U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 281
Air Pollution Regulations in
State Implementation Plans: New York
Abcor Inc, Wilmington, MA
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
-------
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
KB 290281
EPA-450/3-78-082
August 1978
Air
&EFA
Pollution Regulations
in State Implementation
Plans:
New York
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
-------
TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
I. REPORT NO.
EPA-450/3-78-082
3. RECIPIENT'S ACCESSIOf»NO.
Pb 2C\Q--Z
4. TITLE ANDSUBTITLE
Air Pollution Regulations in State Implementation i
Plans: New York
5. REPORT DATE
August 1978
«. PERFORMING ORGANIZATION CODE
7. AUTHOHIS)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
\V. SPONSORING AGLNCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1, 1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air Quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
7.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
3. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b.IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (This page)
Unclassified
22. PRICE ,,,
n p v
EPA Form 2220-1 (9-73)
-------
EPA-450/3-78-082
Pollution Regulations
in State Implementation Plans
New York
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
-------
Thib report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-082
11
-------
INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been •
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing'legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted .indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
•facilities.
i Since,State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late natter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and'local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
-------
to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide, a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
-------
SUMMARY SHEET
OF
ERA-APPROVED REGULATION CHANGES
NEW YORK
Submittal Date
Original
Approval Date
5/31/72
2/9/72
2/11/72
2/14/72
5/24/72
7/20/72
5/31/72
5/31/72
5/31/72
9/22/72
9/22/72
Description
Note: Part 201 of
Subchapter A is dis-
approved for the fol-
lowing regions.
SOs Stds for Hudson
Valley Intrastate
Region
Primary SOs Stds for
Niagra Frontier Intra-
state Region
Secondary SOs Stds for
Genesee - Finger Lakes
and Southern Tier West
Intrastate Regions.
Secondary SOs Stds for
Central New York, Southern
Tier East Intrastate
Regions, New York por-
tion of the Champlain
Valley Intrastate Region
Parts 175, 176, 177,
185, 197, 203
Note: 197 is missing
Part 200, Article 9
of New York City
Part 192
Regs 200, 201, 202, 207,
212, 215, 219, 220, 222,
226, 230
Parts 204, 205, 214, 217,-
223, 225, 227, 230
Part 230 was not in
submittal, copy included
V
-------
SUbtnittal Date
Approval Date
Description
2/6/73 :.
8/15/73
2/17/74
(1/17/74)?
8/29/74
10/11/74
12/6/74
1/27/75
2/25/75
5/8/75
9/20/76
11/5/76.
Section No.
52.1677
52.1683
52.1685 .
8/20/74
2/25/74
9/17/74
6/2/75
6/2/75
6/2/75
9/15/75
6/2/75
9/15/75
5/18/77
5/18/77
FEDERAL REGULATIONS
Description
Compliance Schedules
Transportation and Land-use
General Requirements,
Part 226
Note: Sec. 226. 3(g)
is disapproved.
Parts 200, 201
Part 205
Part 225
Part 225
Part 225
Part 203
Part 225
Part 203
Part 225
Part 225
Controls
52.1686
(Public Availability of Emission Data)
Prevention of Significant Deterioration
VI
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT;MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS,.COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0 . .
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
.50.1 PARTICULATES
50,1.1 PROCESS WEIGHT
"'50.1.2 VISIBLE EMISSIONS
: '50.1.3 GENERAL
VII
-------
50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
R1ce and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Partlculates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (Includes
Fuel Content and Other Related Topics)
51^7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N0£ (Includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management, Forest F1re, F1re
Fighting Practice, Agricultural Burning and Related Topics)
51.14 ,PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16. PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
;T.opics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51 ..20 WOOD WASTE BURNERS
51.21 -MISCELLANEOUS TOPICS
VIII
-------
TABLE OF CONTENTS
Revised Standard
Subject Index
(2.0)
(1-0)
(.3.0)
(2.0)
(2.0).
(3.0)
(3.0)
(3.0) .
(3.0) ..
(3-.Q)
(2.0)
(9.0)
(9.0)
(2.0)
(9.0)
'(9.0)
(10.0)
(2.0)
(.1.0)
STATE
Section
Number
Part 200
Section 200.1
Part 201
Section 201.1
Section 201.2
Section 201.3
Section 201.4
Section 201.5
Section 201.6
Section 201.7
Section 201.8
Part 202
Section 202.1
Section 202.2
Section 202.3
Section 202.4
Part 203
Section 203.1
Section 203.2
REGULATIONS
Title
General Provisions
Definitions
Permits and Certificates
Applicability
Prohibitions .
Application for and Insurance
of Permits and Certificates
Permit to Construct
Certificate to Operate
Disapproval of Application
Transference
Exemptions
Stack Testing, Sampling and
Analytical Determinations
Required Stack Tests
Notification
Acceptable Procedures
Separate Stack Tests By the
Commissioner
Indirect Sources of Air
Contamination
Applicability
Definitions
Page
1
1
5
5
5
5
6
7
7
7
7
10
10
10
10
10
11
11
12
IX
-------
Revised Standard
Subject Index
(2.0)
(3.0)
(3.0)
(16.0)
(16.0)
(2.0)
(3.0)
. (2,0) , . ,
( 3.'0 )"-••••
(3.0)
(3.0)
(50.4) (51.16)
(2.0)
(4.0)
(1.0)
(2.0)
(50.4) (50.7)
(2.0)
(1.0)
(50.4)
Section
Number
Section 203.3
Section 203.4
Section 203.5
Section 203.6
Section 203.7
Section 203.8
Section 203.9
Section 203.10
Section 203.11
Section 203.12
Section 203.13
Part 204
Section 204.1
Section 204.2
Section 204.3
Section 204.4
Part 205
Section 205.1
Section 205.2
Section 205.3
Title Page
Prohibitions 13
Application For Permit 15
Preliminary Review of Applica-
tions and Public Comment 15
Public Notice of Hearings 17
Public Hearing Procedures 17
Determination 19
Standards For Issuance of Permit 19
Approval Subject to Conditions 20
Expiration of Permit 21
Modification of Permit 21
Suspension and Revocation of 21
Permi ts
Hydrocarbon Emissions From 22
Storage and Loading Facilities
Area Applicable 22
Ambient Air Quality Standards 22
Definitions 22
Prohibitions 23
Photochemically Reactive Solvents 25
& Organic Solvents From Certain
Processes
Applicable Geographical Area 25
Definitions 26
Emission of Organic Materials 28
From Certain Emission Sources
(50.1.2)
Section 205.4
Opacity of Emission Limited
29
-------
Revised Standard
Section
Subject Index
(2.0)
(51.21)
(51.21)
(51.21)
(2.0)
(8.0)
(1.0)
•"(B.'O)
(8.0)
(2.0)
(2.0)
(3.0)
(50.1.1)
(2.0)
(1.0)
. (2.0)
(2.0)
(51.4)
Number
Section 205.5
Section 205.6
Section 205.7
Section 205.8
Section 205.9
Part 207
Section 207.1
' Section 207.2
Section 207.3
Part 211
Section 211.1
Section 211.2
Part 212
Section 212.1
Section 212.2
Section 212.3
Section 212.4
.Part 213
(2.0)
Section 213.1
Title Page
Use of Afterburners For Control 29
of Emissions
Sale or Purchase of Certain Archi- 29
tectural Coatings Prohibited
Application or Disposal of
Certain Materials Restricted 29
Identification of Architectural 29
Coatings Required
Exemptions 30
Control Measures For An Air 31
Pollution Episode
Definitions 31
Episode Action Plan 31
Air Pollution Episode 32
General Prohibition 33
Prohibition 33
Application . 33
Contaminant Emissions From . 34
Processes and Exhaust and
Ventilation Systems
Applicability 34
Definitions 34
Prohibitions 35
Abatement 35
Contaminant Emissions From 41
Ferrous Jobbing Foundries
Applicability . 41
XI
-------
Revised Standard
Section
Subject Index
(1.0)
(2,0)
(51.2)
(6.0)
(2.0)
(50.1.2)
(50.2)
(2.0)
(51.13) -,
(1.0) .
(2.0)
(51.13)
(50.1.2)
(1.0)
(2.0)
(2.0)
(2.0)
(12.0)
(1.0)
(12.0)
(12.0)
(2.0)
(50.1.2)
Number
Section 213.2
Section 213.3
Part 214
Section 214.1
Section 214.2
Section 214.3
Section 214.4
Section 214.5
Part 215
Section 215.1
Section 215.2
Section 215.3
Part 216
Section 216.1
Section 216.2
Section 216.3
Section 216.4
Part 217
Section 217.1
Section 217.2
Section 217.3
Section 217.4
Section 217^5
Title Page
Definitions 41
Prohibition 42
By-Product Coke Oven Batteries 43
i
Compliance Schedules 43
Control Equipment 43
Smoke Emissions 43
Sulfur Compound Emissions 43
Corrective Action 44
Open Fires 45
Definitions 45
Prohibitions 45
Restricted Burning 46
Smoke 49
Definitions 49
Prohibition 49
Exceptions 50
Abatement 50
Emissions From Motor Vehicles 51
Propelled By Gasoline Engines
Definitions 51
Crankcase Emissions 52
Exhaust Emissions 53
Exemptions 55
Visible Emissions 55
XII
-------
Revised Standard
Subject Index
(12.0)
(12,0)
(50.1.2)
(2.0)
(2.0)
(2.0)
(51.9)
(2.0)
(2.0)
(1.0)
(51.9)
(50.1.2)
(9.0)
(2.0)
(50.1) (51.3)
(2.0)
(50.1.1)
(2.0)
(.9,0)
(51.3)
(2.0)
(2.0)
Section
Number
Section 217.6
Part 218
Section 218.1
Section 218.2
Section 218.3
Part 219
Section 219.1
Section 219.2
Section 219.3
Section 219.4
Section 219.5
Section 219.6
Section 219.7
Part 220
Section 220.1
Section 220.2
Section 220.3
Section 220.4
Part 221
Section 221.1
Section 221.2
Title Page
General Standards 55
Smoke Emissions From Diesel 56
Engines
Applicability 56
Prohibitions 56
Exceptions 56
Incinerators 57
Title 57
Applicable Geographical Area 57
Definitions 57
Emission Limits 57
Smoke Emissions 58
Tests 58
Abatement 59
Particulate Emissions From Cement 60
and Lightweight Aggregate
Industry Pyroprocesses
Applicability 60
Process Weight, Process Weight Per 60
Hour, Pyroprocesses
Prohibitions 61
Testing, Sampling and Records 61
Asbestos - Containing Surface 63
Coating Materials
Applicability 63
Prohibition 63
XIII
-------
Revised Standard
Subject Index
(51.9)
(2.OT
(50.1)
(50.1.2)
(50.6)
(51.9)
(4.0)
(51.21) ....
(50.2) '.
(2.0)
(51.6)
(2.0)
(2.0)
(2.0)
(16.0)
(2.0)
(9.0)
(13.0) (9.0)
(51.6)
(2.0)
Section
Number
Part 222
Section 222.1
Section 222.2
Section 222.3
Section 222.4
Section 222.5
Section 222.6
Part 223
Section 223.1
Section 223.2
Part 225
Section 225.1
Section 225.2
Section 225.3
Section 225.4
Section 225.5
Section 225.6
Section 225.7
Part 226
Section 226.1
Ti 11e Page
Incinerators - New York City, 64
Nassau and Westchester Counties
Applicability 64
Particulate Emissions 64
Smoke Emissions 64
Odorous Emissions 64
Representative Incinerator Models 65
Ambient Air Quality Standards 65
Petroleum Refineries 67
Sulfur Compound Emissions 67
Exceptions 67
Fuel Composition and Use - New 68
York Metropolitan Area
Prohibitions 68
Special Limitations Contingent 68
Upon Air Quality
Exceptions Contingent Upon Fuel 69
Shortage
Public Hearings 70
General Exceptions 71
Emission and Fuel Monitering 72
Reports, Sampling and Analysis 73
Fuel Composition and Use - 75
Stationary Air Contamination
Sources
Applicability 75
XIV
-------
Revised Standard
Subject .Index
(2.0)
(2.0)
(13.0) (9.0)
(9.0)
(51.5) (51.7)
(51.5)
(50.1)
(5.0.1.2)
(50.3) ; :
(9.0)
(2.0)
(2.0)
(2.0)
(4.0)
(1.0)
(51..6)
' (2.0)
(2.0)'
(2.0)
(6.0)
(4.0)
Section
Number
Section 226.2
Section 226.3
Section 226.4
Section 226.5
Part 227
Section 227.1
Section 227.2
Section 227.3
Section 227.4
Section 227.5
Section 227.6
Section 227.7
Section 227.8
Section 227.9
Section 227.10
Part 230
Section 230.1
Section 230.2
Section 230.3
Section 230.4
Section 230.5
Title Page
Prohibitions 75
Exceptions 76
Reports, Sampling and Analysis 77
Emission and Fuel Monitoring 78
Stationary Combustion Installations 79
Bituminous Coal 79
Particulate Emissions 79
Smoke Emissions 79
Nitrogen Oxides 80
Stack Monitoring 80
Fuel Mixtures . 81
Corrective Action .81
General 82
Ambient Air Quality Standards 82
Definitions 82
Fuel Composition and Use - 85
Niagara Frontier
Applicability 85
Prohibitions 85
Exceptions 85
Compliance 86
Ambient Air Quality Standards 86
xv
-------
FEDERALLY PROMULGATED REGULATIONS
Revised Standard
Subject Index
(6.0)
(12.0)
(14.0)
(17.0)
Section
Number
52.1677
52.1683
52.1685
52.1689
Title Page
Compliance Schedules 88
Transportation and Land
Use Controls 93
General Requirements 93
Prevention of Significant
Deterioration 95
xvi
-------
(2.0) PART 200 - GENERAL PROVISIONS
(1.0) Section 200.1 Definitions
(Additional statutory authority: Environmental Conservation Law,
3-03-1, 19.-0301, 19-0303)
a. Air cleaning installation, air cleaning device control equipment
Any method, process or equipment which removes, reduces or renders
less noxious air contaminants discharged into the atmosphere.
b. Air contaminant
A dust, fume, gas, mist, odor, smoke, vapor, pollen, or any
combination thereof.
c. Air contamination
The presence in the outdoor atmosphere of one or more air
Contaminants which contribute or which are likely to contri-
bute to a condition of air pollution.
d.; Air contamination source or emission source.
1. Any apparatus, contrivance or machine capable of causing
emission of any air contaminant to the outdoor atmosphere
either directly, or through an exhaust system, an air
cleaning device or a stack. When more than one apparatus,
contrivance or machine is connected to a single exhaust
system, air cleaning device or stack, their combination
shall be considered a single air contamination source or
emission source.
2. Any facility, building, structure or installation or com-
bination thereof which directly or indirectly results, or
may result in emissions of any air contaminant for which
there is a State or Federal ambient air quality standard,
limited, however, to the following:
(i) Any garage or parking facility in the County of New
York.
(ii) Any facility with an associated parking area(s) upon
which the facility will rely with a total .capacity
of 1,500 or more cars.
(iii) Any parking facility with an existing.capacity of less
than 1,500 cars which will increased to 1,500 or more
cars. :
-1-
-------
(iv) Any parking facility with an existing capacity in
excess of 1,500 cars which will be increased by
more than 25 percent, or more than 1,500 cars,
whichever is less.
(v) Airports served by regularly scheduled airlines.
(vi) Roads with a maximum expected traffic volume within
10 years of completion of:
(a) 3,000 vehicles or more in eight hours, or
(b) 1,500 vehicles or more in one hour.
e. Air pollution
The presence in the outdoor atmosphere of one or more conta-
minants in quantities, of characteristics and of a duration
which are or may be injurious to human, plant or animal life
or to property or which unreasonably interfere with the com-
fortable enjoyment of life and property.
f. Combustion installation
An installation, consisting of one or more furnace, device,
engine or turbine in which fossil fuel and/or wood is burned
with air or oxygen and the air contaminant emissions
include only those products resulting from
1. combustion of the fuel,
2. additives or impurities in the fuel and
3. material introduced for the purpose of altering
air contaminant emissions.
g. Commissioner
Commissioner of Environmental Conservation of the State of
New York.
h. Diesel engine
An internal combustion engine in which air is compressed to
a temperature capable of igniting fuel injected into the
cylinders where combustion occurs.
-2-
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i. Distillate oil
A fuel oil consisting of distilled, fractions and having a
kinematic viscosity of 5.3 centistokes or less at 100 degree
Fahrenheit. This includes ASTM grade numbers 1 and 2 fuel
oil, ASTM grade numbers 1-D and 2-D diesel fuel oil and pro-
posed ASTM grade numbers 1-GT and 2-GT gas turbine fuel oil.
j. Emission rate potential
The rate in weight per unit time at which air contaminants
. would be emitted to the outdoor atmosphere in the absence
of air pollution control equipment or other control measures.
The emission rate potential for cyclic operations shall be
determined by considering the peak emission potential and
total emission potential over the time period of the cycle.
k. Environmental rating
An assigned rating indicated by the letter A, B, C, or D,
which considers the potential environmental effects of an
air contamination source on its surroundings.
1. Exhaust and/or ventilation system
Any system which removes air contaminants from a process and
transports them from their point of generation to the out-
door atmosphere.
m. Fossil fuel burning equipment
Any furnace, steam, hot-air or hot-water generating equip-
ment or any other device, exclusive of process equipment in
which the fuel burned is coal, oil, gas or other fossil fuels,
n. Fuel
Solid, liquid, or gaseous combustible material
o. Garbage
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of food.
p. Incinerator
Any structure or furnace in which combustion takes place and
type 0, 1,2, 3, or 4 refuse is used as a fuel, alone or in
conjunction with fossil fuel.
