How Will the Recent Revisions to 6 NYCRR Subpart 202-2 Affect Your Facility?

Facilities that are classified as “major facilities” per 6 NYCRR 201-2.1 (Subpart 201-2) are subject to Title V permit requirements. Under 6 NYCRR 202-2 (Subpart 202-2), all facilities must provide an annual emissions statement, which is a quantitative summary of air contaminants emitted. Some examples of characteristics that require facilities to acquire a Title V permit are:

Quantity of Contaminant Emissions:

If a facility emits greater than 100 tons per year (tpy) of any air contaminant (except for greenhouse gases) or 100 tpy or more of greenhouse gases and 100,000 tpy of CO2 equivalents, a Title V permit is required. If contaminants are considered hazardous air pollutants (HAPs), the threshold quantities may be lower.

Source Category:

Facilities that operate fossil-fuel-fired steam electric plants/fossil fuel boilers totaling greater than 250 million BTU/hr. heat input, municipal incinerators capable of charging greater than 50 tons of refuse per day, and all others described in Subpart 201-2 require a Title V permit

Source Location:

Certain areas of New York State have different emissions requirements. For example, in the New York City metropolitan area, any facility with the potential to emit 25 tpy or more of NOx or VOC falls into the Title V category.

What major changes do the revisions bring?

• Previously, mailed hard copies or electronic submissions of annual emissions statements were acceptable. However, according to the Revised Subpart 202-2, the electronic submission shall be mandated in new or renewed Title V permits which were issued after 1/1/2021. By default, all emissions statements will be performed electronically by the reporting year 2025.
• Reporting of emissions for processes with source classification codes beginning with a “1” or “2” is now explicitly stated as optional. However, if not submitted, the New York State Department of Environmental Conservation (NYSDEC) will calculate emissions based on process-level fuel use (reported by the facility).
• When a facility becomes subject to the electronic reporting requirement (which can be as late as reporting year 2025, as discussed above), the deadlines for submitting emissions statements are as follows:

Number of Processes Listed in Title V Permit	Annual Submission Deadline
3 or fewer	March 15th
4 to 6	March 31st
7 to 12	April 15th
13 or more	April 30th

The requirement for electronic submission may only be waived (and sent by mail instead) with the NYSDEC’s permission in case of failure with the electronic reporting interface. This will be handled on a case-by-case basis.

Walden can help your facility comply with the Title V permitting and reporting requirements. Walden engineers and scientists have vast experience ensuring our clients meet local, state, and federal regulations with respect to air quality and emissions. Please give us a call at 516-586-0248 today to learn more.