New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter III - AIR RESOURCES
Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION
Part 201 - Permits And Registrations
Subpart 201-3 - PERMIT EXEMPT AND TRIVIAL ACTIVITIES
Section 201-3.2 - Exempt activities

Universal Citation: 6 NY Comp Codes Rules and Regs § 201-3.2

Current through Register Vol. 47, No. 12, March 26, 2025

(a) The owner or operator of an emission source or activity that is listed as being exempt may be required to certify that it is operated within the specific criteria described in this Subpart. The owner or operator of any such emission source or activity must maintain all records necessary for demonstrating compliance with this Subpart on-site for a period of five years, and make them available to representatives of the department upon request.

(b) The owner or operator of any emission source or activity that is listed as being exempt in this section shall operate and maintain the emission source and any associated emissions controls in a manner consistent with manufacturer's specifications and good engineering practices. Failure to do so constitutes a violation of this Part.

(c) The category headings used in the following listing of exempt activities are strictly for organizational purposes and are not intended to be definitive. The following activities are exempt from permitting requirements at non-title V facilities, but must be listed in title V facility permit applications:

Combustion

(1) Stationary or portable combustion installations where the furnace has:
(i) a maximum rated heat input capacity less than 10 million Btu/hr burning liquid and gaseous fuels ; or

(ii) a maximum rated heat input capacity of less than one million Btu/hr burning solid fuels.

This activity does not include combustion equipment burning any material classified as a solid waste, as defined in Part 360 of this Title, a hazardous waste, as defined in Part 371 of this Title, or waste oil, as defined in Subpart 225-2 of this Title.

(2) Space heaters burning waste oil at eligible facilities, as defined in Subpart 225-2 of this Title, generated on-site or at a facility under common control, alone or in conjunction with used oil generated by a do-it-yourself oil changer as described in Subpart 374-2 of this Title.

(3) Stationary or portable internal combustion engines which meet the following criteria:
(i) are liquid or gaseous fuel powered, and located within the New York City metropolitan area or the Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, or Woodbury, and have maximum mechanical power rating of less than 200 brake horsepower; or

(ii) are liquid or gaseous fuel powered, and located outside of the New York City metropolitan area or the Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, or Woodbury, and have maximum mechanical power rating of less than 400 brake horsepower; or

(iii) are gasoline powered and have a maximum mechanical power rating of less than 50 brake horsepower.

(4) 'Reserved'.

(5) Gas turbines with a heat input at peak load less than 10 million Btu per hour.

(6) Emergency power generating stationary internal combustion engines, as defined in section 200.1(cq) of this Title. Stationary intern a l combustion engines used for peak shaving and/or demand response programs are not exempt.

Combustion-Related

(7) Non-contact water cooling towers and water treatment systems for process cooling water and other water containers designed to cool, store or otherwise handle water that has not been in direct contact with gaseous or liquid process streams.

Agricultural

(8) Feed and grain milling, cleaning, conveying, drying and storage operations including grain storage silos, where such silos exhaust to an appropriate emission control device, excluding grain terminal elevators with permanent storage capacities over 2.5 million U.S. bushels, and grain storage elevators with capacities above one million bushels.

(9) Equipment used exclusively to slaughter animals, but not including other equipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment.

Commercial - Food Service Industries

(10) Flour silos at bakeries, provided all such silos are exhausted through an appropriate emission control device.

(11) Emissions from flavorings added to a food product where such flavors are manually added to the product.

Commercial - Graphic Arts

(12) Screen printing inks/coatings or adhesives which are applied by a hand-held squeegee. A 'hand -held squeegee' is one that is not propelled through the use of mechanical conveyance and is not an integral part of the screen printing process.

(13) Graphic arts processes at facilities located outside the New York City metropolitan area or the Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, or Woodbury with facility -wide total annual actual emissions of volatile organic compounds from graphic arts processes and associated cleaning operations of less than three tons on a 12-month rolling basis.

(14) Graphic label and/or box labeling operations where the inks are applied by stamping or rolling.

(15) Graphic arts processes which are specifically exempted from regulation under Part 234 of this Title, with respect to emissions of volatile organic compounds which are not given an A rating as described in Part 212 of this Title.

Commercial - Other

(16) Gasoline dispensing sites registered with the department pursuant to Part 613 of this Title.

(17) Surface coating and related activities at facilities which use less than 25 gallons per month of total coating materials, or with actual VOC emissions of 1,000 pounds or less from coating materials in any 12 -month period. Coating materials include all paints and paint components, other materials mixed with paints prior to application, and cleaning solvents, combined. This exemption is subject to the following:
(i) the facility is located outside of the New York City metropolitan area or the Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, or Woodbury; and

(ii) all abrasive cleaning and surface coating operations are performed in an enclosed building where such operations are exhausted into appropriate emission control devices.

(18) Abrasive cleaning operations which exhaust to an appropriate emission control device.

(19) Ultraviolet curing operations.

Municipal/Public Health Related

(20) Landfill gas ventilating systems at landfills with design capacities less than 2.5 million megagrams (3.3 million tons) and 2.5 million cubic meters (2.75 million cubic yards), where the systems are vented directly to the atmosphere, and the ventilating system has been required by, and is operating under, the conditions of a valid Part 360 permit, or order on consent.

