Current through Register Vol. 47, No. 12, March 26, 2025
(a)
(1) Owners and/or operators of facilities
located in the Lower Orange County towns of Blooming Grove, Chester, Highlands,
Monroe, Tuxedo, Warwick, and Woodbury or New York City metropolitan area with
an annual potential to emit of 25 tons or more of NOx or 25 tons or more of
VOCs must comply with the requirements of this section.
(2) Owners and/or operators of facilities
located outside of the Lower Orange County towns of Blooming Grove, Chester,
Highlands, Monroe, Tuxedo, Warwick, and Woodbury and New York City metropolitan
area with an annual potential to emit of 100 tons or more of NOx or 50 tons or
more of VOCs must comply with the requirements of this section.
(3) Owners and/or operators of facilities
located in the Lower Orange County towns of Blooming Grove, Chester, Highlands,
Monroe, Tuxedo, Warwick, and Woodbury or New York City metropolitan area with
an annual potential to emit of 25 tons or more of nitrogen oxides or facilities
located outside of the Lower Orange County towns of Blooming Grove, Chester,
Highlands, Monroe, Tuxedo, Warwick, and Woodbury or New York City metropolitan
area with an annual potential to emit 100 tons or more of nitrogen oxides may
petition the EPA for an exemption from the RACT requirements for NOx emission
points in this section. The facility is eligible for the exemption if the owner
and/or operator demonstrates that net o zone air quality benefits are greater
in the absence of reductions of NOx from the facility. Nothing in this
paragraph shall exempt owners and/or operators of facilities that petition the
Environmental Protection Agency for an exemption from complying with the
applicable requirements of this section by the May 31, 1995 deadline absent
approval of the exemption.
(b) Owners and/or operators of emission
points subject to this Part that emit NOx or VOCs located at facilities
described in Subdivision (a) of this Section must submit a compliance plan to
the department by October 20, 1994. The compliance plan must either include the
RACT analysis required by Subdivision (c) of this Section or a plan to limit
the annual potential to emit below the applicability levels pursuant to
Subdivision (d) of this Section.
(c)
(1) The
compliance plan must identify RACT for each emission point that emits NOx for
major NOx facilities or VOC for major VOC facilities. The compliance plan must
identify the emission points that do not employ RACT, and a schedule for
implementation of RACT must be included in the plan. A RACT analysis is not
required for emission points with NOx and VOC emission rate potentials less
than 3.0 pounds per hour and actual emissions in the absence of control
equipment less than 15.0 pounds per day at facilities located in the Lower
Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo,
Warwick, and Woodbury and New York City metropolitan area. A RACT analysis is
not required for emission points with NOx and VOC emission rate potentials less
than 3.0 pounds per hour at facilities located outside of the Lower Orange
County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick,
and Woodbury and New York City metropolitan area. RACT as approved by the
department must be implemented on each emission point subject to this section
by May 31, 1995.
(2) Compliance
plans that include construction of emission control equipment must include a
mile stone date no later than December 20, 1994 for submission of a permit to
operate to the department for emission control equipment. The compliance plans
must include milestone dates for commencement of construction, completion of
construction, and completion of emissions testing of emission control
equipment.
(3) RACT compliance
plans for NOx emission points must include technically feasible control
strategies to minimize NOx formation and emission control equipment
alternatives. These process specific RACT demonstrations that are acceptable to
the department will be submitted to the United States Environmental Protection
Agency for approval as a revision to the State Implementation Plan by the
department.
(4)
(i) VOC emission points that are equipped
with a capture system and a control device with an overall removal efficiency
of at least 81 percent are equipped with reasonably available control
technology.
(ii) Surface coating
processes that are not subject to Part 228 of this Title which use a surface
coating with a maximum VOC content of 3.5 pounds VOC per gallon as applied
(minus water and excluded VOC) as calculated according to the formula in
Section 228.2(b)(11) of this Title are equipped with RACT.
(iii) Where the facility owner or operator
can show to the satisfaction of the department that an emission point cannot
achieve an overall removal efficiency of 81 percent or use coatings not
exceeding 3.5 pounds VOC per gallon as applied (minus water and excluded VOC)
for reasons of technological or economic feasibility, the department may accept
a lesser degree of control upon submission of satisfactory evidence that the
facility owner or operator will apply reasonably available control technology.
These process specific RACT demonstrations that are acceptable to the
department will b e submitted to the EPA for approval as a revision to the
State Implementation Plan by the department.
(d) The owner or operator of any facility
with federally and state enforceable conditions in a permit to operate that
limits its annual potential to emit NOx and VOCs below the applicability levels
of Subdivision (a) of this Section by May 31, 1995 is exempt from the RACT
analysis and implementation requirements of this Section. Records must be
maintained by the owner or operator at the facility on a monthly basis which
verify the facility's annual actual emissions. Upon reasonable request, these
records must be submitted to the department in a format acceptable to the
department. An exceedance o f the annual potential to emit conditions for any
calendar year must be reported by the owner or operator to the department
within 30 days of the end of that calendar year.
(e) Any facility that is subject to this
section after May 31, 1995 will remain subject to these provisions even if the
annual potential to emit NOx or VOCs later fall below the applicability
threshold.
(f) Owners and/or
operators of emission points located at facilities described in Subdivision (a)
of this Section that commence construction after August 15, 1994 must submit a
RACT demonstration for nitrogen oxides and VOC emissions with each application
for a permit to operate. RACT must be implemented on these emission points when
operation commences. A RACT analysis is not required for new emission points
with NOx and VOC emission rate potentials less than 3.0 pounds per hour and
actual emissions in the absence of control equipment less than 15.0 pounds per
day at facilities located outside of the Lower Orange County towns of Blooming
Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, and Woodbury and New York
City metropolitan area.
