to clarify the existing applicability criteria. Paragraphs 201-5.1(a)(3) and 201-5.1(a)(4) are repealed and replaced. Paragraph 201-5.1(a)(3) establishes permitting requirements for facilities with annual actual emissions of a PBT compound greater than or equal to the threshold listed in Subpart 201-9. New language is added as Paragraph 201-5.1(a)(4) requiring facilities with emissions in excess of the registration thresholds to apply for a state facility permit. Subdivision 201-5.1(c) is repealed. Section 201-5.2 is revised to more clearly describe what is required as part of a state facility permit application. Paragraph 201-5.2(b)(3) is repealed. Paragraph 201-5.2(b)(4) is renumbered as 201-5.2(b)(3) and revised to more clearly state which emission sources must be included in the facility description provided by the applicant. Paragraph 201-5.2(b)(5) is repealed. New Paragraphs are added as 201-5.2(b)(4) through 201-5.2(b)(7) to describe additional requirements for state facility permit applications. Paragraph 201-5.2(b)(6) is renumbered as 201-5.2(b)(8). New Paragraphs are added as 201-5.2(b)(9) and 201-5.2(b)(10) to list additional state facility permit application requirements. A new Subdivision 201-5.2(c) is added to describe the procedure and timeframes for submitting a state facility permit renewal application. Subdivision 201-5.3(a) is revised to limit the term of issuance for a new or modified state facility permit to 10 years. A new Subdivision 201-5.3(b) is added to require the owner or operator of an existing facility holding a state facility permit to submit a renewal application to the Department within 90 days of notification. Existing Subdivision 201-5.3(b) is renumbered as 201-5.3(c) and reworded to improve its clarity. Subdivisions 201-5.3(c) and 201-5.3(d) are repealed. Section 201-5.4 is repealed, and a new Section 201-5.4 entitled, "Permit modifications" is added to describe the procedures and requirements for requesting a modification of a state facility permit.
Section 201-6.1 is revised to clarify the applicability of Title V permitting to major facilities. Subdivision 201-6.1(b) is repealed, and subsequent Subdivisions are renumbered accordingly. Subparagraph 201-6.1(b)(2)(i) is renumbered as Paragraph 201-6.1(b)(2). Renumbered Subparagraphs 201-6.1(b)(2)(ii) and 201-6.2(b)(2)(iii) are repealed. New language is added as Subparagraph 201-6.1(b)(3)(ii) relieving facilities that EPA has permanently exempted from the requirement to get a Title V permit, and subsequent Subparagraphs are renumbered accordingly. Section 201-6.2 is repealed and subsequent Sections are renumbered accordingly. Renumbered Subdivision 201-6.2(a) is revised to remove references to the outdated transition plan requirements removed with Section 201-6.2. Accordingly, renumbered Paragraph 201-6.2(a)(1) is repealed and subsequent Paragraphs are renumbered accordingly. Renumbered Paragraphs 201-6.2(a)(1) through 201-6.2(a)(4) are revised to clarify the acceptable time frame for the submittal of Title V permit applications. Paragraphs 201-6.2(a)(5) and 201-6.2(a)(6) are repealed, and subsequent paragraphs are renumbered accordingly. Paragraph 201-6.2(a)(9) is repealed. Paragraph 201-6.2(b)(1) is revised to be consistent with the requirements of 6 NYCRR Part 621. Paragraph 201-6.2(b)(4) is repealed. Subdivision 201-6.2(c) is revised to remove references to the repealed transition plan. Subdivision 201-6.2(d) is revised to more clearly state the purpose of the Subdivision. New language is added as Subparagraphs 201-6.2(d)(3)(x) and 201-6.2(d)(3)(xi) to require a detailed process flow diagram and the physical parameters of each emission point with Title V permit applications, respectively. Paragraph 201-6.2(d)(7) is repealed and subsequent Paragraphs are renumbered accordingly. A new Subdivision 201-6.2(f) is added to describe what information is required on a Title V permit renewal application. A new Subdivision 201-6.2(g) is added to prohibit a facility owner or operator from omitting information from a permit application that is needed to determine the applicability of any requirements. A new Subdivision 201-6.2(h) is added to clearly state that a facility owner or operator