New York State DEC Proposes Updates to Requirements for Federally Enforceable Permit Conditions

On February 8, 2017, New York State Department of Environmental Conservation (NYSDEC) proposed an update to guidelines to be used by NYSDEC air permit writers while establishing federally enforceable permit limitations.  The proposed DAR-17, Federal Enforceability of Air Pollution Control Permits, is intended to replace Air Guide 10, issued by NYSDEC in 1994.

In addition to providing examples of permit conditions that should meet federal enforceability guidelines, DAR-17 also formally clarifies five criteria that must be met by a permit condition for the NYSDEC to consider the restrictions in that condition "federally enforceable".  Two of these five criteria are that the permit conditions be practically enforceable and that the public has the opportunity to participate in the permitting process.  Additional guidance on how to implement DAR-17 provides examples of federally enforceable permit conditions and how they should be addressed when preparing permit conditions and language.  Finally, DAR-17 indicates that practical enforceability of the federally enforceable permit condition requires a monitoring condition and a specified stack testing frequency of once per permit term for subject emission units, are included in the permit.

While the DAR-17 Guidance is intended for NYSDEC permit writers, it provides important insight to the regulated community regarding NYSDEC's expectations for federal enforceability of permit conditions and the guidance that permit writers will be attempting to meet once the changes have been finalized.

Within State Facility and Title V Operating Permits, permit conditions that are federally enforceable can play a significant role for a facility that wishes to remain below a permitting threshold, such as a source which has a PTE exceeding the major source threshold and would require a Title V Operating permit without federally enforceable permit conditions to limit the site's PTE.

More information can be found on NYSDEC's website announcing the proposed guidance.

Trinity Consultants, Inc. recently opened an office in Albany, NY and is prepared to assist your team with evaluating the potential impact of this proposed guidance and other environmental compliance needs.  Contact Brian Noel, Trinity's Albany Office Manager, for assistance.