Storage Vessels

(21) Distillate fuel oil, residual fuel oil, and biodiesel storage tanks with storage capacities below 300,000 barrels.

(22) Pressurized fixed roof tanks which are capable of maintaining a working pressure at all times to prevent emissions of volatile organic compounds to the outdoor atmosphere.

(23) External floating roof tanks which are of welded construction and are equipped with a metallic -type shoe primary seal and a secondary seal from the top of the shoe seal to the tank wall.

(24) External floating roof tanks which are used for the storage of a petroleum or volatile organic liquid with a true vapor pressure less than 4.0 psi (27.6 kPa), are of welded construction and are equipped with one of the following:
(i) a metallic-type shoe seal;

(ii) a liquid-mounted foam seal;

(iii) a liquid-mounted liquid-filled type seal; or

(iv) equivalent control equipment or device.

(25) Storage tanks, including petroleum liquid storage tanks as defined in Part 229 of this Title and liquid asphalt storage tanks, with capacities less than 10,000 gallons, except those subject to either Part 229 or Part 233 of this Title.

(26) Horizontal petroleum or volatile organic liquid storage tanks.

(27) Storage of solid materials, provided all such storage is exhausted through an appropriate emission control device. This exemption does not include raw material, clinker or finished product storage at Portland cement plants.

Industrial

(28) Processing equipment at existing sand and gravel and stone crushing plants which were installed or constructed before August 31, 1983, where water is used for operations such as wet conveying, separating and washing. This exemption does not include processing equipment at existing sand and gravel and stone crushing plants where water is used for dust suppression.

(29) Any sand and gravel, crushed stone, concrete, or recycled asphalt processing line at a non-metallic mineral processing facility that:
(i) is a permanent or fixed installation with a maximum rated processing capacity of 25 tons of minerals per hour or less;

(ii) is a portable emission source with a maximum rated processing capacity of 150 tons of minerals per hour or less; or

(iii) is used exclusively to screen minerals at a facility where no crushing or grinding takes place.

(30) Reserved.

(31) Surface coating operations which are specifically exempted from regulation under Subparts 228-1 and 228-2 of this Chapter, with respect to emissions of volatile organic compounds which are not given an A rating pursuant to Part 212 of this Title.

(32) Pharmaceutical tablet branding operations.

(33) Thermal packaging operations, including but not limited to, therimage labeling, blister packing, shrink wrapping, shrink banding, and carton gluing.

(34) Powder coating operations.

(35) All tumblers used for the cleaning and/or deburring of metal products without abrasive blasting.

(36) Presses used exclusively for molding or extruding plastics excep t wh ere halogenated polymers are used or where halogenated carbon compounds or hydrocarbon solvents are used as foaming agents.

(37) Concrete batch plants where the cement weigh hopper and all bulk storage silos are exhausted through fabric filters, and the batch drop point is controlled by a shroud or other emission control device.

(38) Cement storage operations not located at Portland cement plants where materials are transported by screw or bucket conveyors.

(39) Solvent cleaning processes:
(i) Cold cleaning degreasers with an open surface area of 11 square feet or less and an internal volume of 93 gallons or less or, having an organic solvent loss of 3 gallons per day or less.

(ii) Conveyorized degreasers with an air/vapor interface smaller than 22 square feet (2.0 m2), unless subject to the requirements in 40 CFR 63, subpart T.

(iii) Open-top vapor degreasers with an open-top area smaller than 11 square f ee t ( 1 . 0 m2), u n le ss subject to the requirements in 40 CFR 63, subpart T.

Miscellaneous

(40) Ventilating and exhaust systems for laboratory operations. Th is e x e mp tio n d o e s not include laboratory operations used to produce products for sale except in a de minimis manner.

(41) Exhaust or ventilating systems for the melting of gold, silver, platinum and other precious metals.

(42) Exhaust systems for paint mixing, transfer, filling or sampling and/or paint storage rooms or cabinets, provided the paints stored within these locations are stored in closed containers when not in use.

(43) Exhaust systems for solvent transfer, filling or sampling, and/or solvent storage rooms provided the solvents are stored in closed containers when not in use.

(44) 'Reserved.'

(45) The application of odor counteractants and/or neutralizers.

(46) Hydrogen, natural gas, and methane fuel cells.

(47) Dry cleaning equipment that uses only water-based cleaning processes or those using liquid carbon dioxide.

(48) Manure spreading, handling and storage at farms and agricultural facilities.

(49) Covered manure storage at farms that exhausts to a flare or other appropriate emission control device. This activity does not include anaerobic digestion processes operating with or without stationary or portable combustion installations.

(50) Coffee roasting processes which have a maximum operating capacity of 3 kilograms or less of green coffee beans per batch and no greater than 25 tons of green coffee beans per year, that are vented through an unobstructed, vertical stack that ensures proper dispersion of air contaminants.

(51) Process emission sources at breweries with total combined b e er and/or malt liq u o r p ro d uc tio n o f 60,000 barrels per year or less.

(52) Process emission sources at wineries with total combined wine and/or brandy production of 700,000 gallons per year or less.

(53) Process emission sources at distilleries with 10,000 distiller's bushels of grain input per year o r l e ss.

(54) Process emission sources at wood and lumber drying kilns with an annual throughput of u n tre a ted wood of 275,000 board feet or less.

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