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q. L.P. gas
A petroleum hydrocarbon, such as propane, butane, or
isobutane, which is normally a gas but which can be
compressed and condensed to a liquid.
r. Motor vehicle
A vehicle which can travel on land and which is propelled
by means other than human or animal muscular power except
such vehicles which run only on tracks or rails.
s. On-site incinerator
Any incinerator except one used to burn refuse which is
collected from more than 100 different premises and
brought to the incinerator site by truck.
t. Opacity
The degree to which emissions other than water reduce the
transmission of light and obscure the view of an object
in the background.
u. Open fire
Any outdoor fire or outdoor smoke producing process from
which the air contaminants are emitted directly into the
outdoor atmosphere.
v. Outdoor atmosphere
The atmosphere outside of and surrounding all buildings,
structures, stacks or exterior ducts.
w. Particulates
Any air or gas-borne material, except water, which exists
as a liquid or solid at 70 degrees Fahrenheit and 20.92
inches of mercury pressure.
x. Permissible emission rate
The maximum rate at which air contaminants are allowed to
be emitted to the outdoor atmosphere.
y. Person
Any individual, public or private corporation, political
subdivision,
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(3.0) PART 201 - PERMITS AND CERTIFICATES
(2.0) Section 201.1 Applicability
This Part shall apply throughout the State of New York except in
counties and cities whose local laws, ordinances or regulations are
consistent with this Subchapter provided, that such counties and
cities have and maintain an adequate staff to implement and to en-
force the provisions of such local ordinances, laws or regulations
in accordance with standards established by the commissioner; and
provided that in December of the preceding year, the commissioner
has promulgated a list of such counties and cities which he will
exempt during the calendar year following.
(2.0) Section 201.2 Prohibitions
a. Except as provided in Section 201.8, no person, shall
initiate construction or modification of an air contamin-
ation source or an air cleaning device, exhaust system or
stack without having obtained a permit to construct or a
provisional permit to construct from the commissioner.
b. Except as provided in Section 201.8 and except where other-
wise permitted by the commissioner, no person who owns as
air contamination source shall operate, use, or permit to
be used, such air contamination source without haying a
valid certificate to operate or provisionsal certificate to
operate, issued by the commissioner.
• c. A person who owns an air contamination source shall be per-
mitted to operate such source without a certificate to
operate provided he has applied for a certificate to
operate. Such person shall terminate operation of such
source on receipt of written notification that his appli-
cation has been disapproved.
(3.0) 201.3 Application for and issuance of permits and certificates*
a. Any person who plans to construct or modify an air contamin-
ation source or an air cleaning device or who owns an exist-
ing air contamination source for which a certificate to
.operate is required, shall file an application with the
commissioner for a permit to construct and/or certificate to
. operate. When requested by the commissioner, applicants
shall include with the filed application, plans and specifi-
cations for the air contamination source.including location
of stack sampling ports, test scaffolds and any other
reasonable and pertinent information.
*Applications for permits to construct pertaining to air cleaning devices
on exhaust and/or ventilation systems required under the Labor Lav/ and/or
Industrial Code rules are reviewed for the commissioner by the Industrial
Commissioner. •-.'••
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b. The commissioner shall issue a permit to construct only after
• the applicant demonstrates to his satisfaction that
1. the operation of the source will not prevent the attain-
ment or maintenance of any applicable ambient air
quality standards and
2. the source will operate without causing a violation of
applicable Rules and Regulatipns.
c. A certificate to operate shall be issued by the commissioner
for a period not to exceed three years when it is demonstrated
that the existing, new or modified air contamination source
or air cleaning device can be operated in conformity with all
applicable Parts of this Subchapter.
d. A person who owns an air contamination source or an air clean-
ing installation shall construct, modify, test install and
continue to operate in accordance with all the conditions of
the permit to construct and or the certificate to operate and
all applicable Parts of this Subchapter. The commissioner
may suspend a certificate or permit if there is a failure to
comply with its conditions and/or all applicable Parts of
this Subchapter.
(3.0) 201.4 Permit to construct
a. A permit to construct shall be valid for one year from the
date of issuance unless extended or suspended by the com-
missioner.
b. Where the requirement of Section 201.2 and/or Section 201.3
would create an undue hardship or cause unreasonable delay,
a person may proceed to construct a new or modified air con-
tamination source, at his own risk, only after having received
a provisional permit to construct from the commissioner.
Within 90 days of issuance of the provisional permit to con-
struct such person shall either discontinue construction or
shall have applied for a permit to construct as required by
Section 201.2 and/or Section 201.3. The provisional permit
to construct shall be in effect until such time the com-
missioner issues a permit to construct or disapproves or
cancels the application.
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(3.0) 201.5 Certificate to operate
a. The commissioner may issue a provisional certificate to
operate for a limited time period not' to exceed one year,
.'. where he has reason to believe that an air contamination
source is a temporary, trial, or experimental installa-
tion, or in the case where the commissioner has required
the submission and acceptance of a stack test report or
other information as a condition to the issuance of a
'certifiace to operate or permit to construct.
b. Any certificate to operate or equivalent issued prior to the
effective date of this Part, shall expire 15 months after
the effective date of this Part. Expired certificates to
operate are invalid.
c. Any person who owns an air contamination source or air clean-
ing device shall operate and maintain such source or device
in accordance with this Subchapter and existing laws. Fail-
ure of such person to so operate and maintain the effective-
ness of such source and/or device shall be sufficient reason
for the commissioner to revoke or deny a certificate to
operate.
(3.0) 201.6 Disapproval of application
If the application for a permit to construct or certificate to
operate is disapproved, the applicant shall be notified in
writing of the reasons. The commissioner may cancel such appli-
cation if the applicant fails to submit an amended application
within 90 days of notification.
(3.0) 201.7 Transference
No person who owns an air contamination source shall transfer a
permit to construct or a certificate to operate from one air con-
tamination source to another or from one person to another.
(2.0) 201.8 Exemptions
A person who owns any of the following air contaminations sources
shall be exempt from all provisions of the other sections of this
Part but shall not be exempt from other Parts of this Subchapter.
a. Combustion installations where the manufacturers rated heat
input is less than one million BTU per hour.
b.1 Stationary internal combustion engines under 400 horsepower.
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c. Unit space heaters.
d. Fuel burning equipment using as fuel No. 2 oil, diesel oil,
natural gas, L.P. gas, or a mixed gas distributed by a
utility in accordance with the rules of the Public Service
Commission of the State of New York.
.e. Emergency equipment installed in hospitals or other public
institutions or buildings for use when the usual sources of
heat, power, and lighting are temporarily unobtainable.
f. Emergency relief vents, stacks and ventilating systems.
g. Vehicles for transportation of passengers and/or freight.
h. Vacuum cleaning systems used exclusively for commercial or
residential housekeeping.
i. Ventilating systems used for heating or cooling buildings for
the comfort of people living or working within the building.
j. Laboratory ventilating and exhaust systems which are not used
for radioactive air contaminants.
k. Process, exhaust or ventilating systems in bakeries or estab-
lishments preparing food for on-site human consumption.
1. Exhaust or ventilating systems for soldering or welding.
m. Exhaust or ventilating systems for lead melting pots and in
printing establishments.
n. Exhaust or ventilating systems for fuel, solvent or paint
storage tanks, rooms or cabinets where the average emission
rate is -equivalent to a maximum of one gallon of solvent
used in any hour and the total annual emission of solvent
does not exceed 110 gallons.
o. 'Exhaust or ventilating systems for photocopying, photographic
or other related process equipment where no ammonia gas is
generated.
p. Process, exhaust or ventilating systems in municipal sewage
•treatment plants but not including sewage sludge incineration.
q. Process, exhaust or ventilating systems in dry cleaning
•establishments servicing the retail trade only.
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r. Exhaust or ventilating systems for food blanching or cooking
in water.
s. Ventilating systems used in buildings to house animals.
t. Exhaust or ventilating systems for spray, dip, or roller
coating using water based coat material where only water
vapor is released. ,
u. Exhaust or ventilating systems for printing, spray, dip or
roller coating where the average emission rate is equivalent
to a maximum of one gallon of solvent used in any hour and
the total annual emission of solvent does not exceed 110
gallons.
v. Exhaust or ventilating systems for nonaqueous solvent degreas-
ers where the solvent make-up is equivalent to a maximum of
one gallon of solvent used in any hour and the total annual
emission of solvent does not exceed 110 gallons.
w. Exhaust or ventilating systems for melting of gold, silver,
platinum and other precious metals.
i •
201.9 Recycling, salvage or disposal of collected air contaminants.
a. Where practical, any person, who owns, or operates an air
contamination source, shall recycle or salvage air contamin-
ants collected in an air cleaning device.
b. No person shall remove collected air contaminants from an
air cleaning device or shall recycle, salvage or dispose of
such air contaminants in a manner so as to reintroduce them
to the outdoor atmosphere to cause air pollution.
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f1.1.^) PART 202 - STACK TESTING, SAMPLING AND ANALYTICAL DETERMINATIONS
(9.0) 202.1 Required stack tests
If the Commissioner has reason to believe that an air contamina-
tion source may not be in compliance with the provisions of this
Subchapter, he may require the person who owns such air con-
tamination source to submit an acceptable stack test report
within a stated time demonstrating that the source is in compli-
ance with this Subchapter. Such person shall bear the cost of
stack testing and preparing the stack test report. Failure of
such person to submit a report acceptable to the Commissioner
within the time stated shall be sufficient reason for the
commissioner to suspend or deny a certificate to operate.
(2.0) 202.2 Notification
A person who is required by the Commissioner to submit a stack
test report shall notify the Commissioner, in writing, not less
than 30 days prior to the test, of the time and date of the
test. Such notification shall also include the acceptable pro-
cedures to be used to stack test including sampling and analyti-
cal procedures. Such person shall allow the Commissioner, or
his representative, free access to observe stack testing being
conducted by such person.
(9.0) 202.3 Acceptable procedures
Stack testing, sampling and analytical determination to ascer-
tain compliance with this Subchapter shall be conducted in
accordance with procedures acceptable to the Commissioner. The
person who owns an air contamination source shall submit the
stack test report to the Commissioner within 30 days after the
completionof tests.
(9.0) 202.4 Separate stack tests by the Commissioner
a. If the Commissioner has reason to believe that an air con-
tamination source may not be in compliance with the pro-
i visions of this Subchapter, he may conduct separate or
additional stack tests on behalf of the state. Any person
who owns an air contamination source, when requested by the
Commissioner, shall provide sampling holes, scaffolding and
other pertinent allied facilities required for collection
of stack samples. Such person shall bear the cost of such
facilities.
b.' If a person who owns an air contamination source fails to
. provide sampling holes, scaffolding and other pertinent
• allied facilities required for collection of stack samples,
the Commissioner may then provide such facilities, and such
person shall bear the cost.
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(10.0) PART 203 - INDIRECT SOURCES OF AIR CONTAMINATION
(2.0) Section 203.1 - Applicability
a. This Part shall apply throughout the State of New York; pro-
vided, however, that the Commissioner may by order filed with
the Secretary of State exempt persons in a city or county
in whole or in part from the provisions of this Part where
he has determined that such city or county has enacted a local
law, ordinance or regulation which will achieve the purposes
of this Part or applicable portions thereof, and that such
city or county has adequate staff to enforce and will enforce
the provisions of such local law, ordinance or regulation;
and provided, further, that the Commissioner may by order
filed with the Secretary of State delegate the enforcement
of this Part in whole or in part to a city or a county where
he has determined that such city or county has adequate staff
to enforce and will enforce the provisions of this Part or
' ' applicable portions thereof. (NOTE: The following cities
and counties have been determined exempt or been delegated
.enforcement responsibilities: New York City). He may revoke
any such exemption or delegation where he determines that
the stated conditions no longer exist. An order of exemp-
tion or delegation may contain such provisions concerning
review of actions of any such city or county as the Commis-
sioner may deem necessary.
b. Except as provided in Section 303.3, this Part shall not apply
to the construction or' modification of an indirect source of
air contamination if such construction or modification com-
menced prior to the effective date of this Part. For the
purpose of this Subdivision, construction or modification will
be deemed to have commenced if a person has entered into a
contract for paving or installation of foundations or for the
fabrication, erection or installation of the building com-
ponents of an indirect source or associated parking area and
has engaged in a continuous program of on-site construction
or modification of such source or area; except that in the
case of roads, highways and airports where acquisition of land
is required, an appropriation of land through eminent domain
proceedings as evidenced by the filing of a description and
map in the office of .the appropriate county official or the
negotiated purchase of land as evidenced by a binding contract
of purchase, shall constitute the commencement of construction
or modification, if followed by a continuous program of on-
site construction or modification. Interruptions resulting
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from force majeure shall be disregarded in determining whether
r a construction or modification program is continuous.
c. With respect to any indirect source to which the owner or
operator believes this Part does not apply, the owner or
operator may request in writing an applicability ruling from
the Commissioner.
(1.0) Section 203.2 Definitions
As used in this Part, the following terms shall have the indicated
meanings unless noted otherwise:
a. "Indirect source of air contamination" or "indirect source"
means a facility, building, structure or installation the
construction or operation of which results or may result
directly or indirectly in associated vehicular movements or
aircraft operations which contribute to ambient concentrations
;of any pollutant for which there is an ambient air quality
standard adopted pursuant to the Federal Clean Air Act, as
amended, (42 U.S.C. 1857 et seq., hereinafter referred to
as the "Act"), including but not limited to:
1. highways and roads;
2. parking facilities, including lots and garages;
3. shopping centers and other retail and commercial facilities;
4. recreational centers, amusement parks, sports stadiums
and entertainment facilities;
5. residential complexes;
6. airports;
7. office, institutional and industrial facilities;
8. hotels and motels;
9. theaters; and
10. hospitals.
b. "Associated parking area" means a parking facility or facili-
'ties operated in conjunction with an indirect source.
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c. "Aircraft operation" means an aircraft take-off or landing.
d. "Commence construction" or "commence modification" means to
initiate a program of on-site construction, including, but
not limited to, site clearance, grading, dredging, land
filling or entering into a contract for paving or installa-
tion of foundations or for the fabrication, erection or in-
stallation of building components, specifically designed for
an indirect source or an associated parking area or in pre-
paration for the fabrication, erection on installation of
the building components of an indirect source.
e. "Urban area" means any of the following counties:
1. Albany, Rensselaer, Saratoga and Schenectady Counties
(Albany-Schenectady-Troy area)
2. Broome and Tioga Counties (Binghamton area)
3. Erie and Niagara Counties (Buffalo area)
4. Chemung County (Elmira area)
5. Nassau, Rockland, Westchester and Suffolk Counties, and
the counties of New York City (New York area)
6. Dutchess County (Poughkeepsie area)
7. Livingston, Monroe, Orleans and Wayne Counties (Rochester
area)
8. Madison, Onondaga and Oswego Counties (Syracuse area)
9. Oneida and Herkimer Counties (Utica-Rome area)
(2.0) Section 203.3 Prohibitions
a. No person shall commence construction or modification of an
indirect source of air contamination or associated parking
area without having a valid permit to construct issued by
the Commissioner pursuant to this Part. The foregoing pro-
hibitions shall apply only to:
1. The construction or modification of any parking facility
or any associated parking area in New York County.
2. Any airport, the construction or modification of which
results or may result in the following activity within
ten years after completion of the construction or modifi-
cation:
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(i) In the case of a new airport, 50,000 or more air-
craft operations per year by regularly scheduled
air carriers, or use by 1,600,000 or more passengers
per year.
(ii) In the case of a modified airport, an increase of
50,000 or more aircraft operations per year by re-
gularly scheduled air carriers over the existing
annual volume of aircraft operations, or an increase
of 1,600,000 or more passengers per year.
3. Within an urban area:
(i) The construction of any new parking facility, or
other new indirect source with an associated parking
area, which adds new parking capacity of 1,000
vehicles or more:
(ii) The modification of any parking facility or any
associated parking area which, by itself or when
added together with all parking capacity constructed
subsequent to November 4, 1973 or the date the
latest permit to construct has been issued for such
facility.or area, will produce, parking capacity of
500 vehicles or more, unless such modification is
permitted under the latest permit to construct;
(iii) The construction of any road or highway section on
which the annual average of daily traffic volume
within ten years of completion of construction
exceeds or may exceed 20,000 vehicles;
(iv) The modification of any existing section of road
or highway which increases or may increase the
annual average of daily traffic volume within ten
years of completion of modification by more than
10,000 vehicles.
4. Outside an urban area,
(i) The construction of any new parking facility, or
other new indirect source with an associated park-
ing area, which adds new parking capacity of 2,000
vehicles or more;
(ii) The modification of any parking facility or of any
associated parking area which, by itself or when
added together with all parking capacity constructed
subsequent to November 4, 1973 or the date the
latest permit to construct has been issued for such
facility or area, will produce parking capacity of
1,000 vehicles or more, unless such modification is
permitted under the latest permit to construct.
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5. Whenever an indirect source or associated parking area
is to be constructed or modified in planned incremental
phases, the Commissioner may approve any or all such
phases prior to the initiation of any such phase.
b. No person shall operate an indirect source of air contamina-
tion, the construction or modification of which requires a
permit under Subdivision (a), without first having obtained
a permit to construct and no person shall operate an indirect
source which does not comply with the terms and conditions
of the applicable permit to construct.
(3.0) Section .203.4 Application for Permit
a. An application for a permit to construct shall be filed with
the Commissioner in such form and manner and contain such
information as the Commissioner may require pursuant to
guidelines which shall be made availabe to any person on
request. Such information may include the submission by the
applicant of appropriate atmospheric diffusion models,
measured air quality data, reliable analyses and such other
additional information, testing or documentation as the Com-
missioner may reasonably require to determine compliance
.with Section 303.9.
b. After receipt of an application or supplement or correction
thereto the Commissioner will advise the applicant of any
deficiency in the information submitted in support of the
application. In the event of such a deficiency, the appli-
cation shall not be considered complete until all required
information has been supplied.
c. An applicant may be required to file with the application an
undertaking in an amount fixed by the Commissioner to
guarantee payment of the costs of any public hearing.
(3.0) Section 203.5 Preliminary Review of Applications and Public Comment
a. After receipt of a completed application, the Commissioner
will make a preliminary analysis of the application and a
preliminary determination whether he intends to approve,
approve with conditions or deny the application and the
applicant shall publish at its own expense a notice of
.application in the form prescribed by the Commissioner once
a week for two consecutive weeks in one newspaper designated
by the Commissioner having a .general circulation in the
county in which the .proposed construction or modification of
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an Indirect source is to occur. The applicant shall give
such additional notice as the Commissioner may require in
order adequately to inform the public of such application.
b. The notice shall provide for opportunity for written public
comment on such application within a stated period not less
than thirty days after the date of first publication and
shall specify that the application and the Commissioner's
preliminary analysis and determination are available for
public inspection and copying at one or more specified lo-
cations in the affected air quality control region. Prior
to the end of the public comment period, proof of notice
shall be submitted to the appropriate regional office of the
Department.
c. A copy of the notice shall be sent by the applicant to:
the regional administrator of the United States Environ-
mental Protection Agency; all other State and local air
pollution control agencies having jurisdiction in the air
quality control region in which the indirect source is
proposed to be built; the chief executive of the appropriate
city, town, village and county; the appropriate County and
Regional Planning Boards; and any appropriate local board
or committee charged with responsibility for activites in
the conduct of the urban transportation planning process
(3-C process) pursuant to 23 U.S.C. 134.
d. .After the period for public comment specified in such notice,
the Commissioner will hold a hearing if he determines that
there is sufficient public interest in and reason for such
a hearing or if the applicant so requests. In making such
a determination, he will consider the public comments received,
including any requests for a public hearing, and the antici-
pated impact of the indirect source's effect on air quality.
