From the October 2006 issue

DEC Announces Hearings/Comment Period for Proposals to Improve Air Quality

DEC Commissioner Denise M. Sheehan recently announced that the state has proposed new regulations that will significantly reduce mercury emissions from coal-fired power plants. The state is also proposing changes to existing regulations that will strengthen the state's regulation of new or modified emissions sources.

Significant Environmental Benefits

DEC will meet with representatives
of industry, environmental groups
and other stakeholders to gather
input on the proposed regulations

"These draft regulations will have significant environmental benefits for communities throughout the state in improving air quality," Commissioner Sheehan said. "For both of these proposals, DEC has reached out to stakeholders, including representatives from industry, environmental groups and other interested organizations. We encourage the ongoing participation of these constituencies as we move forward with this regulatory process."

In May 2006, Governor Pataki announced that New York State would be reducing harmful mercury emissions from coal-fired power plants by approximately 50 percent from current levels by 2010 and 90 percent by 2015. The draft regulations announced today will begin to implement these reductions.

Mercury Reduction in Two Phases

The proposed mercury regulation will be enacted in two phases. The first phase covers the 50 percent decrease in power plant mercury emissions from current levels by January 1, 2010. In this phase, the state will establish a statewide mercury cap of 786 pounds. Facilities will have to reduce mercury emissions and will not be able to trade with other power plants in New York or other states that have emission credits because they have exceeded emission reduction targets.

The second phase will become effective January 1, 2015 and will implement a unit-based limit for each power plant. In conjunction with phase one reductions, phase two will result in an estimated 90 percent decrease in mercury emissions from current levels. Overall mercury emission levels will be reduced to approximately 150 pounds per year or less. This phase will require a level of emissions reductions consistent with those that can be achieved by applying the Maximum Available Control Technologies (MACT) requirement under the Clean Air Act.

To Comment/Get More Information

To submit public comments or to receive more information on the mercury proposal, contact David Gardner, NYSDEC Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, telephone: 518-402-8403, or email: mailto:246CAMR@gw.dec.state.ny.us?subject=New Mercury Regulation Comments. Written statements may be submitted to DEC until 5 PM, October 20, 2006.

New Source Review Program to Change

The second regulatory proposal will revise the state's existing New Source Review (NSR) program for new and modified emissions sources in areas that have attained National Ambient Air Quality Standards. Included in the NSR program is a state Prevention of Significant Deterioration (PSD) program.

To conform with requirements imposed by the federal Environmental Protection Agency in 2002, DEC is proposing to revise state regulations to further clarify the air permitting process for new and modified stationary sources, including factories, industrial boilers and power plants. The streamlined regulations will continue to protect air quality while providing industry with a clearer regulatory framework. DEC's proposed NSR rule incorporates some of the federal requirements, but is more stringent because it includes record keeping, monitoring and reporting provisions that can be used as tools to enforce the rule.

To Get More Information/Comment/Public Hearing Schedule

For more information about how the NSR/PSD programs have changed and the schedule of public hearings, see the complete press release in "Related Links" below. To submit public comments, contact Robert Sliwinski, NYSDEC Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, telephone (518) 402-8403, or email: mailto:231NSR@gw.dec.state.ny.us?subject=New Source Review Changes Comment. Written statements may be submitted until 5 PM, October 20, 2006.