N.Y. Comp. Codes R. & Regs. tit. 6 § 201-6.5

Current through Register Vol. 46, No. 19, May 8, 2024

Section 201-6.5 - Special provisions

(a) 'State enforceable requirements'. The department shall specifically designate as not being federally enforceable, any terms and conditions included in the permit that are not required under the act or under any of its applicable requirements. Terms and conditions so designated are not subject to the requirements of section 201- 6.3 of this Subpart.

(b) 'Additional permit conditions for facilities subject to the Acid Rain Program of title IV of the act'.

(1) Where an applicable requirement of the act is more stringent than regulations promulgated under title IV of the act, both requirements shall be incorporated into the permit, and shall be enforceable by the department and the administrator.

(2) Emissions exceeding any allowances that the facility owner/operator lawfully holds under title IV of the act or the regulations promulgated thereunder shall be prohibited by the permit. However, the facility owner or operator is not required to cover its emissions at all times. Rather, the facility owner or operator need only have sufficient sulfur dioxide allowances to cover emissions at the end of the true-up period in each year.

(3) No permit modification shall be required for increases in emissions that are authorized by allowances acquired pursuant to title IV, provided that such increases do not require a permit modification under any other applicable requirement.

(4) No limit shall be placed on the number of allowances held by the facility. The facility owner or operator may not, however, use allowances as a defense to noncompliance with any other applicable requirement.

(5) Any allowance shall be accounted for according to the procedures established in regulations promulgated under the acid rain provisions of title IV.

(c) 'Emergency defense provision'. Each title V facility permit shall contain a condition that requires reporting of noncompliance due to an emergency as described in Section 201-1.5 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 201-6.5

Amended New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/24/2021