may choose to accept an emission cap in order to avoid the requirement to obtain a Title V permit. Renumbered Paragraph 201-6.4(d)(3) is repealed, and subsequent Paragraphs are renumbered accordingly. Subdivision 201-6.4(g) is separated into Paragraphs 201-6.4(g)(1) and 201-6.4(g)(2), and Paragraphs 201-6.4(g)(1) through 201-6.4(g)(4) are renumbered as Subparagraphs 201-6.4(g)(2)(i) through 201-6.4(g)(2)(iv) respectively. Paragraph 201-6.5(a)(1) is renumbered as Subdivision 201-6.5(a). Paragraph 201-6.5(a)(2) is repealed. Subdivisions 201-6.5(d) and 201-6.5(e) are repealed. Subparagraph 201-6.6(c)(1)(v) is revised to be consistent with 6 NYCRR Part 231. Paragraph 201-6.6(c)(9) is revised to allow the Department to process groups of minor permit modifications for a single facility simultaneously. Subparagraphs 201-6.6(c)(9)(i) through 201-6.6(c)(9)(vi) are repealed. Renumbered Section 201-6.7 is renamed to "Appendix A - Area Sources Regulated by National Emission Standards for Hazardous Air Pollutants Permanently Exempted from Title V Permitting". Referenced federal National Emission Standards for Hazardous Air Pollutants 40 CFR 63.541 and 40 CFR 63.1500 are removed. Section 201-6.9 is repealed.
Section 201-7.1 is renamed "Emission capping in facility permits" and the existing language is repealed. New language is added as Subdivisions 201-7.1(a) through 201-7.1(h) that establishes the requirements for emission capping in facility permits. Section 201-7.2 is repealed. Section 201-7.3 is repealed.
Subdivision 201-8.2(b) is revised to be consistent with 6 NYCRR Part 621. Subdivisions 201-8.2(c) and 201-8.2(d) are repealed. Subdivision 201-8.3(d) is repealed. A new Subdivision 201-8.3(d) is added to allow the Department to request that a facility that would otherwise qualify for a general permit apply for a state facility permit instead.
A new Subpart 201-9 entitled "Tables" is added. Table 1 is added to this Subpart to contain the emission thresholds for 62 Persistent, Bioaccumulative and Toxic compounds.
Text of proposed rule and any required statements and analyses may be obtained from:
Mark Lanzafame, NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, (518) 402-8403, email: 201permit@gw.dec.state.ny.us
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
September 27, 2012.
Additional matter required by statute:
Pursuant to Article 8 of the State Environmental Quality Review Act, a Short Environmental Assessment Form, a Negative Declaration and a Coastal Assessment Form have been prepared and are on file.
Summary of Regulatory Impact Statement
The New York State Department of Environmental Conservation (Department) is proposing to update its Operating Permit Program found in Title 6 of Official Compilation of Codes, Rules and Regulation of the State of New York (6 NYCRR) Parts 200, General Provisions; and 201, Permits and Registrations (Part 201). The last substantial overhaul of Part 201 occurred in 1996. At that time, the Department was required to revise Part 201 to incorporate the federal Title V permitting program mandated by the Clean Air Act Amendments of 1990 (Act). Many of the requirements in Part 201 have since become outdated and/or in need of substantial revision. While the Department has over the years made several minor changes to particular definitions and exempt activities, a comprehensive review and revision has not been proposed. This rulemaking will revise several components of the existing Part 201 to further clarify their requirements and simplify their implementation. This proposal applies to any entity that operates one or more stationary air emission sources in the State of New York, and does not create a mandate on local governments. The scope of the existing Part 201 will not be changed as a result of this proposal.
1. STATUTORY AUTHORITY
The statutory authority for these regulations is found in Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0301, 19-0302, 19-0303, 19-0305, 19-0306, 19-0311, 70-0109, 71-2103, and 71-2105 of the Environmental Conservation Law (ECL), 40 CFR 70, Section 7661[b] of the United States Code (USC), and Sections 160-169 and 171-193 of the Federal Clean Air Act (Act) (42 USC Sections 7470-7479;7501-7515).
