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The New York State Department of Environmental Conservation (NYSDEC) has implemented a 10-year expiration on New York Minor Air Facility Registrations (AFR) and a revision to 6 CRR-NY 201-4.2. The impacts of this change are being felt across many industries throughout the State.

Following this rule update in 2013, NYSDEC may send a notification requiring that an owner or operator holding an AFR to resubmit a registration application. NYSDEC Regions 1 - 9 have been contacting facilities that currently hold a "lifetime" AFR issued prior to the rule revision and requesting that they apply for a new AFR with a 10-year expiration date.

What does this mean for you?

If your facility currently holds an AFR with no expiration date, your facility may be contacted by NYSDEC to submit an updated AFR application. Once NYSDEC sends written notification to your facility requesting an updated AFR, facilities typically have 90 days to submit the registration renewal application. An AFR application is required to include facility-wide potential to emit (PTE) calculations, a Federal and State Regulatory applicability analysis, and a NYSDEC Air Facility Registration Application form.

As part of the regulatory applicability analysis, any regulations that have been revised or implemented since the original registration was issued must be reviewed. An example of an updated regulation that applies to several AFR facilities is the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the operation of boilers or emergency generators at Area (minor) sources. Although revised and new regulations already apply to your facility upon rule promulgation, it is important to take a detailed look into what may have changed at your facility since the facility's AFR was first issued so many years ago.

A significant regulation change made by NYSDEC over the past few years is the implementation of 6 CRR-NY Part 212, which impacts almost all air emission source types, including those permitted in an AFR. An AFR permit renewal will require an analysis of process emission sources and air contaminant emissions, and may even trigger the need for air dispersion modeling.

When your facility receives this type of request from NYSDEC, it is also a good time to consider if an AFR the right type of air permit for your facility. Are you planning to expand or change your operation's capabilities? Would a different permit structure give you more flexibility?

Trinity Consultants has assisted many facilities with renewing their AFR and is available to assist your facility with any air permitting and compliance needs. If you have any questions about Air Facility Registrations or any type of air permitting and compliance at your facility, please contact Simone Gleicher, Senior Consultant, of our Albany office at (518) 205-9000 for more information.