In the event that he determines that a hearing is appropriate,
he will direct the applicant to publish notice of such a
hearing as prescribed in Section 203.6. The hearing shall
,be held not less than thirty days after notice is first given.
e. The applicant shall bear the costs of any such hearing, making
payment directly to the provider of the services, material or
.facilities, including the following:
1. stenographic and other costs of producing the record;
2. newspaper publication and other costs of giving notice;
and
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.3. costs of renting any necessary facilities and equip-
ment for holding the hearing.
f. The Commissioner will consider any public comments timely
received in making his final determination. The applicant
will be given an opportunity to submit a written response
to any public comment and the Commissioner will consider
such response in making his final determination.
g. The Commissioner may dispense with the period for public
comment and proceed directly to a public hearing if he de-
termines that the anticipated impact of the proposed pro-
ject on air quality and/or the public interest so requires
or if the appliant so requests. In such a case the appli-
cant shall give notice of hearing instead of notice of
appliation. The notice of hearing shall contain the infor-
mation required by this Section.
(16.0) Section 203.6 Public Notice of Hearings
Public notice of any hearing held pursuant to Section 203.5 shall be
in a form prescribed by the Commissioner and be circulated in the
same manner as specified in Section 302.5. It shall specify that
the hearing shall be held not less than thirty days after the date
of first publication and that persons wishing to be heard at such
public hearing may file a statement of the grounds of support of,
opposition to or interest in the application at a specified office
of the Department prior to the date of the public hearing. It shall
also specify that persons may submit their comments for the record
whether or not wishing to be heard. Proof of notice shall be sub-
mitted prior to the date of the public hearing.
(16.0) Section 203.7 Public Hearing Procedures
a. Parties to the public hearing held pursuant to Section 203.5
shall be the applicant, any person who files a written pub-
lic comment or statement pursuant to Section 203.5(b) or
Section 203.6, any municipality within the boundary of
which the indirect source is located and such other persons
. as the hearing officer shall, in his discretion, determine
• • to be in the public interest to permit to intervene as a
.party, either generally or for a special purpose.
b.. At any public hearing held pursuant to Section 203.5, any
party shall be afforded the opportunity to present oral or
written statements or arguments and to present evidence on
issues of fact; provided, however, that the Department
shall have the discretion to fix reasonable time limits on
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the presentation of oral statements or evidence and when
time and scheduling considerations necessitate, may require
the submission of statements, arguments or evidence in
writing.
c. The public hearing shall be conducted by a hearing officer
designated by the Commissioner. The hearing officer is
empowered to:
1. Provide for the taking of written and oral statements
or data;
2. Require the submission of sworn testimony and permit the
cross-examination of witnesses subject to such limita-
tions as he may impose to avoid irrelevant or repeti-
tious cross-examination;
3. Regulate the course of the hearing, fix the time for
the filing of written statements, arguments and evidence,
provide for the scheduling and preservation or oral
statements, arguments and evidence, and set the time and
place for continued hearings; and
4. Take notice of general and scientific facts, provided
that he shall give the parties an opportunity to con-
test the facts so noticed.
d. Any materials, including records and documents, in the pos-
sesstion of the Department or which are relevant to the
application, may be relied upon by the Commissioner in making
his determination. Any document relied on by the Depart-
ment shall be available for inspection by the parties.
e. The hearing officer shall make findings of fact and his
recommendation and shall forward them to the Commissioner.
f. The Commissioner may at any time direct the hearing be re-
opened prior to issuance of the permit to construct where
the public interest so requires.
g. In the event no hearing is held, an official file shall be
compiled by the Department consisting of documents submitted
by the applicant, any public comments and any additional
documents relied on by the Department with respect to the
application. Any document made part of such official file
shall be available for inspection by the appliant and other
interested persons.
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h. The Commissioner may at any time prior to the issuance of the
permit to construct request additional information from the
applicant.
(2.0) Section 203.8 Determination
a. The Commissioner may issue or deny the permit to construct
or issue it subject to conditions as provided in Section
203.10.
b. The Commissioner will notify the applicant and any parties
to any public hearing in writing of his approval or dis-
approval of the application. If he disapproves the applica-
tion, approves it with substantial modifications or if
there has been a public hearing, he shall set forth the
reasons for his decision.
(3.0) Section 203.9 Standards for Issuance of Permit
a. The Commissioner will not issue a permit to construct unless
he determines that:
1. the operation of the indirect source of air contamination
or any associated parking area will not cause a violation
of any appliable ambient air quality standard adopted
pursuant to the Act and in effect at the time of the
issuance of the permit or, where a violation of such
standard exists, will neither increase the ambient con-
centration of the applicable pollutant nor interfere
with attainment or maintenance of such standard.
2. the operation of the indirect source of air contamination
or any associated parking area will not result in any
violation of applicable portions of any control strategy
of an appliable air quality implementation plan approved
or promulgated under the Act and in effect at the time
of the issuance of the permit; and
3. the operation of the source will not result in a viola-
tion of any of the provisions of this chapter. '
b. For purposes of this section, the appliable ambient air
quality standards for:
1. construction of highway sections which will produce an
annual average of daily traffic volume of 50,000.or
more vehicles within ten years after completion of
. construction;
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2. modification of a highway section which will increase
the annual average of daily traffic volume by 25,000
.:' vehicles or more within ten years after completion of
. . modification; and ;
3. airports
shall mean the standards for carbon monoxide, photochemical
oxidants and nitrogen dioxide adopted pursuant.to the Act.
For all other indirect sources, the applicable ambient air
quality standard shall mean the standard for carbon monoxide
adopted pursuant to the Act. Determinations of whether a
violation of such standards will be caused or whether, in
the case of an existing violation, ambient concentrations
will be increased will be based on anticipated ambient con-
centrations as of the time of completion of the proposed con-
struction or modification or any phase thereof and during
a reasonable time thereafter. In the case of highway sections
and airports such time shall be a ten year period following
such completion.
c. The Commissioner will make the determination pursuant to
paragraph (a)(l) of this section for carbon monoxide by
evaluating the anticipated ambient concentrations of car-
bon monoxide at receptor or exposure sites where people
might reasonably be expected to be exposed and which will
be affected by the vehicular movements expected to be attract-
ed by the indirect source; such determination shall be based
upon traffic flow characteristic guidelines, appropriate
atmospheric diffusion models, any other reliable analytic
method or any combination thereof.
d. The Commissioner will make the determination pursuant to
•paragraph (a)(l) of this section for photochemical oxidants
•and nitrogen dioxide by evaluating the anticipated ambient
concentrations of such pollutants at one or more locations
determined by him to be representative of the points of
greatest exposure within the affected area.
(2.0) Section 203.10 Approval Subject to Conditions
a. Whenever an indirect source as proposed by an applicant
would not be permitted to be constructed or modified because
of failure to meet the standards set forth in Section 203.9,
the Commissioner may approve the application, subject to such
conditions as will permit such source, if constructed or
modified in accordance with such conditions, to meet the
standards set forth in Section 203.9.
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b. Notwithstanding the provisions related to modified indirect
sources contained in Section 203.3, the Commissioner may
. condition any approval by specifying the extent to which
and the period within which the indirect source, when com-
pleted, may not be further modified without approval of
such modification under this Part.
c. The Commissioner may at the time of issuance of the permit
attach such other conditions, including monitoring require-
ments, as will assure compliance with the permit or the pro-.
visions of this Part; provided, however, that no condition
shall be imposed which would require partial or complete
curtailment of operation of the indirect source based on
unanticipated changes of ambient concentrations of pollutants
for which the -applicant cannot be responsible; except that
nothing herein shall relieve the applicant from responsibility
to comply with the provisions of any present or future appli-
cable implementation plan.
(3.0) Section 203.11 Expiration of Permit
Unless otherwise specified therein, a permit to construct shall
expire when no construction or modification has been commenced
within a period of two years after the issuance of the permit or
when no substantial progress is made in such construction or modi-
fication for a period of two years. For the purpose of this sec-
tion, interruptions resulting from force majeure shall be disre-
garded. 'The Commissioner may extend any time period upon a satis-
factory showing that an extension is justified.
(3.0) Section 203.12 Modification of Permit
The permit to construct or any condition thereof may be amended at
any time upon written application to the Commissioner and a show-
ing that:modification thereof will not result in violation of the
standards contained in Section 203.9. The.Commissioner may require
reapplication under Section 203.4 where he determines that there
may be significant public interest in such modification.
(3.0) Section 203.13 Suspension and Revocation of Permits
The Commissioner may suspend a permit to construct at any time
upon any of the following grounds:
f • ' '.
a:. Failure to construct the indirect source substantially in
accordance with the application as approved;
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(50.4) PART 204 HYDROCARBON EMISSIONS FROM STORAGE AND LOADING FACILITIES
(51.16)
New York City Metropolitan Area
(2.0) Section 204.1 - Area Applicable
This Part shall apply only in New York City Metropolitan area, consis-
ting of the five counties within the City of New York as well as the
counties of Nassau, Westchester, Rockland and Suffolk.
(4.0) Section 204.2 - Ambient Air Quality Standards
Notwithstanding the provisions of this Part, no person shall emit air
contaminants in quantities which, alone or in combination with
emissions from other sources, would contravene any established stand-
ard for the quality of the ambient air, or would cause air pollution.
(1.0) Section 204.3 - Definitions
a. Effluent Water Separator
Any tank, box, sump or container in which volatile organic
material floating, entrained or contained in water entering
such tank, box, sump or container is physically separated and
removed from such water prior to outfall, drainage or re-.
... . covery of such water.
b. Submerged Fill Pipe
Any fill pipe the discharge opening of which is entirely sub-
merged when the liquid level is 6 inches above the bottom of
the tank; or when applied to a tank which is loaded from the
. side, shall mean any fill pipe the discharge of which is en-
tirely submerged when the liquid level is 18 inches or is
twice the diameter of the fill pipe, whichever is greater,
above the bottom of the tank. Compliance with Columns 8 and
9 of Table 6 of API standard 650, dated June 1970, also meets
the requirement of this section.
c. Volatile Organic Liquids
Any material containing carbon and hydrogen or containing car-
bon and hydrogen in combination with any other element or
;elements which has a vapor pressure of 1.5 pounds per square
.inch absolute or greater under actual storage conditions and
exists as a liquid under conditions of standard temperature
and pressure.
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d. Gasoline Service Station
A facility for retail sale of gasoline motor fuel.
(2.0) Section 204.4 - Prohibitions
a. Storage of volatile organic liquids.,
No person shall place, store, or hold in any stationary tank,
reservoir, or other container of more than 65,000 gallons
capacity any volatile organic liquid unless such tank,
reservoir, or other container is a pressure tank capable of
maintaining working pressures sufficient at all times to pre-
vent vapor or gas loss to the outdoor atmosphere or is de-
signed and equipped with one of the following vapor loss
control devices:
1. A floating pontoon type or double deck type roof or
internal floating cover, which will rest on the surface
of the liquid contents equipped with a closure seal or
seals to close the space between the roof edge and tank
wall. This control equipment shall not be permitted if
the volatile organic liquids have a vapor pressure of 11.0
pounds per square inch absolute or greater under actual
storage conditions. All tank gauging or sampling devices
shall be gas-tight except when tank gauging or sampling
is taking place.
2. A vapor recovery system, consisting of a device capable
of collecting the vapor from volatile organic liquids
and a means for processing such volatile organic vapors
and gases so as to prevent their emission to the out-
door atmosphere. All tank gauging and sampling devices
shall be gas-tight except when gauging or sampling is
taking place.
3. Other equipment or means of equal efficiency for pur-
poses of air pollution control as approved by the Com-
missioner.
b. Filling of Stationary Storage Vessels
Except in the case.of existing underground storage vessels
at gasoline service stations and farms, no person shall place
store or hold in any stationary storage vessel of more than
275 gallon capacity, any volatile organic liquid unless.such
vessel is equipped or constructed in accordance with one of
. the following:
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1. A permanent submerged fill pipe.
2. Pressure tank design as described in Section 204.4a.
3. A vapor recovery system as described in Section 204.4a.
4. Other equipment or means of equal efficiency for purposes
of air pollution control acceptable to the Commissioner.
c. Loading of Mobile Storage Vessels
1. No person shall load any volatile organic liquid into
any tank truck, trailer or railroad tank car from any
loading facility that transfers more than an average
of 40,000 gallons per day over a three month period
unless such loading facility is equipped with an approved
vapor collection and disposal system properly installed,
in good working order and in operation. Such equipment
shall consist of the following:
(a) A loading arm with a vapor collection adaptor.
(b) A device to force a vapor-tight seal between the
adaptor and the hatch.
(c) A means of preventing the drainage of volatile
organic liquid from the loading device when it is
removed from the hatch of any tank truck, trailer
or railroad tank car or to accomplish complete
drainage before such removal.
(d) Fittings which make vapor-tight connections and
which close automatically upon disconnection when
loading is effected through means other than hatches.
(e) Other equipment or means of equal efficiency for pur-
poses of air pollution control acceptable to the
Commissioner.
2. No person shall load any volatile organic liquid into any
tank truck, trailer or railraod tank car fom any loading
facility that transfers less than an average of 40,000
gallons per day over a three month period unless such
loading facility is equipped with a submerged fill pipe
or other means of equal efficiency for purposes of air
pollution control acceptable to the Commissioner.
d. The emergency venting of vessels covered by this Part shall
not be considered a violation.
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e, Effluent Water Separators
No person shall use any compartment of any effluent water
separator which recovers 200 gallons a day or more or any
volatile organic liquid unless such compartment is
equipped with one of the following vapor loss control de-
vices, properly installed, in good working order and in
operation.
1. A solid cover having all openings sealed and totally en-
closing the liquid contents. All gauging and sampling
devices shall be gas-tight except when gauging or sampl-
ing is taking place.
2. A pontoon type or double deck floating roof> or internal
floating cover, which will rest on the surface of the
contents, equipped with a closure seal or seals to close
the space between the roof edge and container wall. All
gauging and sampling devices shall be gas-tight except
when gauging or sampling is taking place.
3. A vapor recovery system consisting of a vapor gathering
system capable of collecting the organic vapors and gases
discharged and a vapor disposal system capable of process-
ing such organic vapaors and gases so as to prevent
their emission to the outdoor atmosphere. All gauging
and sampling devices shall be gas-tight except when
gauging or sampling is taking place.
4. Other equipment of equal efficiency for purposes of air
pollution control as approved by the Commissioner.
f. Pumps and Compressors
All pumps and compressors handling volatile organic liquids
shall have mechanical seals or other equipment of equal
efficiency for purposes of air pollution control as approved
• by the Commissioner.
(50.4) PART 205 PHOTOCHEMICALLY REACTIVE SOLVENTS & ORGANIC SOLVENTS FROM
(50.7). CERTAIN PROCESSES
(2.0) Section 205.1 Applicable geographical area. This Part shall apply
only to New York City Metropolitan Area, consisting of the five counties
within the City of New York, as well as the counties of Nassau,
Westchester, Rockland and Suffolk.
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(1.0) Section 205.2 - Definitions
The terms, in addition to those defined in Part 200 of this
Subchapter, hereinafter defined for the purposes of this
Part shall mean:
1. Afterburner
A catalytic and/or thermal combustion device used to
control air contaminant emissions.
i
2. Architectural Coating
A surface coating applied to residential, industrial,
public, or commercial buildings and their appurtenances.
3. Effluent Water Separator
Any tank, box, sump or container in which volatile
organic material floating, entrained or contained in
water entering such tank, box, sump or container is
;•: physically separated and removed from such water prior
to outfall, drainage or recovery of such water.
4. Emission Point
Any conduit, chimney, duct, vent, flue, stack or open-
ing of any kind through which air contaminants are
emitted to the outdoor atmosphere.
5. Heat Cure
A process in which heat is used and which results in
tempering, strengthening, or other chemical change in
processed or emitted materials.
6. Heat Drying
A process whereby heat is used to evaporate volatile
solvent which does not undergo a chemical change.
7, Mon-Photochemically Reactive Solvents
All solvents other than those defined in paragraph (11)
of this Subdivision.
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8. Opacity
i
The degree to which emissions other than condensed water
reduce the transmission of light and obscure the view of
an object in the background.
9. Organic Materials
Any chemical compounds of carbon excluding carbon monox-
ide, .carbon dioxide, carbonic acid, metallic carbides,
metallic carbonates, and ammonium carbonate.
10. Organic Solvents
Organic materials which are liquids at a temperature of
70°F. and a pressure of 29.92 inches of mercury absolute
which include diluents and thinners and which are used
as but are not limited to dissolvers, viscosity reducers,
.or cleaning agents.
11. Photo-Chemically Reactive Solvents
(a) Any solvent containing more than 20 percent by volume
• of the chemical compounds described below or which
contain such compounds below in amounts which exceed
,. the allowable limits of such compounds described be-
low as specified for each category.
Category #1 A combination of hydrocarbons, alcohols,
aldehydes, esters, ethers or ketones having an
olefinic or cyclo-olefinic type of unsaturation:
.allowable limit 5 percent.
, Category #2 A combination of aromatic hydrocarbon
with eight or more carbon atoms to the mole-
cule except ethylbenzene: allowable limit
8 percent
Category #3 A combination of ethylbenzene ketones,
having branched hydrocarbon structures or
toluene: allowable limit 20 percent.
. i.
(b) If any organic solvent or any constituent of an
organic solvent may, from its chemical structure,
be classified into more than one of the above groups
:of organic compounds, it shall be classified in
that category having the lowest allowable volume
percentage specified.
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12. Polymerization
A chemical conversion whereby simple molecules (mono-
mers) react under any condition to form polymers.
13. Water Based Paint
A coating, the volatile content of which is at least
80 percent water and which contains no photochemically
reactive solvents.
(50.4) Section 205.3 - Emission of Organic Materials From Certain Emission
Sources
a. Except as provided in Subdivision (c) of this Section, no per-
son shall cause or allow emissions of organic materials
through an emission point from any emission source in which
any organic solvent, or any material containing an organic
solvent, comes into contact with flame, is baked, heat cured
or heat polymerized in the presence of oxygen, which are in
excess of 15 pounds in any 24 consecutive hours, or 3
pounds in any one hour except that these limitations shall
not apply to any person utilizing control equipment which
reduces such emissions of organic material to not more than
15% of the amount that would have been otherwise emitted in
the absence of such control equipment.
b. Except as provided in Subdivision (c) of this Section, no
person shall cause or allow emissions of organic materials
through an emission point from any emission source not
-described in Subdivision (a) of this Section in which any
photochemically reactive solvent or any material containing
such solvent is used, which are in excess of 40 pounds in
any 24 consecutive hours, or 8 pounds in any one hour except
that these limitations shall not apply to any person utiliz-
ing control equipment which reduces such emissions of organic
material to not more than 15% of the amount that would have
-been otherwise emitted in the absence of such control
equipment.
c. Subdivisions (a) and (b) of this Section shall not be effective
until January 31, 1974, with respect to any person who owns
or operates an emission source which was in existence and
operating prior to August 11, 1972.
d. Where organic materials from a single emission source are
emitted through more than one emission point, the sum of
the emissions from all such emission points shall not exceed
the quantity that would be permitted if said emissions were
emitted through a single emission point.
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(50.1.2) Section 205.4 Opacity of Emission Limited
No person shall cause or allow emissions to the outdoor atmosphere
having ah opacity of 10 percent or greater from any emission source
described in Subdivision (a) of Section 205.3 of this Part.
(2.0) Section 205.5 Use of Afterburners For Control of Emissions
No person shall utilize an afterburner to control emissions of organic
material as required by Section 205.3 of this Part, unless 90 per-
cent or more of the carbon content of such organic material is
oxidized to carbon dioxide.
(51.21) Section 205.6 Sale or Purchase of Certain Architectural Coatings
Prohibited
After January 31, 1974, no person shall sell, offer for sale or pur-
chase any architectural coating containing a photochemically reactive
solvent, except architectural coatings contained in aerosol spray
cans.
(51.21) Section 205.7 Application or disposal of certain materials restricted
a. After January 31, 1975, no person shall:
1. Apply any architectural coating containing a photo-
chemically reactive solvent, except architectural coat-
ings contained in aerosol spray cans, or
2. Dispose of any photochemically reactive solvent or any
material containing a photochemically reactive solvent,
except architectural coatings contained in aerosol spray
cans, by any means which will permit the evaporation of
- .-• such solvent into the outdoor atmosphere.
(51.21) Section .205.8 Identification of Architectural Coatings Required
Each ..container of any architectural coating sold or offered for sale
in the New York City Metropolitan Area after January 31, 1974, shall
be marked with a code identifying the product in the container, and
any manufacturer of any architectural coating sold or offered for
sale in the New York City Metropolitan Area after January 31, 1974
shall, maintain records which list the solvent composition of the
product represented by the code and shall make such records available
to the Commissioner upon his request.
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(2.0) Section 205.9 Exemptions
a. This Part shall not apply to:
1. The manufacture, transport or storage of organic solvents
or materials containing organic solvents.
2. The use of effluent water separators.
3. The spraying or other employment of insecticides,
pesticides, or herbicides.
4. The use of saturated halogenated hydrocarbons, per-
chlorethylene or trichloroethlene.
5. The use or sale of water based paint.
6. The use of coatings, the volatile content of which does
not exceed 20 percent by weight and which contain only
non-photochemically reactive solvents.
7. The application and heat drying of printing ink which
contains less than 30 percent organic solvent by weight.
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(8.0) PART 207 CONTROL MEASURES FOR AN AIR POLLUTION EPISODE
(1.0) Section 207.1 Definitions
a. Significant Air Contamination Source
Any air contamination source the emissions of which alone or
in combination with others can be expected to have an ad-
verse effect on ambient air quality during an air pollu-
tion episode. This category includes, but is not limited to:
air contamination sources with emissions in excess of 100
tons per year; fossil fuel burning equipment rated at more
than 200 million BTU per hour input; processes exhaust or
ventilating systems with particulate emissions in excess of
100 Ibs/hr; process, exhaust or ventilating systems which
emit sulfur dioxide at a rate exceeding 10 Ibs/hr; Incinera-
tors with particulate emissions in excess of 50 Ibs/hr.
(8.0) Section 207.2 Episode Action Plan
a. Any person who owns a significant air contamination source
shall submit a proposed episode action plan to the Commissioner
within 90 days of his request therefor. The plan shall con-
tain detailed steps which will be taken by the air contamina-
tion source owner to reduce air contaminant emissions dur-
ing each stage of an air pollution episode. The Commissioner
shall make available and furnish with his request therefor,
guidelines for preparation of episode action plans.
b. Any person may submit a proposed episode action plan to the
Commissioner whether or not the air contamination source to
be covered by the plan is a significant air contamination
source. Such plan, if approved by the Commissioner, would
prescribe the steps to be taken by the source owner during
an air pollution episode any summary order of the Commissioner
to the contrary not withstanding.
c. Any person who owns a significant air contamination source
or voluntarily submits an episode action plan in accordance
with Subdivision 207.2(b) shall submit to the Commissioner
within 90 days of his request therefor, a proposed modifica-
tion of his episode action plan to accommodate advances in
technology or knowledge of contaminant effects.
d. The Commissioner may issue an episode action plan to any
person who fails to submit an acceptable plan or plan modi-
fication within the required time when so requested.
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e. Upon petition, within 60 days of approval or issue of an
episode action plan, the Commissioner shall grant a hearing
to the significant air contamination source owner at a time
and place as determined by the Commissioner.
f. An owner of a significant air contamination source shall make
his episode action plan available at a convenient location
on his premises for review by the Commissioner or his repre-
sentative, at any time.
(8.0) Section 207.3 Air Pollution Episode
a. When weather conditions and/or concentration of an air con-
taminant or contaminants are such that immediate action is
necessary to prevent further increases in air contamination
or damage to life, property or environmental quality, the
Commissioner shall designate by order that a Forecast, Alert
I, Alert II or Emergency stage of an air pollution episode
exists. The Commissioner shall have on file and make avail-
able the criteria used in determining the need to designate
episodes.
b. The Commissioner may also designate by order that an episode
exists when a single accident, occurence or condition has
resulted or is likely to result in damage to life, property
or environmental quality.
c. Once designated by the Commissioner, an episode or any stage
of an episode shall remain in effect until terminated by the
• • Commissioner.
d. Any person who owns an air contamination source for which an
episode action plan has been issued or approved shall take
whatever actions are prescribed by his episode action plan
when an air pollution episode is in effect.
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(2.0) PART 211 - GENERAL PROHIBITION
(2.0) . Section 211.1 Prohibition
No person shall permit or cause any air contamination source to
produce air pollution as this term is defined in article 12-A,
section 1267 (4) of the Public Health Law.
(3.0) Section 211.2 Application
To the extent that there is a rule which applies to the control of
a specific air contaminant or a specific air contamination source,
section 186.1 shall not be applied and the other rule shall take
precedence over and shall be applied in place of the general prohi-
bition.
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(50.1.1) PART 212 CONTAMINANT EMISSIONS FROM PROCESSES, AND EXHAUST AND
• VENTILATION SYSTEMS
(2.0) Section 212.1 Applicability
This Part shall apply throughout the State of New York to contaminant
emissions from processes, and exhaust and ventilation systems, except
that when another Part applies to a specific air contaminant or a
specific air contamination source, that Part shall take precedence and
shall be applied in place of this Part.
(1.0) Section 212.2 Definitions
a. Air Contamination Source or Emissions Source
Any apparatus, contrivance or machine capable of causing
emission of any air contaminant to the outdoor atmosphere
either directly or through an exhaust system, an air
.. cleaning device or a stack. When more than one apparatus,
.contrivance or machine is connected to a single exhaust system
air cleaning device or stack, each such apparatus, contrivance
or machine shall be considered a separate air contamination
. : 'source.
, b. Emission Rate Potential
The rate in weight per unit time at which air contaminants
.would be emitted to the outdoor atmosphere in the absence of
air pollution control facilities or other control measures.
The emission rate potential for cyclic operations shall be
determined by considering the peak emission potential and
the total emission potential over the time period of the
cycle.
c. Environmental Rating
A rating indicated by the letter A, B, C, or D, which con-
siders the environmental effects of an air contamination
source on its surroundings.
d. Exhaust and/or ventilation system
Any system which removes air contaminants from a process and
transports them from their point of generation to the out-
door atmosphere.
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e,- Permissible emission rate
The maximum rate at which air contaminants are allowed to
' .be emitted to the outdoor atmosphere.
f. Process Weight
, The total weight of all materials introduced into a process
which may cause air contaminant emissions to the outdoor
atmosphere. Solid fuel used in the process is considered
part of the process weight, but liquid and/or gaseous fuel
uncombined water and combustion air are not.
g. Process Weight Per Hour
The total process weight divided by the number of hours in
one complete operation from the beginning of a cycle to
the completion thereof. For continuous processes, process
weight should be determined on a daily basis.
(2.0) Section 212.3 Prohibitions
a. .No person shall cause, permit or allow the emission of air
contaminants from an emission source resulting from an opera-
tion begun or modified, after the effective date of this
Part, which exceeds the permissible emission rates specified
in tables 2 and 3, for the environmental rating as deter-
mined in accordance with table 1.
b. On January 1, 1971, or such later date as established by an
order of the Commissioner, the permissible emission rates
specified in Subdivision (a) shall become applicable to
emission sources in existence on or prior to the effective
date of this Part.
c. The provisions of this section shall not be construed to
allow or permit any person to emit air contaminants in
quantities which alone or in combination with other sources
would contravene any established air quality standards.
(2.0) Section 212.4 Abatement
a. The Commissioner may require the person operating or main-
taining emission sources to provide pertinent data concern-
ing, emissions so as to show compliance with the requirements
of Section 187.3.
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When required by the Commissioner, the person operating or
maintaining emission sources in operation before the effective
date of"this Part shall submit a detailed report including
emission data, pertinent environmental factors and a pro-
posed environmental rating so as to show conformity with this
Part of proposed corrective measures and schedule for com-
pliance. If this report is acceptable, the Commissioner
will so notify the person operating or maintaining the
emission source. If the report is not acceptable, the Com-
missioner will notify the person operating or maintaining
the emisson source as to the reasons together with an environ-
mental rating that is acceptable and a time schedule for com-
pliance. Upon petition to the Commissioner within 30 days
of such notice, the Commissioner shall grant a hearing to the
petitioner.
Persons beginning or modifying operations after.the effective
date of this Part are required to submit to the Commissioner
or his representative, either prior to* or concurrently with
submission of plans and/or specifications, an appraisal of
,the items mentioned in table it in the form'of a report includ-
ing the'proposed rating to be used for design purposes.
The Commissioner may seal any process equipment or prohibit
any operation in accordance with a determination made under
the provisions of Section 1282 of Article 12-A of the Public
Health Law. The seal may be removed form the equipment only
upon receipt of written notice from the Commissioner.
See Appendix 4.
*It is recommended that for Targe installations the report be sub-
mitted prior to submission of plans. Following approval of the pre-
liminary report, final detailed plans and/or specifications will be
completed and submitted to the Commissioner or his representative
for approval.
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Rating
APPENDIX 4
Table 1
Environmental Rating
A Includes processes, and exhaust and ventilation systems
where the discharge of a contaminant or contaminants
results, or would reasonably be expected to result, in
serious adverse effects on receptors or the environment.
These effects may be of a health, economic or aesthetic
nature or any combination of these.
B Includes processes, and exhaust and ventilation systems
where the discharge of a contaminant or contaminants
results, or would reasonably be expected to result, in
only moderate and essentially localized effects; or
where the multiplicity of sources of the contaminant or
comtaminants in any given area is such as to require an
overall reduction of the atmospheric burden of that con-
taminant or contaminants.
C Includes processes, and exhaust and ventilation systems
where the discharge of a contaminant or contaminants
would reasonably be expected to result in localized
adverse effects of an aesthetic or nuisance nature.
D Includes processes, and exhaust and ventilation systems .
where, in view of properties and concentrations of the
emissions, isolated conditions, stack height, and other
factors, it can be clearly demonstrated that discharge
of the contaminant or contaminants will not result in
measurable or observable effects on receptors, nor add
to-an existing or predictable atmospheric burden of that
.contaminant or contaminants which would reasonably be
expected to cause adverse effects.
The following items will be considered in making a determination of
the environmental rating to be applied to a particular
source:
a) properties, quantities and rates of the emission
b) physical surroundings of emission source
c) population density of surrounding area, including antici-
pated future growth
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d) dispersion characteristics at or near source
e) location of emission source relative to ground level and
surrounding buildings, mountains, hills, etc.
f) current or anticipated ambient air quality in vicinity
of source
g) latest findings relating to effects of ground-level con-
centrations of the emission on receptors
h) possible hazardous side effect of contaminant in
question mixing with contaminants already in ambient air
i) engineering guides which are acceptable to the Commissioner
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TABLE 2
Usual Degree of Air Cleaning Required (1)
from
Processes, and Exhaust and Ventilation Systems
for
Gases and Liquid Participate Emissions (Environmental Rating A and D)
and
. Solid Participate Emissions (Environmental Rating A and D)
EMISSION RATE POTENTIAL (LB/HR)
i
Co
Environmental
Rating
A
B
C
U
Less
than
1.0
See Note
(2)
1
to
10
10
to
20
20
to
100
100
to
500
500
to
1,000
1,000
to
1,500
99% OR GREATER
*
*
90-91%
70-75%
91-94%
75-85%
94-96%
85-90%
96-97%
90-93%
1,500
to
4,000
4,000
to
10,000
10,000
and
Greater
97-98%
93-95%
98-99%
95-98%
99% or Greater
98% or Greater
*
* Degree of air cleaning may be specified by the Commissioner providing satisfactory
dispersion Is achieved.
(1) Where multiple emission sources are connected to a common air cleaning device, the degree of
air cleaning required will be that which would be required If each individual emission source were
considered separately.
(2) For an average Emission Rate Potential less than 1.0 Ib/hr, the desired air cleaning efficiency
shall be determined by the expected concentration of the air contaminant In the emission stream.
Where It 1s uneconomical to employ air cleaning devices, other methods of control should be
considered.
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APPENDIX 4
TABLE 3
Allowable Emissions
from
Processes, and Exhaust and Ventilation Systems
for
Solid Participates (Environmental Rating B & C)
Process Weight Maximum Weight Discharge***
(Ib/hr) (Ib/hr)
100 .50
500 1.46
1,000 2.30
5,000 6.70
10,000 10.80
25,000 20.00
50,000 31.80
75,000 43.00
100,000 ** 50.00
250,000 ** 58.20
500,000** 64.30
750,000** 68.40
1,000,000** 71.10
2,000,000** 78.30
5,000,000** 88.10
* In cases where process weight is not applicable (such as grinding and
woodworking) the concentration of solid particulates in the effluent
gas stream shall not exceed 0.3 lb/1000 Ib of undiluted exhaust gas
at actual conditions.
** For process weights in excess of 100,000 Ib/hr, the permissible max-
imum weight discharge may exceed tabular value if the concentration
of particulate matter in the effluent gas stream is less than 0.1
lb/1000 Ib of undiluted exhaust gas at actual conditions.
*** To determine intermediate values of maximum weight discharge:
for process weights up to 100,000 Ib/hr use E=0.024P°-665
for process weights in excess of 100,000 Ib/hr use E=39P°-082-50
where E=maximum weight discharge in Ib/hr; P=process weight in Ib/hr
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(51.4) PART 213 CONTAMINANT EMISSIONS FROM FERROUS JOBBING FOUNDRIES
(2.0) Section 213.1 Applicability
This Part shall apply to all ferrous jobbing foundry cupolas and ferrous
jobbing foundry open hearths in operation on or prior to the effective
date of this Part and to subsequent modifications but not to production
foundries or any new foundries.
(1.0) Section 213.2 Definitions
a. Foundry Cupola
A stack-type furnace used for melting of metals, consisting
of, but not limited to, furnace proper, tuyeres, fans Or
blowers, tapping spout, charging equipment, gas cleaning devices
and other auxiliaries.
,b. Foundry Open Hearth
A furnace in which the melting and refining of metal is
accomplished by the application of heat to a saucer type
or shallow hearth in an enclosed chamber. Such furnace con-
sists of, but is not limited to, the furnace proper, checkers,
. ' flues and stack and may include a waste heat boiler, an
oxygen lance and other auxiliaries pertinent to the process.
c. Jobbing Foundry
Any foundry where operations .run intermittently for just long
enough at one time to pour the molds that are ready on the
foundry floor, job by job.
d. Melt Time
The time in which the metal is melting and available at the
spout or tap hole, excluding any time the equipment is idle,
preheating or preparing for shut down.
e. . Production Foundry
Any foundry where operations will run .continuously to pour a
succession of molds that are constantly being prepared to
receive the continuous flow of iron, or any foundry where the
process Weight will exceed 50,000 Ib/hr, or any operation
where melt times are in excess of four hours per 24-hour period.
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(2.0) Section 213.3 Prohibition
After January 1, 1971, no person shall cause, permit or allow
the emission of air contaminants, which will exceed the limits
specified in table 1*, from any ferrous jobbing foundry cupola
or ferrous jobbing foundry open hearth in operation on or
prior to the effective date of this Part, this prohibition to
be applicable, also, to modifications made after the effective
date of this Part, to such a cupola or open hearth.
The Commissioner may modify the limits specified in table 1*,
if in view of the properties of the emissions, isolated con-
ditions, stack height and other factors, it can be clearly
demonstrated that discharge of the contaminant or contaminants
will not result in measurable or observable effects on recep-
tors, nor add to an existing or predictable atmospheric burden
of such contaminant or contaminants so that adverse effects
would reasonably be expected therefrom.
The provisions of this section shall not be construed to allow
or permit any person to emit air contaminants in quantities
which alone or in combination with other sources would con-
travene any established air quality standards. In such cases
.-the Commissioner may specify the degree of treatment required.