2. LEGISLATIVE OBJECTIVES
Title V of the 1990 amendments to the Act established federal standards that states must satisfy with their air permitting programs in order to fulfill the environmental protection goals expressed therein. Such a program is required to address both large and small sources of air pollution, and provide a strong basis for implementing and enforcing various federal and state rules and regulations. The Department completed a rule making in 1996 that modified Part 201, and the Department's existing air permitting program, to be consistent with the new requirements of the Act. The knowledge and experience gained by the Department since that time has highlighted certain areas of the State air permitting program that need to be updated and revised. The changes being proposed through the present rulemaking are intended to increase the effectiveness of the program, streamline the permitting process, and make the program itself more efficient and responsive.
The development of a clear, concise and effective air permitting program will allow the Department to better fulfill its obligations to the citizens of the State while simultaneously meeting its responsibilities under the Act. This goal is consistent with the objectives set forth in both the Act and the ECL. The proposed revisions will also simplify the process for facility owners and operators by making the requirements for permitting or registering a facility more clear, consistent and concise. Finally, the revisions will make the program more efficient by reducing the amount of back and forth correspondence between the applicant, their consultants, and Department staff during the application review process.
3. NEEDS AND BENEFITS
The Department responded to the 1990 amendments to the Act by restructuring its existing air permitting program to be consistent with the newly promulgated federal requirements. Since that time, the program has remained largely unchanged. The subsequent 15 years of experience with the existing program has highlighted several areas in need of update and revision. Accordingly, the Department is proposing to amend Part 201 to comprehensively address these issues and improve the air permitting program by streamlining certain portions of the permitting process, making it easier and more efficient for facility owners and operators to implement. In addition, this rulemaking will also address inconsistencies caused by the promulgation of several federal regulations since Part 201 was last revised. It is necessary to correct these inconsistencies in order to avoid further confusion and simplify program implementation for facility owners, operators, and the Department.
The proposed Part 200 amendments will update a reference to the National Toxicology Program's 'Report on Carciongens' that is used in Subpart 201-3. This will update the referenced version from the 1994 version to the 2011 version, ensuring that the most up to date information is used in Part 201.
The 1996 revisions to Part 201 included transition plan requirements to help the Department phase-in the new obligations under the Act. Many of these requirements have since lapsed and no longer apply to any existing or new sources of air pollution in the State. Accordingly, the Department will remove these outdated requirements as part of this proposal.
The provisions for emission sources that operate on a temporary basis will also be revised as part of this rulemaking. In the current version of the rule, temporary operations are only discussed in the portion of Part 201 that applies to major facilities subject to Title V permitting requirements. While temporary operations at Title V facilities are an important part of many industrial operations, they are also frequently used at smaller facilities. As part of this rulemaking, the Department is proposing to clarify the provisions that define how an emission source must be operated to be considered temporary, and extend those same provisions to all facilities, regardless of size.
Prior to 1996, the Department issued individual source permits, permits to construct, and certificates to operate (COs) to all applicable air emission sources at a facility. This practice changed in 1996 when the Department was required to revise its Part 201 to begin phasing-out the individual source permitting program and phasing-in the current program designed to permit an entire facility under a single permit or registration. Existing COs were extended indefinitely to mitigate some of the burden associated with the changes to the permitting program. Many facilities still hold one or more COs today and these permits need to be updated. The Department estimates that approximately 350 COs are still outstanding statewide. Facility owners and operators holding a current permit or registration are not affected by this change. The proposed revisions to Part 201 will require the owners or operators of facilities still holding COs to submit a facility permit or registration application to the Department within 90 days of receiving written notification from the Department.
The cap-by-rule requirements for facilities that choose to maintain annual actual emissions below 50 percent of the major facility thresholds, as defined and set forth in Subpart 201-7.3, will also be revised as part of this proposal. The current language includes a list of fuel usage limits intended to restrict combustion facilities to a level that would maintain their emissions below the capping thresholds. The values listed in this table are now outdated and need to be revised. Accordingly, as part of this rulemaking, the Department is proposing to do away with these values, and allow facility owners or operators to demonstrate compliance through recordkeeping. In addition, the cap-by-rule provisions for other types of facilities will be revised to increase their clarity and ease of implementation. This change will also help to reduce confusion for facility owners and operators by simplifying the language describing the necessary procedures for capping by rule.
The Department is further proposing to revise the list of activities that are exempt from permitting requirements. The proposed revisions will update several of the listed activities in order to make them consistent with federal and state requirements that have been promulgated since the list was first implemented in 1996. In addition, six new activities will be added. These new activities address emission sources and technologies that were not widely used when Part 201 was last revised in 1996.
The Department is proposing as part of this rulemaking to add new items to the required information that must be submitted with air facility registration and permit applications. The proposed changes will require applicants to submit more detailed emissions calculations, as well as the physical parameters of each emission point at the facility. By adding this requirement to the rule, the Department is codifying its long-standing practice of mandating the submittal of this information and supporting documentation during the permit review process. This change is intended to decrease the number of requests for additional information made by the Department during the permit application review process, making the process itself less cumbersome and time consuming, and more efficient.
The Department is proposing a term limit on new and modified registrations and state facility permits. Specifically, the Department is proposing to establish a maximum term limit of 10 years. The 10 year limit was chosen to avoid confusion with the statutory deadlines for Title V permit renewal and mitigate any burden this change may impose on both the regulated community and Department staff. In addition, owners and operators of facilities holding existing registrations or state facility permits will be required to submit renewal applications within 90 days of receiving written notification from the Department.
In addition to the proposed term limits for registrations and state facility permits, the Department is also proposing to limit the amount of time a facility owner or operator has to commence construction once receiving a permit or registration from the Department. Accordingly, Facility owners and operators will have 18 months from the date of permit or registration issuance to commence construction. Should the facility owner or operator fail to meet this deadline, the Department may revoke or modify their permit or registration as necessary.
The proposed revisions will also add a new subpart to the rule introducing a list of 62 toxic air contaminants that have been found to pose the greatest threat to public health, safety, and the environment. The new list of air pollutants will establish emission thresholds for Persistent, Bioaccumulative and/or Toxic (PBT) air contaminants. PBT air contaminants are chemical substances that are persistent (P) in the environment, accumulate in biological organisms (bioaccumulative (B)), and toxic (T), making them priority pollutants and potential risks to both humans and ecosystems. The list contains 26 compounds determined to be carcinogens by the National Toxicology Program of the US Department of Health and Human Services (NTP)1, 12 of which are listed as known human carcinogens.2 Five families of compounds on the list are targeted for reduction by the Great Lakes Commission due to their long term persistence.3 Finally, the Emergency Planning and Community Right-to-Know Act has identified all but three of the listed PBT contaminants as significant compounds that should be evaluated.4 The three extra compounds were included because emissions of those compounds have required action by the Department in the past. By monitoring, controlling and potentially eliminating emissions of these compounds, the Department will be able to better fulfill its obligation to protect the health of the citizens and environment of New York State.
The proposed changes to Part 201 will ensure that PBT air contaminants are appropriately identified in permit and registration applications so that they can be properly monitored and, where possible, controlled by the Department. In addition, by establishing mass emission thresholds for these potentially hazardous compounds, the compliance process for regulating facilities will be simplified. A facility emitting one of these listed PBT air contaminants will be able to avoid conducting potentially costly emissions modeling and analysis since the modeling was already included in the development of the applicable threshold values. Further, the Department will benefit from this increased reporting on permit and registration applications by acquiring new data that can be used in future modeling exercises and/or to meet current and future air program goals.
It is important to note that this proposed change does not apply to facilities that operate only emission sources that are considered to be exempt or trivial pursuant to Subpart 201-3. The Department is confident that the activities listed as exempt and trivial will not result in emissions in excess of the proposed PBT thresholds. Further, the Department has decided to exclude combustion sources (i.e. boilers, stationary engines) from these requirements. Potential HAP and VOC emissions from these facilities are addressed through the federal National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations. The Department has no intention of duplicating that federal effort with this rulemaking.
4. COSTS
Overall cost increases at currently regulated facilities are expected to be minimal if Part 201 is amended as proposed. In most cases, the affected facilities are already required to pay emission fees, monitor their emission sources and complete permit applications. In addition, many of these facilities already employ the necessary staff to complete and file any permit or renewal applications, and monitor their facility for compliance with any applicable environmental regulations.
