N.Y. Comp. Codes R. & Regs. tit. 16 § 1001.41

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1001.41 - Exhibit 41: applications to modify or build adjacent

If the applicant is claiming that its application qualifies for treatment pursuant to PSL section 165(4)(b), Exhibit 41 shall contain:

(a) A statement whether the application is to:

(1) modify by an increase of more than 25 MW the nameplate capacity of an existing electric generating facility already having a nameplate generating capacity of 25 MW or more; or

(2) construct a new facility adjacent or contiguous to an existing facility.

(b) A statement that the applicant is the owner of the affected existing major electric generating facility.

(c) For applications to modify existing facilities, a statement that after the modification the applicant will be the owner of the modified existing major electric generating facility.

(d) For applications to construct new facilities adjacent or contiguous to an existing facility, a statement that after the new construction the applicant will be the owner of both the existing facility and the new major electric generating facility.

(e) For applications to construct new facilities adjacent or contiguous to an existing facility, a map drawn to scale demonstrating that the new facility is proposed to be located on the same parcel of real property as the existing facility, on a separate parcel of real property sharing a common border with the parcel of the existing facility, or on separate parcels of real property separated by no more than 500 feet from the parcel of the existing facility.

(f) For emissions of the following substances, a table demonstrating a decrease in the rate of emissions with the name of the substance in the first column, the current hourly emission rate in the second column, the future hourly emission rate in the third column, and the percentage decrease in the rate of emission in the fourth column:

(1) sulfur dioxide (SO₂);

(2) oxides of nitrogen (NO_x);

(3) carbon dioxide (CO₂);

(4) carbon monoxide (CO);

(5) particulate matter (PM_2.5, PM₁₀ and total PM);

(6) volatile organic compounds (VOCs);

(7) elemental lead; and

(8) mercury.

For facilities that are partially replaced or modified, the percentage decrease shall be calculated by comparing the potential to emit of each such contaminant of the existing unit that is to be modified or replaced as of the date of application to the future potential to emit each such contaminant of the modified or replacement unit as proposed in the application. For facilities that are sited physically adjacent or contiguous to an existing facility, the percentage decrease shall be calculated by comparing the potential to emit of each such contaminant of the existing facility as of the date of application to the future potential to emit each such contaminant of the existing and new facility combined as proposed in the application.

(g) For emissions of the following substances, a table demonstrating a decrease in the total annual emissions on a pounds-per-year basis with the name of the substance in the first column, the current actual three-year average annual emissions in the second column, the future annual potential to emit in the third column, and the percentage decrease in the annual amount of emissions in the fourth column:

(1) sulfur dioxide (SO₂);

(2) oxides of nitrogen (NO_x);

(3) carbon dioxide (CO₂);

(4) carbon monoxide (CO);

(5) particulate matter (PM_2.5, PM₁₀ and total PM);

(6) volatile organic compounds (VOCs);

(7) elemental lead; and

(8) mercury.

The percentage reduction shall be calculated by comparing the past actual emissions of each of the relevant contaminants emitted by the existing facility averaged over the three years preceding the date of application, to the annualized potential to emit each such contaminant of the modified facility or of the combined existing and new facility as proposed in the application.

(h) Information sufficient to demonstrate the introduction of a new cooling water intake structure where such structure withdraws water at a rate equal to or less than closed-cycle cooling would for the modified or replacement unit, or the existing and new facility combined, whichever is applicable.

(i) A table demonstrating a decrease in the heat rate with the current actual heat rate of the existing facility in the first column, the future heat rate for the modified or replacement unit, or the existing and new facility combined, whichever is applicable, in the second column, and the percentage decrease in the heat rate in the third column.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 1001.41