See Appendix 5
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(51.2) PART 214 BY-PRODUCT COKE OVEN BATTERIES
(6.0) Section' 214.1 Compliance Schedules
a. After October 31, 1972, no person shall operate a by-product
coke oven battery including auxiliary gas collecting and
heating systems unless the owner or operator has submitted
an environmental analysis report and compliance schedule for
acceptance by the Commissioner. Such reports shall include
emission data, pertinent environmental factors and a pro-
posed environmental rating to show conformity with Part 212.
In the event of rejection, the Department shall issue an
environmental rating and a compliance schedule for such source.
b. After May 31, 1974, no person shall operate a by-product coke
oven battery including auxiliary gas collecting and heating
systems unless it is in compliance with the schedule accepted
or issued by the Commissioner.
(2.0) Section 214.2 Control Equipment
After December 31, 1974, or such later date as determined by an order
of the Commissioner, no person shall operate a by-product coke oven
battery including auxiliary gas collecting and heating systems unless
such battery is equipped with control equipment, such as but not
limited to, hood(s) and/or gas mover(s) capable of capturing, contain-
ing and collecting gaseous and particulate emissions resulting from
distillation, charging and pushing of coke from such by-product coke
oven battery. Such control equipment shall contain, collect and/or
treat the captured and/or contained contaminants prior to discharge
to the outdoor atmosphere so as not to exceed the permissible emission
rate specified in Part 212.
(50.1.2) Section 214.3 Smoke Emissions
After December 31, 1974, or such later date as determined by an order
of the Commissioner, no person shall operate a by-product coke oven
battery which emits a smoke equal to Ringelmann #1 or 20% opacity.
Such'person who operates a by-product coke oven battery shall be allowed
an emission of smoke from the battery of greater than Ringelmann #1 or
20% opacity if such emission continues for a period or periods aggrega-
ting no more than three minutes of any consecutive 60 minute period.
(50.2) Section-214.4 Sulfur Compound Emissions
• ' . i
After December 31, 1974, no person shall operate any by-product coke
oven battery including auxiliary gas collecting and heating systems
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'in such a manner as to emit, burn or flare process gas containing
more than 50 grains of sulfur compounds (measured as hydrogen
sulfide) per 100 standard cubic feet of gas.
(2.0) Section 214.5 Corrective Action
If the smoke emission from an oven door exceeds the emission limit
under Section 214.3, the oven door shall be repaired or replaced and
oven cracks shall be sealed prior to the next coking cycle which
starts on the next daylight turn. Luted doors which leak smoke shall
be reluted immediately.
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(51.13) PART 215 OPEN FIRES
(1.0) Section 215.1 Definitions
a. Garbage
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of food.
b. Open Fire
Any outdoor fire or outdoor smoke producing process from
which air contaminants are emitted Directly into the outdoor
atmosphere.
c. Refuse
All waste material, including but not limited to, garbage, .
rubbish, incinerator residue, street sweepings, dead animals,
and offal. Refuse is classified in accordance with Table 1,
Appendix 2.
d. Refuse Disposal Area
Land used for depositing of refuse except that it shall not
include land used for depositing of refuse from a single
family, a member of which is the owner, occupant or lessee
of said land, or any part of a farm on which only animal or
vegetable wastes resulting from the operation of such farm
are deposited. This definition includes, but is not limited
to, those areas commonly referred to as landfills, sanitary
landfills, and dumps.
e. Rubbish
Solid or liquid waste material, including but not limited
to, paper and paper products; rags; trees, or leaves, needles
and branches therefrom; vines; lawn and garden debris; furni-
ture; cans; crockery; plastics; cartons; chemicals; paint;
grease; sludges; oils and other petroleum products; wood; saw-
. dust, demolition materials; tires; and automobiles and other
vehicles and parts, for junk, Selvage, or disposal. Rubbish
shall not include garbage, incinerator residue, street sweep-
ings, dead animals, or offal.
(2.0) Section 215.2 Prohibitions.
Except as permitted by Section 215.3, no person shall burn, cause, -
suffer, allow, or permit the burning in an open fire:
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a. of garbage;
b. . of refuse at a refuse disposal area;
c. of rubbish for salvage;
d. for on-site disposal, of rubbish generated by residential
activities in any city or village; or in any town with a total
town population, including incorporated or unincorporated
areas, of greater than 20,000;
e. for on-site disposal, of rubbish generated by industrial or
commercial activities other than agricultural; <
f. of rubbish generated by land clearing or demolition for the
erection of any structure; for the construction or modifica-
tion of any highway, railroad, power or communication line,
or pipeline; or for the development or modification of a
.recreational area or park;
g. of refuse during an air pollution episode, in an area for
which such air pollution episode has been designated.
(51.13) Section 215.3 Restricted Burning
Burning in an open fire, provided it is not contrary to other law,
will be permitted as follows:
a. Burning of land clearing and/or demolition material consisting
of wood, trees, tree trimmings, leaves, or brush, generated by
land clearing or demolition for the erection of any structure:
for the construction or modification of any highway, railroad,
pipeline, or power or communication line, or for the develop-
ment or modification of a recreational area or park; provided
that such burning is done on-site or at an appropriate
designated burning area and in accordance with a permit
issued by the Commissioner after written application. An
application for such permit shall include the reasons why
such burning should be permitted and such other information
as may be required by the Commissioner to insure that such
burning will be unlikely to result in contravention of air
quality standards or to cause air pollution. If the Commissioner
approves such application he will issue a permit which shall
be for a specified period and shall contain such conditions
as are deemed necessary to prevent air pollution and contra-
. vention of air quality standards. The permit may be revoked
by the Commissioner if there is: a failure to comply with its
conditions; a violation of law in connection with the burning;
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or the occurrence, or likely occurrence, of either air pol-
lution or contravention of air quality standards as a result
of the burning. Before revocation of a permit, the permittee
shall have the right to be heard; but where prompt action is
necessary because of danger to the public health or safety or
to prevent serious air pollution, the permit may be suspended
pending a hearing.
b. Burning at an appropriate designated burning area, serving a
county, city, town, or village, of yard wastes consisting of
trees, tree'trimmings, leaves, and brush; provided that such
burning is done in accordance with a permit issued by the
Commissioner after written application. An application for
such permit shall include the reasons why such burning should
be permitted and such other information as may be required by
the Commissioner to insure that such burning will be unlikely
to result in contravention of air quality standards or to
cause air pollution. If the Commissioner approves such appli-
cation he will issue a permit which shall be for a specified
period and shall contain such conditions as are deemed neces-
sary 'to prevent air pollution and contravention of air quality
standards. The permit may be revoked by the Commissioner if
there is: a failure to comply with its conditions; a violation
of law in connection with the burning; or the occurrence, or
likely-occurrence of either air pollution or contravention of
air quality standards. Before revocation of a permit, the
permittee shall have the right to be heard; but where prompt
action is necessary because of danger to the public health or
safety, or to prevent serious air pollution, the permit may be
suspended pending a hearing.
c. 'Burning, on-site, in areas of the State to be designated by
the Commissioner, of paper, paper products, cartons, tree
trimmings, leaves, or lawn and garden debris.
1. The Commissioner will consider whether to designate such
an area after petition by governing body of a county,
city, village, or town within which such area would be
located. Such petition shall include the geographical
boundaries, population density, and meteorological
characteristics of such area; the material to be burned;
proposed control methods; and reasons why burning in an
open fire should be allowed in such area.
2. Such designation, if made, shall be by rule or regulation
.•'adopted in accordance with Section 15 of the Environmen-
tal Conservation Law. In designating such an area, the
Commissioner will set forth any conditions deemed
appropriate. .
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3. The Commissioner shall, from time to time, review air
pollution safeguards in each designated area to de-
termine whether the designation should be rescinded.
Burning at an appropriate designated site of toxic, explosive,
or dangerous materials; provided that such burning is done
only in accordance with a permit which will be issued by the
Commissioner after written application if he determines that
there is no other safe or economical method of disposal.
Such permit will be for a specified period and shall contain
such conditions as are deemed necessary in the interest of
health or safety. Such permit may be revoked if there is:
a failure to comply with its conditions; a violation of law
in connection with the burning, or an apparent serious threat
to health or safety as a result of the burning. Before re-
vocation of a permit, the permittee shall have the right to
be heard; but where prompt action is necessary because of
danger to the public health or safety, or to prevent seribus
air pollution, the permit may be suspended pending a hearing.
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(50.1.2) PART 216 SMOKE
(1.0) Section 2V6.1 Definitions
a. Combustion Installation
A plant, equipment, or device in which fuel is burned for
the purpose of generating heat, steam or hot water.
b. Commissioner
The Commissioner of Health of the State of New York.
c. Control Equipment
A device or process which is used to reduce the emission
of smoke or gaseous or particulate contaminants.
d,. Fuel
Solid, liquid, or gaseous combustible materials used pri-
:'marily either to kindle or sustain fire or to produce heat,
including refuse to be consumed in refuse-burning equipment.
e. Ringelmann Chart
The chart published and described in the U.S. Bureau of Mines
Information Circular 7718, on which are illustrated graduated
shades of gray for use in estimating the light obscuring den-
sity of smoke.
f. Smoke
Small gas-borne particles, consisting essentially of black
'carbonaceous material from the burning of fuel, in sufficient
number to be observable.
(2.0) Section 216.2 Prohibition
a. No person shall operate any combustion installation which is
first put into operation after February 1, 1967, so as to
produce, emit or permit the escape of smoke regardless of
how produced or discharged, of a shade of gray density darker
than No. 1 on the Ringelmann Chart or equivalent standard,
except as permitted in Section 191.3.
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b. No person shall operate any combustion installation, which
was in operation on or before February 1, 1967, so as to pro-
duce, 'emit or permit the escape of smoke, regardless of how
produced or discharged, of a shade of gray density darker
than No. 2 of the Ringelmann Chart or equivalent standard
. except as. permitted in Section 191.3.
(2.0) Section 216.3 Exceptions
b.
c.
When building a new fire, tube blowing, or when a breakdown
of equipment occurs which makes it evident that the emission
was not reasonably preventable, smoke which is not greater
than No. 3 of the Ringelmann Chart or equivalent standard
may be emitted for a period or periods not exceeding three
minutes in any 30-minute period.
Special equipment to prevent frost damage may be used in
agricultural operations with the concurrence and approval of
•the full-time health officer.
Smoke may be emitted for purposes of training or research
when approved by the Commissioner.
(2.0)
Section 216.4 Abatement
a. The Commissioner may require the installation of smoke .
recording devices on any combustion installation where the
density of smoke emission has repeatedly exceeded the per-
: missible smoke density limits set forth in Section 191.2.
b. The Commissioner may require the installation of control
equipment or devices to control any equipment which causes
a violation of Section 191.2.
c. The Commissioner may order a change in the manner of operation
of any fuel-burning equipment or other combustion installation
which is operated so as to cause a violation of Section 191.2.
d. The Commissioner may order the cleaning, repair, replace-
ment or alteration of any fuel-burning equipment, combustion
-installation or control equipment which causes or is operated
so as to cause a violation of Section 191.2.
e. The Commissioner may seal any equipment which does not conform
to the requirements of Section 191.2. The seal mav be re-
moved from equipment only upon receipt of written notice from
the Commissioner stating that the equipment has been corrected
to his satisfaction and that it may be restored to use or
operation.
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(12.0) PART 217 'EMISSIONS FROM MOTOR VEHICLES PROPELLED BY GASOLINE ENGINES
(1.0) Section 217.1 Definitions
a. After-market replacement (when used in connection with motor
vehicle emission control devices or systems). A motor vehicle
emission control device or system other than a direct replace-
ment, installed as a substitute for the motor vehicle emission
control device or system originally installed at the factory.
b. Crankcase
The three-dimensional space within a motor vehicle engine which
is connected to the oil sump by internal passages through
which gases can flow.
c. Crankcase Emissions
Air contaminants emitted or which may be emitted to the outer
air through any opening in the engine crankcase.
'd. Direct Replacement (when used in connection with motor vehicle
emission control devices or systems).
A motor vehicle emission control device or system of the same
design and resulting in at least as great reduction in air
•contaminant emissions as original equipment, and which is in-
stalled as a replacement for the motor vehicle emission con-
trol device or system originally installed at the factory.
e. Exhaust Emissions
Air contaminants emitted or which may be emitted to the outer
air from any opening downstream from .the exhaust ports of a
motor vehicle engine.
f. .Gasoline Motor Vehicle
A motor vehicle propelled by. a gasoline spark ignition engine,
except motorcycles, motor vehicles propelled by a two cycle
spark ignition engine designated to burn a mixture of gasoline
with oil, and special purpose commercial motor vehicles re-
gistered under Schedule. F of Subdivision 7 of Section 401 of
'the Vehicle and Traffic Law.
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, g. Gasoline Motor Vehicle Exhaust Analysis System
A device for measuring the amount of air contaminants in the
exhaust emissions from a gasoline motor vehicle. The device
shall be'a design and model approved by the Commissioner of
Environmental Conservation.
h. Light Duty Motor Vehicle
A motor vehicle rated at 6,000 pounds gross vehicle weight or
less.
i. Motor Vehicle
A vehicle which can travel on land and which is propelled by
means other than human or animal muscular power, except such
vehicles which run only on tracks or rails.
j. Motor Vehicle Emission Control Device or System
Equipment designed for installation of a motor vehicle for
the purpose of reducing air contaminant emissions, or a system
or engine modification on a motor vehicle which causes a re-
duction in air contaminant emissions from the vehicle.
k. Motor Vehicle Model Year
The production year of a new motor vehicle designated by the
calendar year in which such period ends. If the motor vehicle
manufacturer does not designate a production period, the motor
vehicle model year shall mean the calendar year during which
the motor vehicle was produced.
(12.0) Section 217.2 Crankcase Emissions
a. No person shall operate a gasoline motor vehicle registered
in this state, or shall re-register a gasoline motor vehicle
in this state, manufactured or assembled after June 30, 1963,
and known as a 1964, 1965, 1966, or 1967 model unless the
engine of that gasoline motor vehicle is equipped with a
motor vehicle emission control device or system which will
return at least 80% of weighted 7th decile crankcase emissions
. to the induction system.
b. No person shall operate a gasoline motor vehicle registered
in this state, or shall re-register a gasoline motor vehicle
in the state, manufactured or assembled after June 30, 1967,
and known as a 1968 or subsequent model unless the engine of
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that gasoline motor vehicle is equipped with a motor vehicle
emission control device or system which will return all the
crankcase emissions to the induction system as originally
required for certification by federal regulations.
c. No person shall replace a motor vehicle emission control de-
vice or system for control of crankcase emissions on a gaso-
line motor vehicle registered in this state with an aftermarket
replacement unless the aftermarket replacement has been
approved by the Commissioner.
d. No person shall sell or offer for sale an aftermarket re-
placement motor vehicle emission control device or system for
control of crankcase emissions unless the aftermarket replace-
ment has been approved by the Commissioner.
e. A manufacturer or vendor of a motor vehicle emission control
device or system for control of crankcase emissions who seeks
approval for aftermarket replacement sales shall submit to
. the Commissioner a report demonstrating compliance with the
requirements for controlling crankcase emissions. Where appli-
cable, previous criteria and test methods for approval of such
motor vehicle emission control devices or systems for after-
market replacement, in effect since September 13, 1963, shall
continue in effect with these requirements. If the Commissioner
finds the report acceptable, he shall issue a certificate of
approval.
(12.0) Section 217.3 Exhaust Emissions
a. No person shall operate a gasoline motor vehicle registered
in this state, or shall re-register a gasoline motor vehicle
in this state, manufactured or assembled after June 30, 1967,
and known as a 1968 or subsequent model unless the engine of
that gasoline motor vehicle is equipped with a motor vehicle
emission control device or system limiting exhaust emissions
as originally required for certification by federal regula-
tions or with an equivalent aftermarket device or system
approved by the Commissioner.
b. No person shall sell or offer for sale an aftermarket re-
placement motor vehicle emission control device or system for
control of exhaust emissions unless the aftermarket replace-
' ment has been approved by the Commissioner.
c. A manufacturer or vendor of a motor vehicle emission control
device or system for control of exhaust emissions who seeks
approval for aftermarket replacement sales shall submit to the
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Commissioner a report demonstrating compliance with the
federal exhaust emissions standards for the particular
model year and gasoline motor vehicle enqine-transmission-
carburetor (injector) combination for which such motor
vehicle emission control device or system is intended. The
report shall include results of tests using the appropriate
federal exhaust emission testing procedure by a laboratory
acceptable to the Commissioner. The Commissioner may, however,
request additional test data. If the Commissioner finds the
report acceptable, he shall issue a certificate of approval.
No person who owns, operates or leases a light duty gasoline
motor vehicle shall operate said vehicle or allow or permit
it to be operated in such a manner that it emits carbon
monoxide (CO) or hydrocarbons (HC) in the exhaust emissions
in excess of the emission standards set forth in Table 1,
when subjected to the test procedure prescribed in Subpara-
graphs (1) and (2).
1. With motor vehicle in neutral gear, all accessories off,
hand :brake secured, and engine running at idle, insert
sampling probe of gasoline motor vehicle exhaust
analysis system into the motor vehicle exhaust outlet.
2. • The steady state levels measured as percent carbon monoxide
and parts per million hydrocarbons (as hexane) in the
exhaust emissions shall be the test results.
TABLE 1
Exhaust Emission Standards
Motor Vehicle
Model Year
1967 and earlier
1968 and 1969
1970 and later :
Exhaust Emission
Control Type*
Effective
Immediately
Effective
January 1. 1974
C0(%) HC(PPM) C0(%) HC(PPM)
A.I.
E.M.
A.I.
E.M.
7.5
5.0
6.0
4.0
5.0
1200
600
700
450
700
6.5 1000
4.0
5.0
3.0
4.0
500
600
350
450
*A.I. indicates 'air injection type emission control systems.
E.M. indicates engine modification type emission control systems.
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(2.0) Section 217.4 Exemptions
a. Any person engaged in research or development of new or improved
motor vehicle emission control devices or systems may remove
or alter a state or federally approved device or system on a
gasoline motor vehicle upon receiving a waiver from the Com-
missioner. The Commissioner shall grant the waiver if the
applicant clearly demonstrates that the proposed device or
system is based upon sound scientific principles and shows
promise for reducing gasoline motor vehicle emissions.
(50.1.2) Section 217.5 Visible Emissions
No .person shall operate a gasoline motor vehicle on a public highway
in such a manner that visible emissions of a shade of blue, black or
blue-black are produced for a continuous period of more than five
seconds when the vehicle is in motion.