Costs for complying with the permitting program will vary depending on the size and nature of the facility, and the types and amounts of pollutants it emits. While there are costs associated with compliance incurred by major facilities, the Department does not anticipate any change in those costs as a result of this rulemaking.
Annualized costs associated with obtaining and complying with a state facility permit or registration are estimated to be approximately $300/yr. These costs represent activities such as recordkeeping and filing annual reports with the Department. In addition, annual permit program fees based on the type, size and number of emission sources operated at the facility must be paid to the Department. Permit program fees are controlled by Section 72-0302 of the ECL, and are currently set at: $100 for a small combustion or incineration source, $160 for a small process source, and $2000 for a large combustion, incineration or process source. The total program fee for any particular facility is calculated by tallying the number of each type of source operated at the facility and adding the respective fees. Facility owners and operators operating air emission sources in New York State are currently required to pay these costs. The Department does not anticipate an increase in compliance costs as a result of this proposal.
In addition to the annual compliance costs and permit fees, there are also costs associated with preparing state facility permit and registration applications. The costs for state facility permit and registration applications in the downstate region ranged from $1,500 to $7,200 based on the number of emission points at the facility. In the upstate region, these costs are estimated at $1,800 to $4,000. Some facilities may choose to hire a consulting firm to assist with the permit application process. The Department estimates that the cost of hiring a consulting firm is approximately $6,000 per application.
The Department is sensitive to the costs of permitting for small businesses. The Small Business Environmental Assistance Program (SBEAP) is a component of EFC that provides free and confidential application preparation services for small businesses that own or operate minor facilities. This service mitigates a large portion of the costs of preparing permit applications, and helps to ensure facility owners and operators are in compliance with all applicable regulations.
5. PAPERWORK
The proposed changes to Part 201 are not expected to create any significant increase in the amount of required paperwork.
Facility owners or operators that are required to update their existing COs may incur some additional paperwork in the form of recordkeeping and/or reporting requirements that they were not previously required to satisfy. Any additional paperwork will be consistent with other similar facilities already holding a permit or registration.
6. LOCAL GOVERNMENT MANDATES
The proposed revisions to Part 201 do not create any local government mandates beyond the need for local governments operating sources of air pollution to apply for and comply with a permit or registration as necessary. This requirement has existed since the inception of the first air permitting program more than 30 years ago. It has always been the policy of the Department to review all sources of air emissions, regardless of ownership. This policy does not represent or create any additional or disproportionate burden for local governments.
7. DUPLICATION
The proposal is not intended to duplicate any state or federal regulations or statutes.
8. ALTERNATIVES
An alternative to these proposed revisions is to take no action. Taking no action will have several negative consequences. First, outdated transition plan requirements and other confusing language will continue to remain in the rule. Second, sources of PBT compound emissions will continue to operate without increased scrutiny from the Department, potentially resulting in excess emissions. Third, facilities operating under existing COs will continue to operate indefinitely under their outdated permits, potentially resulting in excess emissions and non-compliance with newly promulgated state and federal regulations. The Department will not be able to properly address temporary emission sources, resulting in time consuming permit reviews for short-term actions with little environmental impact. Facility owners and operators will be required to respond to requests from the Department for more information, delaying the review of their permit applications and lengthening the overall permit issuance process.
9. FEDERAL STANDARDS
The proposed revisions to Part 201 are consistent with all federal standards.
10. COMPLIANCE SCHEDULE
The proposed revisions do not result in the establishment of any compliance schedules. The regulation will take effect 30 days after publication in the State register, anticipated to be in November 2012. Current permit renewal schedules for regulated industries will remain, and any new requirements will be added during the permit renewal process. Facility owners or operators required to update their existing COs or submit a state facility permit or registration renewal application will be notified by the Department prior to their required filing date.
