Environment DEC
From the February 2009 issue
New York State Adopts Clean Air Rules to Limit Pollution
Power plants, factories and other industrial facilities must install state-of-the-art pollution controls if they expand or modify operations in ways that increase emissions under a regulation approved recently by the New York State Environmental Board. The state's "new source review" regulation will improve air quality by promoting the use of new pollution-control technologies.
Followed a Suit Against EPA
Facilities that increase their emissions must install state-of-the art pollution control technologies.
New source review, a provision of the federal Clean Air Act, governs whether industrial plants must install new emissions controls when expanding or making upgrades that go beyond routine maintenance. New York and other states sued the U.S. Environmental Protection Agency for attempting to weaken the provision. While filing suit, New York also began the process of adopting a state new source review regulation to make certain that air quality protections were not diminished. That process culminated in the approval by the Environmental Board.
The regulations approved recently provide ample flexibility for industrial facilities, but they are more protective of air quality than the federal requirements. Under provisions of the Clean Air Act, states can adopt regulations that are more protective than existing federal regulations. New York's regulation becomes effective in March.
Closes Loopholes
"By taking this action, we are closing the door on the possibility that industrial plants could emit more smog and soot while avoiding new pollution controls," DEC Commissioner Pete Grannis said. "Hopefully, New York's approach will become a model for other states and possibly the federal government."
Related Links:
U.S. Environmental Protection Agency (leaving DEC's website)