(12.0) Section 217.6 General Standards
In addition to all other requirements imposed by these standards, any
system or device installed on or incorporated in a motor vehicle or
motor vehicle engine to prevent or control air pollution therefrom
shall not in its operation or function:
a. Cause the emission into the ambient air of any noxious or toxic
matter that is not emitted in the operation of such motor
vehicle or motor vehicle engine without such system or device,
except as specifically permitted by these rules.
b. Result in any unsafe condition endangering persons or pro-
perty including the motor vehicle and its occupants.
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(12.0) PART 218 SMOKE EMISSIONS FROM DIESEL ENGINES
(50.1.2)
(2.0) Section 218.1 Applicability
This Part shall apply to all diesel engines, excluding marine diesels.
(2.0) Section 218.2 Prohibitions
a. No diesel engine operated in this State shall emit, for a
period of more than five seconds, smoke which will reduce
transmission of light by more than 20 percent, as determined
by a procedure acceptable to the Commissioner.
b. No diesel engine which provides motive power in a bus or truck
shall be allowed to idle more than three consecutive minutes
when the bus or truck is not in motion, except as permitted
by Section 193.3.
(2.0) Section, 218.3 Exceptions
a. When a vehicle is forced to remain motionless because of
• ' ' traffic conditions over which the operator has no control,
the prohibitions of Subdivision (b) of Section 193.2 shall
not apply.
b. When regulations adopted by Federal, State or local agencies
having jurisdiction require the maintenance of a specific tem-
perature for passenger comfort, the idling limit specified in
Subdivision (b) of Section 193.2 may be increased, but only
to the extent necessary to comply with such regulations.
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(51.9) PART 219 * INCINERATORS
(2.0) Section 219.1 Title
These rules shall be known as the New York State Rules to Prevent Air
Pollution from Incinerators.
(2.0) Section 219.2 Applicable Geographical Area
This Part shall apply to the entire State of New York.
Clt0) Section 219.3 Definitions
a. Incinerator.
Any structure or furnace in which combustion takes place and
type 0, 1, 2, 3, or 4 refuse is used as fuel, alone or in
conjunction with fossil fuel.
b. Refuse
All waste material, including but not limited to, garbage,
rubbish, incinerator residue, street cleanings, dead animals,
and offal. Refuse is classified in accordance with Table 1,
. Appendix 2.
c. Smoke
An air contaminant consisting of small gas-borne particles
emitted by an air contamination source in sufficient number
to be observable.
(51.9) Section 219.4 Emission Limits
a. AIT incinerators having a capacity of 2,000 Ib/hr or less and
built and installed after January 1, 1968, shall be designed,
built, installed and operated to meet the emission limits of
•figure 1*.
b. No incinerator larger than 2,000 Ib/hr capacity and built after
January 1, 1970, shall be operated so as to produce particulate
emissions which exceed the amount shown in figure 1*.
*See Appendix 3
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c. No incinerator having a capacity of 2,000 Ib/hr or less and
built or installed between April 1, 1962, and January 1, 1968,
shall be operated so as to produce particulate emissions which
exceed 0.5 Ib/hr for every 100 Ib/hr of refuse charged, unless
a final order by the Commissioner provides otherwise.
d. Any incinerator having a capacity of 2,000 Ib/hr or less and
built or installed prior to April 1, 1962, shall either meet
the requirements of 194.4(c) or shall be equipped with ade-
quate control devices or redesigned and rebuilt so as to meet
the requirements of 194.4(a) by January 1, 1969.
e. No incinerator larger than 2,000 Ib/hr capacity and built be-
tween April 1, 1962, and January 1, 1970, shall be operated
so as to produce particulate emissions which exceed 0.5 Ib/hr
for every 100 Ib/hr of refuse charged, unless a final order
by the Commissioner provides otherwise.
f. Any incinerator larger than 2,000 Ib/hr capacity and built
prior to April 1, 1962, shall either meet the requirements of
194.4(e) or shall be equipped with adequate control devices
or redesigned and rebuilt so as to meet the requirements of
194.4(b) by January 1, 1970.
(50.1.2) Section 219.5 Smoke Emissions
a. No incinerator, built or installed after January 26, 1967,
regardless of size, shall emit smoke of an opacity denser
than 20 percent or No. 1 of the Ringelmann Chart or equivalent,
under normal operating conditions.
b. No incinerator built or installed prior to January 26, 1967,
regardless of size, shall be operated so as to emit smoke of
an opacity denser than 40 percent or No. 2 of the Ringelmann
Chart or equivalent, under normal operating conditions.
j
(9.0) Section 219.6 Tests
a. All incinerators larger than 2,000 Ib/hr capacity shall be
tested using isokinetic sampling techniques in accordance
.with test procedures acceptable to the Commissioner.
b. All incinerators built or installed after January 1, 1968,
and having a capacity of 2,000 Ib/hr or less shall be tested
in accordance with special test procedures promulgated by the
commissioner. Units which are representative models may be
tested instead of an actual installation, in accordance with
special test procedures promulgated by the commissioner.
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(2.0) Section 219.7 Abatement
a. Where the Commissioner has reason to believe that an incin-
erator installation is violating the emission standards of
Section 194.4, he may have tests conducted. The owner shall
provide, at his expense, sampling holes and pertinent allied
facilities as needed, at the request of the Commissioner.
b. If such tests indicate a contravention of the emission limits,
the Commissioner may requrre the installation of appropriate
control equipment or he may seal the incinerator if such equip-
ment is not installed within the time limit specified by the
Commissioner.
c. The Commissioner may order the cleaning, repair, replacement
or alteration of any equipment or control equipment which
causes or is operated so as to cause a violation of this Part.
d. The Commissioner may order a change in the manner of operation
of any incinerator which is operated so as to cause a viola-
tion of this Part.
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(50.1
(51.3
PART 220-- PARTICULATE EMISSIONS FROM CEMENT AND LIGHTWEIGHT AGGREGATE
INDUSTRY PYROPROCESSES
(2.0) Section 220.1 Applicability
b.
This Part shall apply only to those pyroprocesses which were
in operation at cement and lightweight aggregate manufactur-
ing plants prior to the effective date of this Part and which,
in or prior to such date, had control equipment enabling them
to meet at least the emission standards prescribed in Table 1
of Section 195.3.
This Part shall not apply to those pyroprocesses which, on the
effective date of this Part, meet the emission standards of
Part 187.
c. The applicability of this Part shall terminate on January 1,
1981, and this Part shall not, thereafter, be of any force and
• effect with respect to any pyroprocess.
(50.1.1) Section 220.2
a. Process Weight
The total weight of all materials introduced into a process
which may cause air contaminant emissions to the outdoor at-
mosphere. Solid fuel used in a process is considered part
of the process weight, but liquid and/or gaseous fuel, uncom-
bined water and combustion air are not.
b. Process Weight per Hour
The total process weight divided by the number of hours in
one complete operation from the beginning of a cycle to the
completion thereof. For continuous processes, process weight
should be determined on a daily basis.
c. Pyroprocesses
. That part of cement and lightweight aggregate manufacturing
related to the preheating, calcining, sintering, burning and
cooling of clinker. Such processes include a means of
chemically changing the material processed and do not include
physical changes such as pearlite or shale expansion.
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(2.0) Section 220.3 Prohibitions
a. .No person shall cause, permit, or allow the emission of
particulates to the outer air from any pyroprocess which
exceeds the limits specified in Table 1.
b. After January 1, 1971, pyroprocesses covered by this Part
shall meet the emission standards of Part 187 in accordance
with a time schedule as shall be established by the Commis-
sioner, except that all pyroprocesses shall meet the
emission standards of Part 187 not later than January 1, 1981.
c. The provisions of this section shall not be construed to per-
mit the emission of air contaminants in quantities which
alone or in combination with other sources would contravene
the standards appliable under the provisions of Subchapter
C of Chapter IV of Title 10 of the Official Compilation of
Codes, Rules and Regulations of the State of New York.
TABLE I
Particulate Emissions From Cement and Lightweight
Aggregate Industry Pyroprocesses
Process WeightMaximum Emission Weight
(Ib/hr) (Ib/hr)
50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
450,000
94
134
164
190
212
233
252
268
284
(9.0) Section 220.4 Testing, Sampling and Records
a. When testing for the applicability of and compliance with this
Part is deemed necessary by the Commissioner, and the Com-
missioner requests such testing, the owner or operator must
permit the Commissioner to have such testing done. This testing
will be at the State's expense except as otherwise provided in
Subdivision (b) of this Section.
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b. Sampling holes and pertinent allied facilities as needed to
conduct tests required in Subdivision (a) of this Section
shall be requested inwriting by the Commissioner and shall
then be provided at the expense of the owner or operator
at such points as the Commissioner may request. If sampling
holes, 1n addition to those used for testing dust collection
equipment upon initial installation, are required, the cost
of providing such additional holes shall be at the State's
expense. The owner or operator shall provide, at his expense,
a suitable power source and other suitable utilities neces-
sary for the operation of sampling instruments. The Com-
missioner shall consult with the owner or operator with
respect to the location of sampling holes.
c. Operation and maintenance records acceptable to the Commis-
sioner shall be kept on file for a period of at least two
years by the owner or operator of collection equipment on
pyroprecesses. Such records shall be open to inspection by
the Commissioner and shall include the dates and periods of
time during which such collection equipment is inoperative
or malfunctioning.
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(51.3) PART 221 - ASBESTOS-CONTAINING SURFACE COATING MATERIALS
(2.0) Section 221.1 Applicability
This Part shall apply throughout the State of New York
(2.0) Section 221.2 Prohibition
No person shall engage in or allow surface coating by the spraying
of asbestos or asbestos-containing materials.
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(51.9) PART 222 - INCINERATORS - NEW YORK CITY, NASSAU AND WESTCHESTER COUNTIES
(2.0) Section 222.1 Applicability
This Part shall apply only to the City of New York and the counties
of Nassau and Westchester.
(50.1) Section 222.2 Participate Emissions
a. No person shall construct, install, use or cause to be
used any incinerator the particulate emissions of which
exceed the permissible particulate emission shown in Figure 1.
b. If two or more incinerators are connected to a single stack
the total refuse charged to all incinerators connected to
the same stack shall be the refuse charged for the purpose
of determining tyie permissible particulate emission.
c. If a single incinerator is connected to two or more stacks
the refuse charged to a single incinerator shall be the
. refuse charged for the purpose of determining the permissible
particulate emission.
(50.1.2) Section 222.3 Smoke Emissions
No person shall construct, install, use or cause to be used any in-
cinerator which emits smoke the shade or appearance of which is equal
to or greater than
a. Number 1 on the Ringelmann Chart, or equivalent standard
acceptable to the Commissioner, for a period of three (3)
or more minutes during any continuous sixty (60) minute
period, or
b. Number 2 on the Ringelmann Chart, or equivalent standard
acceptable to the Commissioner, for any time period.
(50.6) Section 222.4 Odorous Emissions
a. No person shall construct, install, use or cause to be used
any continuous fed incinerator unless the gas temperature
at the furnace outlet is designed to be automatically main-
tained and is automatically maintained at not less than
1400°F while the incinerator is in operation.
b. No person shall construct, install, use or cause to.be used
•any batch fed incinerator unless the gas temperature at the
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furnace outlet is designed to be automatically maintained
and is automatically maintained at not less than 1400°F
during ninety percent of the burning period.
c. Incinerators with a capacity of 2,000 Ibs/hr. or less of
refuse charged shall be equipped with a sensing device in-
dicating the gas temperature at the furnace outlet. Incin-
erators with a capacity of greater than 2,000 Ibs/hr. of
refuse charged shall be equipped with a sensing device and
recorder to measure and record the temperature at the fur-
nace outlet. A person who owns, operates, or maintains an
incinerator with a capacity greater than 2,000 Ibs/hr. of
refuse charged shall retain recorder chart temperature
records for a period of three years and shall make such
charts available for inspection by the Commissioner or his
representative during normal business hours.
d. Upon application, the Commissioner may modify the provisions
of this Section where the applicant can show to the satis-
fation of the Commissioner that the odorous emission from
his incinerator can be and is controlled with equivalent
effectiveness.
(51.9) Section 222.5 Representative Incinerator Models
In lieu of requiring a person who owns an incinerator, having a capa-
city of 2,000 Ibs/hr. or less of refuse charged, to conduct a stack
test and submit an acceptable emission test report, the Commissioner
may accept emission test reports, submitted by such person or his
authorized agent, of representative models which are geometrically
similar and .which demonstrate compliance with all sections of this
Part. Testing of representative models shall be conducted in
accordance with procedures established by the Commissioner.
(4.0) Section 222.6 Ambient Air Quality Standards
Notwithstanding the provisions of this Part, no person shall emit
air contaminants in quantities which alone or in combination with
emissions from other air contamination sources would contravene any
established ambient air quality standard and/or cause air pollution.
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FIGURE 1
. i.
PERMISSIBLE PARTICULATE EMISSIONS ' -—
FROM
MCIHERATORS
Ul
EC.
g
to
Ul
_J
O
ht
C£
2
I i
.LU...LLI;.!
!•: i ;!i I,!
:rv:r-~
...p.-,..-.-,..
-l-M-l-i-!
,'j_i _i i ! !i!
'••-. r'-iTyrn
i .-I".
......r
—(.....,-.. i
RETUSE CHARRED (LD/HR)
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(51.15) PART 2.23 - PETROLEUM REFINERIES
(50.2) Section 223:1 Sulfur Compound Emissions
After December 31, 1974, no person shall operate any exist-
ing emission source of a petroleum refinery so as to emit,
burn or flare process gas containing more than fifty (50)
grains of sulfur compounds (measured as hydrogen sulfide)
per hundred standard cubic feet of gas.
No person shall operate any new emission source in a petro-
leum refinery for which source an application for a Permit
to Construct is submitted to the Commissioner subsequent
to the effective date of this part, so as to emit, burn or
flare process gas containing more than fifty (50) grains
of sulfur compounds (measured as hydrogen sulfide) per hun-
dred standard cubic feet of gas.
(2.0) Section 223.2 Exceptions
a. Flaring of process gas where it is necessary to relieve
pressure systems during an operational upset.
b. . Start-up procedures whereby the adjustment of process streams
necessitates emergency flaring to relieve pressure.
c. Upon written application the Commissioner may exempt such
person from the provision of Section 223.1 when it is de-
termined that the emissions thus permitted will not cause
a contravention of established ambient air quality standards
or cause air pollution.
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(51.6) PART 225 - FUEL COMPOSITION AND USE-NEW YORK METROPOLITAN AREA
(2.0) Section 225.T Prohibitions
a. No person shall sell, offer for sale, purchase or use any
fuel which contains sulfur in a quantity exceeding the
following limitations:
1. pil with 0.75 percent sulfur by weight or coal with
0.60 pounds of sulfur per million BTU gross heat con-
tent, where such pil or coal is for use in any stationary
combustion installation with a rated total heat input in
excess of 250 million BTU per hour, for which installa-
tion an application for a permit to construct was received
by the Department or an application for a certificate of
environmental compatibility and public need was received
by the Public Service Commission after March 15, 1973,
and which installation is not located in New York City,
Nassau, Rockland or Westchester County. If two or
more furnaces are connected to a common air cleaning
device and/or common stack, the total heat input for
such stationary combustion installation shall be the
sum of the total heat input of all furnaces which are
. : operated simultaneously and connected to the common air
cleaning device and/or common stack.
2. gaseous fuel with 50 grains of sulfur compounds (expressed
.as hydrogen sulfide) per 100 dry standard cubic feet of
gas.
3. as otherwise specified in Table 1.
b. No person who changes from the use of fuel oil or gas to coal
in his air contamination source shall purchase for or use in
such source, coal with a sulfur content (in pounds per mil-
lion BTU) .which is in excess of the product of 0.55 times
the maximum sulfur content for oil (in percent by weight)
permitted by this Part for such source.
(2.0) Section 225.2 Special Limitations Contingent Upon Air Quality
a. Special limitations promulgated pursuant to this section
shall not apply to fossil fuel-fired steam generators which
are subject to Title 40, Part 60, Subpart D of the Code of
Federal Regulations (Standards of Performance for New
Stationary Sources).
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b. The Commissioner may promulgate special limitations that
permit the sale, offering for sale, purchase and use of
oil with a sulfur content not to exceed 3.0 percent by
weight and/or solid fuel with a sulfur content not to exceed
2.8. pounds per million BTU gross heat content for air con-
tamination sources which do not have a rated total heat in-
put in excess of 250 million BTU per hour in an area where
all applicable ambient air quality standards for sulfur diox-
ide are being met and where the Commissioner has determined
that the use of such fuel in all air contamination sources
in such area would not contribute to the contravention of
such standards nor significantly degrade air quality. Such
promulgation shall be filed with the Secretary of State.
c. The Commissioner may promulgate special limitations that
permit the sale, offering for sale and purchase of oil with
a sulfur content not to exceed 3.0 percent by weight and/or
solid fuel with a sulfur content not to exceed 2.8 pounds
per million BTU gross heat content and the use of such fuel
in an air contamination source with a rated total heat in-
put in excess of 250 million BTU per hour where the owner
of such source shows to the Commissioner's satisfaction,
by acceptable diffusion analysis, that such use would not
contribute to the contravention of any applicable federal
ambient air quality standard nor significantly degrade air
quality. Such promulgation shall be filed with the Secretary
of State. The Commissioner may require further conditions
'oh such special limitations, including but not limited to
the following:
1. Maintenance of a continuous monitoring network for sul-
fur compounds (expressed as sulfur dioxide) surround-
ing the source, which network is acceptable to the
: Commissioner.
2.: Employment of a system for prompt switching to fuel
• with a sulfur content specified by the Commissioner
when continuous monitoring indicates that State ambient
air quality standards may, in the opinion of the Com-
missioner, otherwise be exceeded.
(2.0) Section 225.3 Exceptions Contingent Upon Fuel Shortage
a. .Upon application by an air contamination source owner or
a fuel supplier, or upon his own initiative, the Commissioner
may, by order, except persons from the provisions of this
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Part, for periods not exceeding one year, where it is shown
to the Commissioner's satisfaction that there is an in-
Sufficient supply of conforming fuel
1. of the proper type required for use in a particular air
contamination source, or
2. generally throughout an area of the State.
Insufficiency of the supply of fuel must be certified by the
Chairman of the Public Service Commission.