1 12th Report on Carcinogens. US Department of Health and Human Services National Toxicology Program, 2011 http://ntp.niehs.nih.gov/ntp/roc/twelfth/ListedSubstancesKnown.pdf
2 EPA and the NTP issue guidance documents that rank carcinogens based on five recommended hazard descriptors: carcinogenic to humans, suggestive evidence of carcinogenic potential, inadequate information to assess carcinogenic potential, and not likely to be carcinogenic to humans. See: Guidelines for Carcinogen Risk Assessment. EPA/630/P-03/001F USEPA. March 2005.
3 The Great Lakes Commission is an interstate compact agency that promotes the integrated and comprehensive development of the water and related natural resources of the Great Lakes basin and St. Lawrence River. See: http://www.glc.org/
4 See: http://www.epa.gov/ceppo/pubs/title3.pdf
Regulatory Flexibility Analysis
The New York State Department of Environmental Conservation (Department) is proposing to revise and update 6 NYCRR Parts 200, General Provisions, and 201, Permits and Registrations (Part 201). The last substantial overhaul of Part 201 occurred in 1996. Since that time, many of the requirements in Part 201 have become outdated and in need of revision. The proposed rulemaking will revise several components of the existing Part 201 to further clarify their requirements and simplify its implementation, making it more efficient and cost effective for affected facilities. The scope of the existing Part 201 is not changed as a result of proposed revisions.
The proposed changes to Part 201 include the addition of several exempt and trivial activities, the removal of outdated transition plan requirements and many other minor language corrections. The provisions for emission sources operating on a temporary basis will also be clarified. Permitting thresholds for 62 persistent, bioaccumulative, and/or toxic compounds are also being added in order to more closely monitor and where possible control their emissions. Facility owners and operators still holding outdated certificates to operate will be required to update their current permit by submitting a permit or registration application. Lastly, the Department is proposing to limit the term of issuance for state facility permits and registrations to 10 years, ensuring that the air permits and registrations issued by the Department contain the most up to date information possible.
EFFECTS ON SMALL BUSINESS AND LOCAL GOVERNMENTS
The proposed revisions to Part 201 are not expected to directly affect small businesses and local governments. The owner or operator of an air emission source is required to obtain and comply with a permit or registration for that source. Small businesses and local governments are currently required to comply with this requirement under the existing Part 201. The proposed revisions will make the terms and conditions of Part 201 easier to understand and implement, simplifying the compliance process.
The proposed revisions will also require facility owners and operators that still hold outdated certificates to operate to update those certificates to current permits or registrations. Affected facility owners and operators will be required to complete a permit or registration application and go through the necessary approval process. In addition, the Department is proposing to add a list of permitting thresholds for certain persistent, bioaccumulative and toxic (PBT) compounds. This list may require that a new or existing small business emitting one or more of these compounds obtain either a permit or registration from the Department. Such a determination will be based on the actual emission levels of the compound in question. There may also be recordkeeping requirements associated with facilities that emit PBT compounds. Many of the potentially affected facilities are already required to keep some form of records relative to these compounds, and any additional recordkeeping would amount to only a more detailed accounting of their emissions.
Lastly, the Department is aware of local governments that issue their own air pollution control permits in addition to those required by the Department. This action is conducted solely at the discretion of local agencies and is not mandated by Part 201.
COMPLIANCE REQUIREMENTS
Small businesses and local governments that own or operate a non-exempt stationary emission source are currently required to complete and file an appropriate permit or registration application for the construction and operation of that facility. Once a permit or registration is issued, the facility owner or operator is required to comply with all terms and conditions of that permit or registration, and ensure that it accurately reflects facility operations. This requirement will not change as a result of these proposed revisions.
PROFESSIONAL SERVICES
Small businesses and local governments are able to comply with the requirements of Part 201 without contracting with any professional services. In some cases however, small businesses and local governments may choose to hire a private consulting firm to assist them with meeting their obligations under Part 201. The decision to employ a consulting firm is voluntary, and any associated costs are incurred at the discretion of the affected facility.
COMPLIANCE COSTS
Compliance costs for small businesses and local governments are not expected to increase as a result of the proposed revisions. In fact, the proposed revisions to Part 201 may have a positive impact on costs to small businesses and local governments. The proposed revisions seek to clarify and simplify the permitting process, leading to an increase in effectiveness and efficiency. This increased efficiency may actually decrease compliance costs for affected facilities. A more detailed analysis of the costs associated with this rulemaking is presented in the Regulatory Impact Statement.
Emission sources operated by small businesses and local governments tend to be minor facilities subject to state facility permitting or registration. The Department estimates that the annualized compliance costs for a minor facility are approximately $300. In addition, there are costs associated with completing and filing permit applications. The Department estimates that the cost of preparing and filing a permit application ranges from approximately $1,500 to $7,200 in the downstate region and $1,800 to $4,000 in the upstate region depending on the size and number of emission sources at the facility. Permit application costs will be incurred by affected facilities in ten year intervals as their permit or registration comes up for renewal, allowing facility owners and operators time to anticipate them.
MINIMIZING ADVERSE IMPACTS
The proposed revisions to Part 201 are not expected to have an adverse impact on small businesses and local governments. New and existing facilities are already required to comply with the current version of Part 201, and the scope of the regulation is not changed as a result of the proposed revisions. These proposed changes are intended to simplify the permitting process by making it easier to understand and more efficient.
In order to assist small businesses with environmental compliance, the Department provides free and confidential support through the Small Business Environmental Assistance Program (SBEAP), administered by the New York State Environmental Facilities Corporation. Interested facility owners and operators can contact SBEAP staff for free and confidential assistance filing permit and registration applications, as well as for advice and strategies for maintaining compliance with environmental regulations. This program provides small businesses with a cost saving option while ensuring that they are in compliance with the requirements of Part 201.
SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION
Prior to this proposal, the Department solicited the input of potentially affected parties through a series of stakeholder meetings and outreach activities. A fact sheet detailing draft changes being considered for Part 201 was distributed to potentially affected parties via the Business Council, and all feedback received was carefully considered. In addition, interested parties will have the opportunity to review and comment on the Department's proposal as part of the formal rulemaking process.
ECONOMIC AND TECHNOLOGICAL FEASIBILITY
Part 201 does not contain any technological requirements for affected facilities. In addition, the Department does not expect a significant change in the economic feasibility of Part 201 as a result of these revisions. Affected facilities are currently required to obtain permits and registrations from the Department. Several thousand facilities of various sizes are currently operating in compliance with Part 201 throughout the State. This is expected to continue after these proposed revisions are promulgated.
CURE PERIOD
The proposed revisions to Part 201 do not require the imposition of a cure period because there are no changes to any existing violations or penalties, and no new violations or penalties are established.
Rural Area Flexibility Analysis
The New York State Department of Environmental Conservation (Department) is proposing to revise and update 6 NYCRR Parts 200, General Provisions, and 201, Permits and Registrations (Part 201). The last substantial overhaul of Part 201 occurred in 1996. Since that time, many of the requirements in Part 201 have become outdated and in need of revision. The proposed rulemaking will revise several components of the existing Part 201 to further clarify their requirements and simplify its implementation, making it more efficient and cost effective for affected facilities. The scope of the existing Part 201 is not changed as a result of proposed revisions.
The proposed changes to Part 201 include the addition of several exempt and trivial activities, the removal of outdated transition plan requirements and many other minor language corrections. The provisions for emission sources operating on a temporary basis will also be clarified. Permitting thresholds for 62 persistent, bioaccumulative, and/or toxic compounds are also being added in order to more closely monitor and where possible control their emissions. Facility owners and operators still holding outdated certificates to operate will be required to update their current permit by submitting a permit or registration application. Lastly, the Department is proposing to limit the term of issuance for state facility permits and registrations to 10 years, ensuring that the air permits and registrations issued by the Department contain the most up to date information possible.
TYPES AND ESTIMATED NUMBER OF RURAL AREAS AFFECTED
Part 201 applies to the owner or operator of any facility operating one or more stationary emission sources in New York State. Affected facilities range in scale from small industries with a handful of emission sources, to large scale industries with hundreds of emission sources. Affected facilities are located in communities throughout the state, including many rural areas. The owner or operator of such a facility is already required to comply with the permitting and registration provisions of the existing Part 201. This proposal seeks to modify and update those provisions in order to make them easier to understand and implement. These changes are expected to result in increased efficiency at regulated facilities, potentially decreasing compliance costs. Accordingly, no adverse impacts on rural areas are anticipated due to this rulemaking.
