1. (1) Except as provided by paragraphs (2) and (3) of this subdivision, any facility subject to this Subpart must apply best available control technology (BACT) to limit emissions of oxides of nitrogen (NO_x).
2. (2) If the facility is in a nonattainment area for nitrogen dioxide, or causes an increase in the ambient concentration in any nonattainment area for nitrogen dioxide which exceeds 1.0 microgram per cubic meter on an annual basis, it must comply with Part 231 of this Title and the applicable State implementation plan.

3. (3) If the facility is in a nonattainment area for ozone, it must apply lowest achievable emission rate technology (LAER) to limit NO_xemissions as may be required by either the applicable State implementation plan or a cumulative impact assessment of the proposed facility in combination with all existing and proposed NO_x sources. The cumulative impact assessment will be conducted to evaluate the impact of NO_x emissions on the ambient ozone levels in accordance with the State Environmental Quality Review Act or article 3 of the ECL.

   (d) Dioxin emissions.

4. (1) Any person who owns or operates a facility subject to this Subpart must submit, as part of an application for a permit to construct a new facility and for each application to renew a certificate to operate, a plan demonstrating to the satisfaction of the commissioner that all reasonable efforts and best management practices have been implemented to achieve reasonable progress toward minimization of dioxin equivalent emissions to a target value of 0.2 nanograms per dry standard cubic meter (ng/dscm), corrected to seven percent oxygen. This plan will be used as part of the evaluation by the commissioner to establish the dioxin equivalent emission limit in the initial permit to construct and certificate to operate.

5. (2) Upon completion of the emission tests required by section 219-2.6 of this Subpart, and following review and acceptance of this test data, the commissioner will establish a facility specific dioxin equivalent emission limit for the affected facility.

   1. (i) This limit will reflect the upper boundary of a 95 percent confidence interval derived from the emission test data.
   2. (ii) This derivation will be based on a minimum of 12 separate stack samples.
   3. (iii) The upper boundary value of the 95 percent confidence interval will be included as a dioxin equivalent emission limit for the affected facility as a special condition in a modified certificate to operate.
6. (3) No person may cause or allow a dioxin equivalent emission concentration in excess of 2 ng/dscm, corrected to seven percent oxygen, to be emitted from any affected emission source at a facility subject to this Subpart based on emission testing.

7. (4) In addition to the above, the certificate to operate any emission source subject to these requirements will be conditioned to limit emissions of dioxin equivalents in accordance with section 200.6 of this Title.

   (e) Mercury emission limitations.

   In addition to the mercury requirements contained in 40 CFR Part 60, Subpart Eb, incorporated by reference in Part 200 of this Title (see Table 2, section 200.10), the emission limitation for mercury is 28 ug/dscm (corrected to seven percent oxygen) or 85 percent removal, whichever is less stringent.

   (f) Compliance with mercury emission limitations.

   Annual compliance is based on the average of the annual stack tests on each incinerator at the facility using the stack test procedures contained in 40 CFR 60.58b(d)(2) incorporated by reference in 6 NYCRR Part 200 (see Table 1, section 200.9 of this Title). This average of all the facility's incinerators must be in compliance with the emission limit of 28 ug/dscm (corrected to seven percent oxygen) or 85 percent removal, whichever is less stringent. However, the average of annual stack tests on each incinerator at the facility must be in compliance with the Federal limit of 80 ug/dscm (corrected to seven percent oxygen) or 85 percent removal, whichever is less stringent. Four years after the effective date of this Subpart the averaging of the annual stack tests across all incinerators at the facility will end and each of the facility's incinerators must be in compliance with the emission limit of 28 ug/dscm (corrected to seven percent oxygen) or 85 percent removal, whichever is less stringent. Emission control devices must be kept in a satisfactory state of maintenance and repair in accordance with ordinary and necessary practices, standards and procedures, inclusive of manufacturer's specifications, required to operate such devices effectively.

   (g) Other emissions.

   In the absence of a contaminant specific emission limitation or ambient air quality standard, the certificate to operate for any source subject to these requirements will be conditioned to limit emissions in accordance with section 200.6 of this Title.

   Note:

   Note:

   The environmental impacts of any proposed facility subject to this Subpart must be identified and evaluated in accordance with section 617.14(f)(3) of this Title with respect to the reasonably related short- and long-term effects, cumulative effects, and other associated environmental effects.

(a) Particulate emissions.

No person may cause or allow an emission into the outdoor atmosphere of particulates from any incinerator at a facility subject to this Subpart in excess of 0.010 grains per dry standard cubic foot of exhaust gas, corrected to seven percent oxygen.

(b) Hydrogen chloride emissions.

No person may cause or allow a running eight-hour average emission of hydrogen chloride from any incinerator at a facility subject to this Subpart in excess of 10 percent by weight of the uncontrolled emissions (90 percent reduction) unless it is demonstrated that the stack concentration is less than 50 parts per million by volume (dry corrected to seven percent oxygen).

(c) Nitrogen oxides (NO_x) emissions.