New York New Source Review regulations & environmental compliance analysis

New York New Source Review : What you need to know

Governing Law and Regulations

Permits and registrations: 6 New York Codes, Rules, and Regulations (NYCRR) 201

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Nonattainment New Source Review (NSR): 6 NYCRR 231-3 to 231-6 and 6 NYCRR 231-9 to 231-13

Nonattainment areas: 40 CFR 81.333

Prevention of Significant Deterioration (PSD): 6 NYCRR 231-3, 6 NYCRR 231-4, and 6 NYCRR 231-7 to 231-13

Regulatory Agencies

New York Department of Environmental Conservation (DEC) Office of Air Resources, Climate Change, and Energy Division of Air Resources

New York City Department of Environmental Protection (DEP)

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. New York requires air contamination sources to obtain a permit or registration certificate from the DEC for the construction and operation of such sources. New major sources or modifications to existing major sources must comply with the applicable provisions of nonattainment NSR and/or PSD, depending on the attainment status of the area in which the source is located and the type and quantity of air pollutants emitted.

New York currently has several counties that are in nonattainment of one or more of the National Ambient Air Quality Standards (NAAQS). Therefore, both the provisions of nonattainment NSR and PSD are applicable in the state. New York has adopted regulations that follow the current federal provisions for both nonattainment NSR and PSD. See the national section NEW SOURCE REVIEW for more information.

Major sources must also comply with the Title V operating permit program. For additional information on major source operating permits, see the state section TITLE V.

Administration and enforcement. The Division of Air Resources of DEC's Office of Air Resources, ...

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