COMPLIANCE REQUIREMENTS
Facility owners and operators that are subject to the requirements of Part 201 are required to obtain a facility permit or registration from the Department based on the potential to emit of their facility. Once issued, the permit or registration contains terms and conditions that the facility owner or operator is required to adhere to in order to demonstrate continuous compliance with state and federal rules and regulations that apply to the operation of that facility. Part 201 applies to all facilities operating stationary emission sources, regardless of their location. The proposed revisions will increase the clarity and efficiency of the rule, making compliance easier and more efficient for facility owners and operators.
COSTS
A detailed analysis of the costs for complying with the requirements of Part 201 can be found in the Regulatory Impact Statement for this rulemaking. The annualized compliance costs and application preparation costs described in that analysis are expected to be comparable to those of affected facilities located in rural areas. The proposed revisions to Part 201 will increase the clarity and efficiency of the air permitting program, potentially leading to cost savings over the current regulation.
MINIMIZING ADVERSE IMPACT
The Department does not anticipate any adverse impacts to rural areas as a result of this proposal. Permitting sources of air pollution regardless of ownership or location is necessary to ensure that they are operated in a way that protects the public health and the environment. In addition, the proposed revisions to Part 201 will make it easier for facility owners and operators to understand and comply with its requirements.
RURAL AREA PARTICIPATION
Prior to this proposal, the Department solicited the input of potentially affected parties through a series of stakeholder meetings and outreach activities. A fact sheet detailing draft changes being considered for Part 201 was distributed to potentially affected parties via the Business Council, and all feedback received was carefully considered. In addition, interested parties will have the opportunity to review and comment on the Department's proposal as part of the formal rulemaking process.
Job Impact Statement
The New York State Department of Environmental Conservation (Department) is proposing to revise and update 6 NYCRR Parts 200, General Provisions, and 201, Permits and Registrations (Part 201). The last substantial overhaul of Part 201 occurred in 1996. Since that time, many of the requirements in Part 201 have become outdated and in need of revision. The proposed rulemaking will revise several components of the existing Part 201 to further clarify their requirements and simplify its implementation, making it more efficient and cost effective for affected facilities. The scope of the existing Part 201 is not changed as a result of proposed revisions.
The proposed changes to Part 201 include the addition of several exempt and trivial activities, the removal of outdated transition plan requirements and many other minor language corrections. The provisions for emission sources operating on a temporary basis will also be clarified. Permitting thresholds for 62 persistent, bioaccumulative, and/or toxic compounds are also being added in order to more closely monitor and where possible control their emissions. Facility owners and operators still holding outdated certificates to operate will be required to update their current permit by submitting a permit or registration application. Lastly, the Department is proposing to limit the term of issuance for state facility permits and registrations to 10 years, ensuring that the air permits and registrations issued by the Department contain the most up to date information possible.
NATURE OF IMPACT
The proposed revisions to Part 201 are not expected to have any measurable impact on jobs or employment opportunities in the state. Affected facilities will continue to comply with their air permitting requirements by utilizing existing staff, or by contracting with outside consulting firms. Due to the nature of the proposed changes, the Department expects resources at affected facilities will be able to be utilized more efficiently.
CATEGORIES AND NUMBERS OF JOBS OR EMPLOYMENT OPPORTUNITIES AFFECTED
Facility owners and operators affected by Part 201 need professional engineering staff in order to accurately complete any required permit applications, and ensure their facility meets its obligations under their permit. Most facilities already employ the necessary staff to meet these needs. Professional engineering consultants may be retained where dedicated staff is unavailable, but that decision will be made by the facility owner or operator. In addition, the proposed changes will increase the clarity and efficiency of the air permitting process, allowing technical staff and consultants to complete the necessary work more quickly and efficiently.
REGIONS OF ADVERSE IMPACT
The proposed revisions to Part 201 are not expected to have any adverse impact on jobs or employment opportunities in the state. Accordingly, there are no regions of the state where there is expected to be a disproportionate or adverse impact.
MINIMIZING ADVERSE IMPACT
The revisions to Part 201 are not expected to have an adverse impact on jobs or employment opportunities.