The Commissioner may, prior to certification of shortage
by the Chairman of the Public Service Commission and prior
to the public hearing provided by Section 225.4, by order,
except from the provisions of this Part, for a period not
exceeding 45 days.
..!.. a person who submits an affidavit stating that there is
an insufficient supply of conforming fuel of the proper
type required for use in such person's air contamination
source, or
2. persons in a specified area of the State where the Com-
missioner has evidence that there is an insufficient
supply of fuel generally throughout such area.
When the Commissioner determines that a delay in issuing
such exception would be detrimental to the public health
or welfare. Where such exception is granted, the notice
of public hearing provided by Section 225.4 shall be pub-
lished within three days of the issuance of such exception,
and such hearing shall be held in accordance with the pro-
'visions of applicable federal regulations.*
(16.0) Section 225.4 Public Hearings
a. The Commissioner will hold a public hearing, in accordance
with the provisions of Section 51.4 of Title 40 of the Code
of Federal Regulations, for each special limitation and
exception pursuant to Sections 225.2 and 225.3.
b. For hearings on exceptions, the applicant shall publish
notice of such hearing, in such form as the Commissioner
shall determine, in a newspaper of general circulation in
*Section 5TT4 of Title 40 of the Code of Federal Regulations
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the affected area for which such exception is sought and
shall bear the cost of publication. The cost of the trans-
cript of such hearing and the rental of space in which such
hearing is conducted shall be paid for by the applicant.
(2.0) Section 225.5 General Exceptions
a. Fuel mixtures:
1. Fuels with a sulfur content in excess of that permitted
by this Part may be sold, offered for sale, purchased
and used when it can be demonstrated, to the Commissioner's
satisfaction, that the resulting maximum and three-
month average emission of sulfur compounds (expressed
as sulfur dioxide) to the outdoor atmpsphere would not
exceed the product of the total heat input multiplied
by the allowable rate of sulfur dioxide emission(s) cal-
culated according to the following equation:
2YA + 2 ZB
'Where: S = Allowable rate of sulfur dioxide emission
(in pounds per million BTU).
Y = Percent of total heat input from liquid
fossil fuel.
Z = Percent of total heat input from solid fossil
fuel.
A = Sulfur content of oil in percent by weight
permitted by this Part multiplied by 0.55.
B = The sulfur content of coal in pounds of
sulfur per million BTU permitted by this Part.
2. No exception pursuant to this Subdivision shall be granted
for coal and fuel oil burned with process gas, such as
blast furnace, coke oven or petroleum refinery gas.
b. Equivalent emission rate:
In the following cases, the Commissioner may, by order,
except from the fuel sulfur content restrictions imposed
by this Part a person establishing to the Commissioner's
satisfaction that the fuel use thus permitted would not
result in the emission of sulfur compounds (expressed as
sulfur dioxide) to the outdoor atmosphere at a rate greater
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than would result through the use of fuels otherwise
mandated:
1. where fuel would be used as a process constituent, or
2. where approved contol equipment is installed, or
3. where a sufficient portion of the sulfur in the fuel
would be retained in the ash.
c. Experiments:
Upon application, the Commissioner may, by order, permit the
sale, offering for sale, purchase and use of fuel having a
sulfur content in excess of the limits imposed by this Part,
where such fuel would be used to demonstrate the performance
of experimental equipment and/or process(es) for removal
of sulfur compounds from stack emissions.
d. Coal and coke:
Until June 30, 1975, in the City of New York and the Counties
of Nassau, Rockalnd, Suffolk and Westchester, for those
installations where coal or coke has been the regular fuel
continuously since December 31, 1967, the Commissioner will
permit the sale and the continued, but not increased, pur-
chase and use of such fuel, upon application, irrespective
of the sulfur content of such fuel.
(9.0) Section 225.6 Emission and Fuel Monitoring
a. The provisions of this section shall apply to the owners
of. the following stationary combustion installations with
a rated total heat input in excess of 250 million BTU per
hour, except where gaseous fuel is the only fuel burned
in such installation or where representative sampling and
sulur analyses of fuel used in such installation are con-
ducted daily in a manner approved by the Commissioner:
1. any such installation when so requested by the Commissioner.
2. installations for which an application for a permit to con-
struct was received by the Department or an application
for a certificate of environmental compatibility and
- public need was received by the Public Service Commission
• after March 15, 1973.
b. Such owner shall install at each stack, and operate in
accordance with manufacturer's instructions, instruments
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approved by the Commissioner for continuously monitoring
and recording sufur compound emissions (expressed as sulfur
dioxide) from such installation at all times that the com-
bustion installation is in service.
c. Such owner shall measure the rate of each fuel burned daily
and shall determine, at least once per week, the gross heat
content and ash content of each fuel burned. In the case
of combustion installations producing electricity for sale,
the average electrical output and the minimum and maximum
hourly generation rate shall also be measured.
d. Such owner shall record and maintain a file of such measure-
ments and operating data as may be required by the Com-
missioner, and shall tabulate and summarize such measure-
ments and operating data in a format acceptable to the Com-
missioner. Such persons shall retain records and summaries
for at least three years and, upon request of the Commissioner,
shall furnish such records and summaries.
(13.0) Section 225.7 Reports, Sampling and Analysis
(9.0)
a. The Gommisioner may require an owner of an air contamination
source to retain for up to three years, and to submit to
him, fuel analyses, information on the quantity of fuel
received, burned or sold, and results of stack sampling,
stack monitoring and other procedures to ensure compliance
with the provisions of this Part.
b. Persons selling fuels shall maintain and retain, for three
years, records of quantities and fuel analyses for all fuel
received by them and records of fuel buyers, quantities sold
and fuel analyses for all coal and oil sold, and shall
make these records available for inspection by the Commissioner,
or his representative, during normal business hours.
c. 'Sampling, compositing and analysis of fuel samples shall be
carried out in accordance with the most recent applicable ASTM
standards or other methods acceptable to the Commissioner.
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TABLE I
PART 225
MAXIMUM PERMITTED SULFUR CONTENT EXPRESSED IN PERCENT BY WEIGHT FOR OIL
AND POUNDS PER MILLION 8TU GROSS HEAT CONTENT FOR SOLID FUEL
Effective Date
As of Effective
Date of this Part
October I, 1974
October 1, 1975
New York City
Oil
0.30
0.20 Distillate
Solid
Fuel
0.20
Nassau, Rock land
& Westchester
• Counties
Oil
0.37
Solid
Fuel
0.20
Suffolk County
towns of Babylon,
Brookhaven, Huntington,
Isltp & Smith town
Oil
1.0
Solid
Fuel
0.6
Erie & Niagara
Counties
Oil
2.2
1.1
Solid Fuel
2.8 Maximum
2.0 Average*
1.7 Maximum
1 .4 Average*
Rest of State
Oil
2.0
Solid Fuel
2.5 Maximum
1.9 Average*
-
* Averages shall be computed for each stationary air contamination source or emission source by dividing the total sulfur content by the
total gross heat content of all solid fuel received during any consecutive three-month period.
NOTE: Certain Installations rated at more than 250 million BTU per hour are restricted to use of 0.75 percent oil and 0.60 pound per
million BTU coal. See 225.1 (a)(l).
-------
(51.6) PART 226 - FUEL COMPOSITION AND USE - STATIONARY AIR CONTAMINATION
. 'SOURCES
(2.0) Section 226.1 Applicability.
This part shall apply to all areas of New York State except
the New York City Metropolitan Area, consisting of the. five counties
within the City of New York, as well as the counties of Nassau,
Suffolk, Rockland and Westchester.
(2.0) Section 226.2 Prohibitions.
a. No person shall sell, offer for sale, purchase for use in or
use in any stationary air contamination source, fuel oil
containing more than 1.65 pounds of sulfur per million BTU
gross heat content.
b. No person shall sell, offer for sale, purchase for use or
use in any stationary air contamination source, coal having a
sulfur content exceeding 2.8 pounds per million BTU gross heat
content, provided that the total sulfur content divided by
the total gross heat content of all coal received during any
• . three consecutive month period for use in any stationary air
contamination source shall not exceed 2.0 pounds per million
BTU gross heat content.
c. .After December 31, 1973, no person shall sell, offer for sale,
purchase for use in or in any stationary air contamination
source, fuel oil containing more than 1.1 pounds of sulfur
per million BTU gross heat content.
d. After December 31, 1973, no person shall sell, offer for sal*,
purchase for use in or use in any stationary air contamination
source, coal containing more than 1.35 pounds of sulfur per
million BTU gross heat content.
e. After December 31, 1973, and until October 1, 1975, when the
prohibitions of Part 230 become applicable, no person shall
sell, offer for sale, purchase for use in or use in any
stationary air contamination source located in Erie and
Niagara Counties, fuel oil containing more than 1.2 pounds
;of sulfur per million BTU gross heat content.
f. .After December 31, 1973, and until October 1, 1974, when the
prohibitions of Part 230 become applicable, no person shall sell,
offer for sale, purchase for use in or use in any stationary
air contamination source located in Erie and Niagara Counties,
coal having a sulfur content exceeding 2.8 pounds per million
BTU gross heat content, provided that the total sulfur content
divided by the total gross heat content of all coal received
during any three consecutive month period for use in any
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h.
stationary air contamination source shall not exceed 2.0
pounds per million BTU gross heat content.
No person shall use in any stationary combustion installation
rated at more than 250 million BTU per hour total heat input
which was constructed or modified so as to increase the
amount of sulfur compounds emitted to the outdoor atmosphere
and for which a permit to construct has been submitted sub-
sequent to the effective date of this Part, fuel oil having
a sulfur content of more than 0.40 pounds of sulfur per
million BTU gross heat content or coal having a sulfur
content of more than 0.60 pounds of sulfur per million BTU
gross heat content. If two or more furnaces are connected
to a common air cleaning device and/or common stack, the total
heat input for such stationary combustion installation shall
be the sum of the total heat input of all furnaces operated
simultaneously which are connected to the common air cleaning
device and/or common stack.
No person shall change from fuel oil to coal in such a way that
the amount of sulfur compounds emitted from his air contamination
.source to the outdoor atmosphere will be increased.
(2.0) Section 226.3 Exceptions.
Fuels with a sulfur content in excess of that permitted by
.Section 226.2 may be sold, offered for sale, purchased and
.used when it can be demonstrated to the Commissioner's
satisfaction that the resulting emission of sulfur compounds
(expressed as sulfur dioxide) to the outdoor atmosphere does
not exceed the rate(s) as calculated using the following
equation:
S =
2YA + 2ZB
Y + Z
Where:
S = Allowable rate of sulfur dioxide emission (expressed
in pounds per million BTU).
Y = Percent of total heat input from liquid fossil fuel.
Z = Percent of total heat input from solid fossil fuel.
A = Allowable sulfur content in pounds of sulfur per
million BTU provided by Section 226.2 for oil.
B = Allowable sulfur content in pounds of sulfur per
million BTU provided by Section 226.2 for coal.
Upon application, the Commissioner shall permit a person to sell,
offer for sale, purchase for use or use fuels with a sulfur
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content in excess of that specified in 226.2 provided that such
person demonstrates that by other means the emission rates of
sulfur compounds (expressed as sulfur dioxide) will not be
greater than would be obtained through the use of fuels otherwise
mandated.
c. Upon application, the Commissioner may except from the provisions
of Section 226.2 a person who can demonstrate to the Commissioner's
satisfaction that there is an insufficient supply of fuel. In
each case, the insufficiency of the supply of fuel must be
certified by the Chairman of the Public Service Commission.
d. Upon application, the Commission may permit the sale, offer for
sale, purchase and use of fuel having a sulfur content in excess
of that specified in Section 226.2 provided such fuel is
used to demonstrate the performance of experimental equipment
and/or process for removal of sulfur compounds from stack
emissions.
e. Except as required by Section 226.2(g), substitution of coal for
.fuel oil or gas is permissible only if the total sulfur content
divided by the total gross heat content of all coal received
during any consecutive three-month period does not exceed 1.1
pounds per million BTU gross heat content.
f. Coal having a sulfur content not exceeding 2.5 pounds per million
BTU gross heat content may be sold, offered for sale, purchased
for use in or used in any stationary air contaminotion source
provided that the total sulfur content divided by the total
gross heat content of all coal received d'jring any three
consecutive month period for use in any stationary air contamina-
tion source does not exceed 1.85 pounds per million BTU gross
heat content.
(13.0) Section 226.4 Reports, Sampling and Analysis.
(9-°' a. Upon the request of the Commissioner, any person buying coal or
fuel oil shall obtain and retain for three years, records of
fuel analyses, monthly quantity of fuel received or burned, and
. results of stack sampling or stack monitoring, or other test
procedures intended to verify compliance with this Part. Such
person shall furnish the Commissioner with such records upon
request.
b. Any. person selling coal or fuel oil shall retain for one year a
-record of the identity of each buyer, quantity and sulfur
content of such fuels, and upon the request of the Commissioner,
shall furnish him with such records.
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c. Sampling, compositing and analysis of coal and fuel oil shall
be carried out in accordance with the most recent applicable
ASTM standard methods or equivalent methods acceptable to
the Commissioner.
d. Commencing June 30, 1973, and semi-annually thereafter all
major fuel distributors must submit to the Commissioner a
report on the progress in carrying out the provisions of this
regulation.
(9.0) Section 226.5 Emission and Fuel Monitoring.
a. Effective July 1, 1973, any pnrson who owns a stationary combus-
tion installation rated at mere than 250 million BTU per hour
input and which burns coal and/or fuel oil shall install at
each stack and operate in accordance with manufacturer's
instructions, and instrument approved by the Commissioner,
for continuously monitoring and recording sulfur dioxide
emissions.
b. Any person required under this section to monitor stack emissions
shall measure the rate of each fuel burned daily and shall
determine at least once per week the gross heating value and ash
content of each fuel burned. In the case of combustion
installations producing electricity for sale, the average
electrical output and the minimum and maximum hourly generation
rate shall also be measured.
c. Any person subject to the provisions of this section shall record
• ; . and maintain a file of all measurements required by this Section
and shall tabulate and summarize such measurements in a format
acceptable to the Commissioner. Such person shall retain records
and summaries for at least three years and, upon the request of
the Commissioner, shall furnish him with such records and
summaries.
d. Upon application, the Commissioner may exempt in whole or in part
from the stack monitoring requirements of this section any source
owner who conducts fuel sampling daily in accordance with
Section 226.4(c).
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(51.5) PART 227 - STATIONARY COMBUSTION INSTALLATIONS
51.7
(51.5) Section 227,1 Bituminous Coal
No person shall construct, install or modify, or cause to be constructed,
installed or modified, within New York State, any stationary combustion
installation designed to burn bituminous coal, hand fired.
(50.1) Section 227.2 Particulate Emissions
a. Except as required under Section 227.2b, no person shall cause,
permit, or allow to be emitted into the outdoor atmosphere
from any stationary combustion installation burning coal and/
or wood, particulates in excess of the permissible emission
rates specified in Table 1. The total heat input under nor-
mal operating conditions shall be used to determine the per-
missible emission rate. If two or more furnaces are connected
to a common air cleaning device and/or stack, the total heat
input of all furnaces connected to the device and/or stack
shall be the heat input for the purpose of computing the per-
missible emission rate. If two or more furnaces having indi-
vidual air cleaning devices are connected to a single stack,
the permissible emission rate shall be the sum of the per-
missible emission rate from each furnace.
b. .No. person shall cause, permit, or allow a two hour average
emission into the outdoor atmosphere of particulates in
excess of 0.10 pound per million BTU heat input from:
1.- any oil fires stationary combustion installation, or
2. any coal fires stationary combustion installation of more
than 250 million BTU per hour total heat input for which
an application for a Permit to Construct is submitted
subsequent to the effective date of this Part.
c. Upon written application, the Commissioner may exempt a person
from the provisions of this section, when in view of the pro-
perties of the emissions, isolated conditions, stack height
•and other factors, it is clearly demonstrated that the emission
thus permitted will not cause a contravention of established
ambient air quality standards.
(50.1.2) Section 227^3 Smoke Emissions
a. No., person shall construct, install, use or cause to be used
a'stationary combustion installation which emits smoke the
shade or appearance of which is equal to or greater than
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1. Number 1 on the Ringelmann Chart, or twenty (20) percent
Opacity, for a period of three (3) or more minutes during
any continuous sixty (60) minute period, or
2. .Number 2 on the Ringelmann Chart for forty (40) percent
opacity, for any time period.
b. Startup and emergency emissions in excess of those allowed
under Section 227.3(a) may be excepted by the Commissioner
upon demonstration by the source owner that such excessive
emissions were not preventable.
(50.3) Section 227.4 Nitrogen Oxides
No person shall cause or allow to be emitted to the outdoor atmosphere
from any stationary combustion installation of more than 250 million
BTU per hour total heat input which was:
a. constructed or
b. modified so as to increase the amount of air contaminants
emitted and for which a permit to construct has been submitted
subsequent to the effective date of this Part, more than:
1. 0.70 pound per million BTU heat input for a maximum 2-hour
average when solid fuel is burned.
2. 0.30 pound per million BTU heat input for a maximum 2-hour
average when fuel oil is burned.
3. 0.20 pound per million BTU heat input for a maximum 2-hour
average when gaseous fuel is burned.
(9.0) Section 227.5 .Stack Monitoring
a. Any person who owns a stationary combustion installation of
more than 250 million BTU per hour total heat input shall in-
stall and operate in accordance with manufacturer's instruc-
tions, instruments, approved by the Commissioner, for con-
tinuously monitoring and recording smoke from such installa-
tions at all times that the combustion installation is in
service. Where gas is the only fuel burned, monitoring and
recording of smoke is not required.
b. Any person required to control nitrogen oxides in accordance
with Section 227.4 shall install and operate in accordance
with manufacturer's instructions, instruments approved by
the Commissioner for continuously monitoring and recording
nitrogen oxides from such installations at all time's that the
stationary combustion installation is in service.
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c. Any person required under this section to monitor stack emis-
sion shall determine the average rate of each fuel burned
daily and shall determine at least once per week, the gross
heating value and ash content of each fuel burned. In the
case of combustion installations producing electricity for
sale, the average electrical output and the minimum and
! maximum hourly generation rate shall also be measured.
d. Any person subject to the provisions of this section shall
record and maintain a file of such measurements and operat-
ing data, as may be required by the Commissioner, and shall
tabulate and summarize such measurements and operating data
in a format acceptable to the Commissioner. Such person
shall retain records and summaries for at least three years,
and upon request of the Commissioner shall furnish such re-
cords and summaries.
