Department of Environmental Conservation

D E C banner

Cross-State Air Pollution Rule (CSAPR) Revision

The following is the content of a letter and associated attachments sent to the Regional Administrator at the USEPA, Region 2, Judith A. Enck. The letter was signed on December 1, 2015 by Marc Gerstman, Executive Deputy Commissioner.

On behalf of the Governor of the State of New York, I am submitting for approval by the United States Environmental Protection Agency a revision to the State Implementation Plan (SIP) to incorporate amendments to 6 NYCRR Part 243, 6 NYCRR Part 244, 6 NYCRR Part 245 and 6 NYCRR Part 200.

The New York State Department of Environmental Conservation (DEC) repealed 6 NYCRR Part 243, CAIR NOx Ozone Season Trading Program, 6 NYCRR Part 244, CAIR NOx Annual Trading Program, and 6 NYCRR Part 245, CAIR SO2 Trading and replaced the repealed rules with three new rules, 6 NYCRR Part 243, Transport Rule NOx Ozone Season Trading Program, 6 NYCRR Part 244, Transport Rule NOx Annual Trading Program, and 6 NYCRR Part 245, Transport Rule SO2 Group 1 Trading Program. These new rules incorporate EPA's federal Cross-State Air Pollution Rule (CSAPR) arid allow the DEC to allocate CSAPR allowances to regulated entities in New York. Attendant revisions were made to 6 NYCRR Part 200, General Provisions.

A public review process was held for the amendments referenced above. A Notice of Proposed Rulemaking was published in the Environmental Notice Bulletin (ENB) on September 9, 2015 and in the New York State Register (SR) on September 16, 2015. A legislative public hearing on amendments to the proposed rules was held on Monday, October 19, 2015 in Albany, New York. Public comments were accepted through October 26, 2015. A Notice of Adoption for the above referenced rules and a Public Notice indicating that DEC plans to submit the above referenced rules to EPA as a SIP revision was published in the ENB on November 25, 2015.

The following documents are enclosed with this proposed SIP revision:

  1. Express Terms, as proposed on September 16, 2015, for 6 NYCRR Part 243, Transport Rule NOx Ozone Season Trading Program, 6 NYCRR Part 244, Transport Rule NOx Annual Trading Program, 6 NYCRR Part 245, Transport Rule SO2 Group 1 Trading Program and 6 NYCRR Part 200, General Provisions;
  2. Notice of Proposed Rulemaking and Public Hearing as published in the ENB on September 9, 2015 and the SR on September 16, 2015;
  3. Proofs of Publication of the Notice of Public Hearing as published in newspapers statewide on September 16, 2015;
  4. "Hearing Report" and "Transcript" for the public hearing held on October 19, 2015 in Albany;
  5. "Assessment of Public Comment" for the public hearing held on October 19, 2015 in Albany;
  6. November 10, 2015 "Certificate of Adoption";
  7. Express Terms, as adopted on November 10, 2015, for 6 NYCRR Part 243, Transport Rule NOx Ozone Season Trading Program, 6 NYCRR Part 244, Transport Rule NOx Annual Trading Program, 6 NYCRR Part 245, Transport
    Rule SO2 Group 1 Trading Program and 6 NYCRR Part 200, General Provisions;
  8. Notice of Adoption, and Public Notice indicating that DEC plans to submit the above referenced rules to EPA as a SIP revision, as published in the ENB on November 25, 2015.

Please call Division of Air Resources Director David Shaw at (518) 402-8452 if you have any questions.

Complete CSAPR SIP Revision (PDF) (2.29 MB,169 pgs)



  • PDF Help
  • For help with PDFs on this page, please call 518-402-8396.
  • Contact for this Page
  • NYSDEC
    Division of Air Resources
    SIP Planning
    625 Broadway
    Albany, NY 12233-3251
    518-402-8396
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions