New York Air Permits

Air permits & authorizations

• Exempt and trivial activities

  Exemption

  Activities listed as exempt or trivial under Subpart 201-3 do not require a registration or permit, though exempt activities must be listed in Title V and State Facility applications. NYSDEC publishes a List of Exempt Activities form.

  6 NYCRR Subpart 201-3Official page

• Air Facility Registration

  Registration / Notice

  For smaller, non-major facilities; issued for up to 10 years. Fees are per emission point (ECL 72-0302).

  Their annual emissions are less than half of the level that would make them a major source. Their annual emissions of high toxicity air contaminants do not equal or exceed the applicable thresholds.

  6 NYCRR Subpart 201-4Official page

• State Facility Permit

  State Operating

  For generally large non-major facilities, including those using enforceable conditions (caps) to stay below major source levels; issued for up to 10 years. Fees are per emission unit (ECL 72-0302).

  Their annual emissions exceed 50 percent of the level that would make them a major source. Their annual emissions of high toxicity air contaminants equal or exceed the applicable thresholds.

  6 NYCRR Subpart 201-5Official page

Major NSR (PSD & nonattainment)

• Nonattainment New Source Review

  Nonattainment NSR

  Major new source and major modification preconstruction permitting in nonattainment areas and the Ozone Transport Region.

  Thresholds (summarized from source, not a quotation)

  Major source thresholds (tpy) per NYSDEC: NOx 25 and VOC 25 in the severe ozone nonattainment area (Bronx, Kings, Lower Orange County Metropolitan Area, Nassau, New York, Queens, Richmond, Rockland, Suffolk, Westchester); NOx 100 and VOC 50 in the rest of the state (Ozone Transport Region); CO 100 in Bronx, Kings, Nassau, New York, Queens, Richmond, Westchester; PM-10 100 in New York County (restated from NYSDEC table).

  6 NYCRR Part 231Official page

• Prevention of Significant Deterioration (PSD)

  PSD

  Major projects in attainment areas are reviewed under the federal PSD regulations, which NYSDEC references directly.

  40 CFR 52.21Official page

Title V operating permits

• Title V Facility Permit

  Title V

  Comprehensive permit for major stationary sources and Acid Rain facilities; issued for up to 5 years. Fees are per ton of prior-year emissions, with a per-contaminant cap, under 6 NYCRR Subpart 482-2. Title V initial permits, significant modifications, and renewals are 'major projects' under the Uniform Procedures Act.

  Thresholds (summarized from source, not a quotation)

  Fee cap: up to 7,000 tons per contaminant (restated from DEC).

  6 NYCRR Subpart 201-6Official page

Oil & Gas

New York's Oil and Natural Gas Sector rule (6 NYCRR Part 203, adopted January 2022, compliance from January 1, 2023) sets methane and VOC requirements for oil and gas production, separation and storage, natural gas storage, gathering and boosting, transmission and compressor stations, and metering/regulating stations. Requirements include LDAR, limits on venting from pneumatic devices and pumps, compressor seal controls, storage vessel controls, blowdown notifications, and annual pigging reports.

• Oil and Natural Gas Sector (Part 203)

  Other

  LDAR (semiannual at well sites, quarterly at gathering/boosting stations and city gates, bimonthly at compressor and storage facilities), pneumatic and pump venting limits, compressor controls, storage vessel controls, blowdown notice, pigging reports, and a baseline component report.

  Thresholds (summarized from source, not a quotation)

  Storage vessels with potential VOC emissions of 6 tpy or more installed before 2023 need 95% vapor control; newer vessels may not vent. Planned blowdowns over 10,000 cubic feet need 48 hours' notice (restated from the NYSDEC SIP revision document).

  6 NYCRR Part 203Official page

State air regulations

• 6 NYCRR Part 200General Provisions
• 6 NYCRR Part 201Permits and Registrations
• 6 NYCRR Part 203Oil and Natural Gas Sector
• 6 NYCRR Part 231New Source Review for New and Modified Facilities (nonattainment areas and Ozone Transport Region)
• 6 NYCRR Subpart 482-2Operating Permit Program Fees (Title V)
• 6 NYCRR Part 621Uniform Procedures
• ECL 72-0302Air fees for State Facility, Registration, and historic permits

Forms

• Air Program Forms and Instructions
• Air Facility Registration form and instructions
• Air Permit Application (State and Title V)
• Air Permit Application Instructions
• List of Exempt Activities
• Annual Capping Certification
• Title V Annual Compliance Certification

Guidance

• Is This Project Major or Minor (thresholds by area)
• DAR-1: Guidelines for Air Toxics
• DAR-10: Dispersion Modeling Guidelines
• DAR-17: Federal Enforceability of Permits
• Air Compliance and Emissions (ACE) Reporting
• Issued Title V permits

Compliance

State compliance obligations (reporting, emissions inventory, testing) are being indexed. Use the Compliance dashboard preview to see how they will be tracked.

Sources

• NYSDEC Air Facility Permits, Registrations, and Fees
• NYSDEC Air Pollution Control Permit Program
• NYSDEC Major or Minor Project
• EPA Clean Air Permitting in New York
• NYC DEP Clean Air Tracking System

Editorial note: NYSDEC has no online air permit application system per its forms page; ACE handles Title V compliance and emissions reporting. NYSDEC pages do not mention general permits. EPA lists EPA Region 2 as sharing permitting responsibility and as the sole authority in the eight Tribal Nations. NYC DEP filings are in addition to state requirements. Division of Environmental Permits: 518-402-9167.