(2.0) Section 227.6 Fuel Mixtures
When two or more different fuels are burned simultaneously in a single
furnace of a stationary combustion installation, the permissible
emission rate shall be the sum of the permissible emission rate for
each fuel multiplied by BTU input derived from that fuel.
(2.0) Section 227.7 Corrective Action
a. Any person found to have violated any provision of this Part
shall not cause, permit or allow operation of the stationary
combustion installation involved in the violation unless
1. it is equipped with approved emission control equipment or
2. it is rehabilitated or upgraded in an approved manner or
3. the fuel is changed to an acceptable type.
b. The Commissioner may seal such stationary combustion installa-
tion so as to prevent any operation if the conditions of
subdivision 1, 2 and 3 of paragraph 227.7a are not met within
the time provided by the order of final determination issued
in the case of the violation.
c. No person shall cause, permit or allow operation of any
stationary combustion installation sealed by the Commissioner
in accordance with this section.
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d. No person except the Commissioner or his representative shall
remove, tamper with or destroy any seal affixed to any
i- stationary combustion installation in accordance with this
section.
(2.0) Section 227.8 General
a. Emission Data
Any person who owns or operates a stationary combustion in-
stallation described in Section 227.2 and 227.4 shall provide
pertinent data concerning emission, when so requested by the
Commissioner.
b. Test Methods
Sampling, compositing, and analysis of fuel samples shall be
carried out in accordance with the most recent ASTM standard
methods or equivalent methods acceptable to the Commissioner.
(4.0) Section 227.:9 Ambient Air Quality Standards
Notwithstanding the provisions of this Part, no person shall emit air
contaminants in quantities which, alone or in combination with emissions
from other sources, would contravene any established standard for the
quality of the ambient air, or would cause air pollution.
(1.0) Section 227.10 Definitions
a. "Opacity" means the degree to which emissions ether than con-
densed water reduce the transmission of light and obscrue the
view of an object in the background.
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TABLE I
Permissible Emission Rates for Stationary
Combustion Installations Burning Solid Fuel
Total Heat. Input Permissible Emission Rate**
(million BTU/hr) (ID/million BTU)
*
1 to 10
20
30
40
50
60
70
80
90
100
200
300
400
500
600
700
800
900
1 ,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000
0.600
0.550
0.500
0.450
0.440
0.420
0.400
0.390
0.380
0.370
0.320
0.290
0.275.
0.262
0.252
0.242
0.236
0.230
0.225
0.193
0.177
0.166
0.158
0.152
0.147
0.142
0.139
0.136
*(a) Installations having a total heat input less than one million BTU/hr
are exempted.
**(b) Total ..;heat input between 10-10,000 million BTU/hr:
use E = .02/p^19 to determine the permissible emission rate where
E = permissible emission rate in Ib/million BTU
P = total heat input in million BTU/hr
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(c) Individual combustion installations with a total heat
input equal to or less than 300 million BTU/hr and in
operating prior to June 1, 1972, may exceed the values
In Table I provided they meet the following criteria:
1. Spreader stokers - Permissible emission rate shall
not exceed 0.60 Ib/million BTU input.
2.
Total Heat Input Permissible Emission Rate
(million BTU/hr) (Ib/million BTU)***
1 - 100 0.60
200 0.45
300 0.30
***Calculate intermediate values by linear interpretation.
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(51.6) PART 230 - FUEL COMPOSITION AND USE - NIAGARA FRONTIER
(2.0) Section 230.1 Applicability
This Part shall apply only to Erie and Niagara counties.
(2.0) Section 230.2 Prohibitions
a. After October 1, 1974, no person shall sell, offer for sale,
purchase for use in, or use in any stationary combustion in-
stallation, process or incinerator coal having a sulfur content
exceeding 1.7 pounds per million BTU gross heat content provided
that the weighted average for all coal received by a purchaser
during a three month period does not exceed 1.4 pounds sulfur
per million BTU gross heat content.
b. After October 1, 1974, no person shall sell, offer for sale,
purchase for use in, or use in any stationary combustion
installation, process or incinerator fuel oil having a sulfur
content exceeding 0.60 pounds per million BTU gross heat con-
tent.
(2.0) Section 230.3 Exceptions
a. Upon application, the Commisioner may permit the sale, offer
for sale, purchase or use of fuels with sulfur content in
excess of that specified in Section 230.2, where approved
control equipment is installed which limits the emission rate
of s.ulfur compounds (expressed as sulfur dioxide) to a level
less than or equivalent to that which would obtain through
the use of fuels otherwise mandated.
b. Upon application, the Commissioner may permit the sale, offer
for sale, purchase and use of fuel having a sulfur content
in excess of that specified in Section 230.2, provided such
fuel is used to demonstrate the performance of experimental
equipment and/or processes for removal of sulfur compounds
from stack emissions. .
• i
c. Upon application, the Commissioner may exempt a person from
the provisions of Section 230.2 in a stationary combustion
installation, process or incinerator where a substantial
portion of the sulfur content of the fuel is retained in the
ash and not emitted to the outdoor atmosphere, provided that
.'the emission rate of sulfur compounds (expressed as sulfur
dioxide) will not exceed an emission level which would obtain
through the use of fuels otherwise mandated.
d. Upon application, the Commissioner may exempt a person from
the provisions of Section 230.2, where the applicant can show
to the satisfaction of .the Commissioner, that there is an
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insufficient supply of fuel suitable for a stationary com-
bustion installation, process or incinerator in operation
prior to January 1, 1973, and that the emissions from such
stationary combustion installation, process or incinerator
will not tend to cause an ambient air quality standard to
be exceeded.
(6.0) Section 230.4 Compliance
a. The Commissioner may require submission of fuel analyses,
information on the monthly quantity of fuel received or
burned and/or results of stack sampling and other procedures
to ensure compliance with the provisions of this Part, and
no person shall fail to submit such when requested to do so
by the Commissioner.
b. Persons selling fuels shall maintain records of fuel buyers,
quantities sold and fuel analyses for sales of all coal and
fuel oil and shall make these records available for inspection
by the Commissioner or his representative during normal
business hours.
c. Sampling, compositing and analysis of fuel samples shall be
carried out in accordance with the most recent ASTM standard
methods or equivalent methods acceptable to the Commissioner.
(4.0) Section 230.5 Ambient Air Quality Standards
Notwithstanding the provisions of this Part, no person shall emit air
contaminants in quantities which alone or in combination with emissions
from other sources would contravene any established ambient air
quality standard or cause air pollution.
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FEDERALLY PROMULGATED
REGULATIONS
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(6.0) 52.1677 Compliance Schedules
d. Federal Compliance Schedules
1. The owner or operator of any boiler or furnace of more
than 250 million BTU per hour heat input subject to the
requirements of section 225.3(c) of subchapter A,
chapter III, title 6 of New York State's official com-
pilation of codes, rules, and regulations shall notify
the Administrator, no later than October 1, 1973, of
his intent to utilize either low-sulfur or stack gas
' desulfurization to meet the requirements of said regu-
lation.
2. Any owner or operator of a stationary source subject
to paragraph (d) (1) of this section who elects low-
sulfur fuel shall be subject to the following compliance
schedule:
'•'. (i) November 1, 1973 - Submit to the Administrator a
projection of the amount of fuel, by types, that
will be substantially adequate to enable compli-
ance with section 225.3(c) of the codes, rules,
and regulations cited in paragraph (d) (1) of this
section on June 30, 1975, and October 1, 1975,
respectively, and for at least one year thereafter.
(ii) December 31, 1973 - Sign contracts with fuel sup-
pliers for fuel requirements as projected above.
(iii) January 31, 1974 - Submit a statement as to whether
boiler modifications will be required. If modifi-
cations will be required, submit plans for such
modifications.
(iv) March 15, 1974 - Let contracts for necessary boiler
modifications, if applicable.
! (v) June 15, 1974 - Initiate onsite modifications, if
applicable.
(vi) February 28, 1975 - Complete onsite modifications,
if applicable.
(vii) June 30, 1975 -. Final compliance with the low-sulfur
fuel requirements of section 225.3 (c) of subchapter
A, chapter III, title 6 of New York State's official
compilation of codes, rules, and regulations.
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b. October 1, 1975 - Final compliance with the low-
sulfur fuel requirements of subchapter A, chapter
III, title 6 of New York State's official compila-
tion of codes, rules, and regulations.
3. Any owner or operator of a stationary source subject to
subparagraph (1) of this paragraph who elects to uti-
lize stack gas desulfurization shall be subject to the
following compliance schedule:
(i) November 1, 1973 - Let Necessary contracts for con-
struction.
(ii) March 31, 1974 - Initiate onsite construction.
(iii) February 28, 1975 - complete onsite construction.
(iv) (a) June 30, 1975 - Final compliance with the re-
quirements of section 225.3 (c) of subchapter
A, chapter III, title 6 of New York State's
official compilation of codes, rules, and re-
gulations.
(b) October 1, 1975 - Final compliance with the
requirements of subchapter A, title 6 of New
York State's official compilation of codes,
rules, and regulations.
(v) If a performance test is necessary for a determina-
tion as to whether compliance with subpart (3) (iv)
(a) or (b) has been achieved, such a test must be
completed by June 30, 1975, or October 1, 1975,
respectively. Ten days prior to such a test,
notice must be given to the Administrator to afford
him the opportunity to have an observer present.
4. The owner or operator of any boiler or furnace of more
than 250 million BTU per hour heat input subject to the
requirement of section 230.2(d) of subchapter A, chap-
ter III, title 6 of the New York State's official com-
pilation of codes, rules, and regualtions shall notify
the Administrator no later than October 1, 1973, of his
intent to utilize either low-sulfur fuel or stacb gas
desulfurization to meet the requirements of said re-
gulation.
5. Any owner or operator of a stationary source subject to
subparagraph (4) of this paragraph who elects low-sulfur
fuel shall be subject to the following compliance
schedule:
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(i) November 1, 1973 - Submit to the Administrator a
.•projection of the amount of fuel, by types, that
will be substantially adequate to enable compliance
with section 230.2(d) of the codes, rules, and
regulations cited in subparagraph (4) of this
paragraph on October 1, 1974, and for at least one
year thereafter.
(ii) December 31, 1973 - Sign contracts with fuel sup-
pliers for fuel requirements as projected above.
(iii) January 31, 1974 - Submit a statement as to whether
boiler modifications will be required. If modi-
fications will be required, submit plans for such
modifications.
(iv) March 15, 1974 - Let contracts for necessary boiler
modifications, if applicable.
(v) June 15, 1974 - Initiate onsite modifications, if
applicable.
(vi) September 3, 1974 - Complete onsite modifications,
ff applicable.
(vii) October 1, 1974 - Final compliance with the low-
sulfur fuel requirements of section 230.2(d) of
subchapter A, chapter III, title 6 of New York
State's official compilation of codes, rules, and
regulations.
Any owner or operator of a stationary source subject to
subparagraph (5) of this paragraph who elects to utilize
stack gas desulfurization shall be subject to the follow-
ing compliance schedule:
(i) November 1, 1973 - Let necessary contracts for con-
struction.
(ii) December 31, 1973 - Initiate onsite construction.
(iii) September 1, 1974 - Complete onsite construction.
(iv) October 1, 1974 - Final compliance with the require-
ments of section 230.2(d) of subchapter A, chapter
III, title 6 of New York State's official compila-
tion of codes, rules, and regulations.
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(v) If a performance test is necessary for a determina-
tion as to whether compliance has been achieved,
such a test must be completed by October 1, 1974.
Ten days prior to such a test, notice must be
given to the Administrator to afford him the oppor-
tunity to have an observer present.
7. The owner or operator of any petroleum refinery subject
to the requirements of section 223.1(a) of subchapter
A, chapter III, title 6 of New York State's official
compilation of codes, rules, and regulations shall com-
ply with the compliance schedule in subparagraph (8) of
this paragraph.
8. Any owner or operator of a petroleum refinery subject
to ^ubparagraph (7) of this paragraph shall be subject
to £he following compliance schedule:
(i) November 1, 1973 - Submit final control plan to
the Administrator.
(ii) February 28, 1974 - Let necessary contracts for
construction or installation of emission control
equipment.
(iii) June 30, 1974 - Initiate onsite construction or
installation of emission control equipment.
(iv) .-November 30, 1974 - Complete onsite construction
or installation of emission control equipment.
(v) December 31, 1974 - Final compliance with the re-
quirements of 223.1(a) of subchapter A, chapter
III, title 6 of New York State's official com-
pilation of codes, rules, and regulations.
9. The owner or operator of any coke oven battery subject
to the requirements of part 214, sections 214.2 and
214.4, of subchapter A, chapter III, title 6 of the New
York State's official compilation of codes, rules, and
regulations for a facility with an environmental rating
B as determined by part 212 of subchapter A, chapter
III, title 6 of the New York State's official compila-
tion of codes, rules, and regulations, shall comply with
the compliance schedule in subparagraph (10) of this
paragraph.
10. Any owner or operator of a coke oven battery subject
to subparagraph (9) of this paragraph shall be subject
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to the following compliance schedule:
(\) November 1, 1973 - Submit final control plan to
the Administrator.
(ii) February 1, 1974 - Let necessary contract for con-
struction or installation of control equipment.
(iii) April 15, 1974 - Initiate onsite construction or
installation of control equipment.
(iv) November 30, 1974 - Complete onsite construction
or installation of control equipment.
(v) December 31, 1974 - Final compliance with the re-
quirements of part 214, sections 214.2 and 214.4,
of subchapter A, chapter III, title 6 of New
York State's official compilation of codes, rules,
. ,. and regulations.
11. Any owner or operator subject to a compliance schedule
above shall certify to the Administrator, within five
days after the deadline for each increment of progress
in that schedule, whether or not the increment has been
,met.
12. (i) None of the above subparagraphs shall apply to a
source which is presently in compliance with appli-
cable regulations and which has certified such com-
pliance to the Administrator by October 1, 1973.
The Administrator may request whatever supporting
information he considers necessary for proper cer-
tification.
(ii) Any compliance schedule adopted by the State and
approved by the Administrator shall satisfy the
requirements of this paragraph for the affected
. source.
(iii) Any owner or operator subject to a compliance
schedule in this paragraph may submit to the Ad-
ministrator no later than October 1, 1973, a pro-
posed alternative compliance schedule. No such
compliance schedule may provide for final compliance
after the final compliance date in the applicable
compliance schedule of this paragraph. If pro-
mulgated by the Administrator, such schedule shall
••satisfy the requirements of this paragraph for the
affected source.
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13. Nothing in this paragraph shall preclude the Administra-
tor from promulgating a separate schedule for any
source to which the application of the compliance
'schedule in subparagraphs (2), (3), (5), (6), (8), and
(10) of this paragraph fails to satisfy the requirements
•; of 51.15 (b) and (c) of this chapter.
(37 FR 19815, Sept. 22, 1972, as amended at 38 FR 16146,
June 20, 1973; 38 FR 22744, Aug. 23, 1973; 38 FR 24341,
Sept. 7, 1973; 39 FR 33314, Sept. 17, 1974; 39 FR
41254, Nov. 26, 1974)
(12.0) 52.1683 Transportation and Land Use Controls.
a. Tq complete the requirements of 51.11 and 51.14 of this
chapter, the Governor of New York must submit to the Admin-
istrator:
1. No later than July 30, 1973, the legislative authority
that is needed for carrying out the transportation and/
or land use control strategies;
2. No later than December 30, 1973, the necessary adopted
regulations and administrative policies needed to im-
• plement such strategies.
•(38 FR 16567, June 22, 1978)
(14.0) 52.1685 General Requirements
b. Regulation for Public Availability of Emission Data
1. Any person who cannot obtain emission data from the
. .Agency responsible for making emission data available
to the public, as specified in the applicable plan, con-
cerning emissions from any source subject to emission
limitations which are part of the approved plan may re-
quest that the appropriate Regional Administrator ob-
tain and make public such data. Within 30 days after
.receipt of any such written request, the Regional Ad-
ministrator shall require the owner or operator of any
such source to submit information within 30 days on
the nature and amounts of emissions from such source
and any other information as may be deemed necessary by
the Regional Administrator to determine whether such
source is in compliance with applicable emission limita-
tions or other control measures that are part of the
applicable plan.
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Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b)(l)iof this section,
the owner or operator of the source shall maintain re-
cords of the nature and amounts of emissions from such
source and any other information as may be deemed nec-
essary by the Regional Administrator to determine whether
such source ,is in compliance with applicable emission
limitations or other control measures that are part of
the plan. The information recorded shall be summarized
and reported to the Regional Administrator, on forms
furnished by the Regional Administrator, and shall be
submitted within 45 days after the end of the reporting
period. Reporting periods are January 1 - June 30 and
July 1 - December 31.
Information recorded by the owner or operator and copies
of this summarizing report submitted to the Regional
Administrator shall be retained by the owner or operator
for..2.years after the date on which the pertinent report
Is submitted.
Emission data obtained from owners or operators of
stationary sources will be correlated with applicable
emission limitations and other control measures that
are,part of the applicable plan and will be available
at the appropriate regional office and at other loca-
tions in the state designated by the Regional Administrator.
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(17.0) 52.1689 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
faci1i ti es.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
p,r Act of Congress.
(.5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(.6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
'undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
!air quality standards during 1974 for sulfur dioxide or particu-
•late matter and then only with respect to such pollutants.
.States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations '...•••..
Pollutant • Class I 'clas's II
(ug/m3) (ug/m3)
Particulate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to concentrations"of particulate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) • The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
' (c) (3) (11) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
priop to June 1, 1975 except as specifically provided below. A.
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source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
,lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii)' Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) NO ov/ner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality.
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and .-
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tior] on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fecljed by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public inspection in at least one
location in the region in which the source would be located,
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator'may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of suqh approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod ypon a satisfactory showing that an extension is justified.
• • !
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy a^d 'all local, State, and Federal regulations which are part
of th§ applicable State Implementation Plan.
(f) Delegation.of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
' menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply!
(i) Where the agency designated is not an air pollution con-
• trol agency, such agency shall consult with the appropri-
' ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e)-(l) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
dicticjri over such land under other laws, in which case the Admin-
istrator'may delegate his authority to the States in accordance
with sjubparagraphs (2), (3), and (4) of this paragraph.
(39 FR,42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
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