For Release: Wednesday, September 6, 2006
DEC Announces Availability of Proposals to Improve Air Quality
Draft Regulations Will Reduce Mercury, Help Address New/Modified Sources
New York State Department of Environmental Conservation (DEC) Commissioner Denise M. Sheehan today 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.
"These draft regulations will have significant environmental benefits for communities throughout the State and continues New York's leading role under Governor George Pataki in improving air quality," Commissioner Sheehan said. "For both of these proposals, DEC has reached out to stakeholders that included representatives from industry, environmental groups, and other interested organizations and 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 utility power plants by approximately 50 percent from current levels by 2010 and 90 percent by 2015. The draft regulations announced today will implement these reductions to decrease the amount of harmful mercury that is entering our environment from these sources.
The proposed mercury regulation will be enacted in two phases. The first phase requires an approximately 50 percent decrease in power plant mercury emissions from current levels by January 1, 2010. Under this regulation, 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 plant facilities in New York or other states. The second phase, which will be effective by January 1, 2015, will implement a unit-based limit for each power plant facility. In conjunction with the first phase reductions, this will result in an estimated 90 percent decrease in mercury emissions, from current levels, with the overall levels being reduced to approximately 150 pounds per year or less. This phase would require a level of emissions reductions consistent with those that would be achieved by applying a Maximum Available Control Technologies (MACT) requirement under the Clean Air Act.
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; email, 246CAMR@gw.dec.state.ny.us . Written statements may be submitted to the Department until 5p.m., October 20, 2006.
The second regulatory proposal announced today will revise the State's existing New Source Review (NSR) program, including a State Prevention of Significant Deterioration (PSD) program, for new and modified sources located in areas of the State which are in attainment of the National Ambient Air Quality Standards. To conform with requirements imposed by the federal Environmental Protection Agency (EPA) in 2002, DEC is proposing to revise State regulations to provide further clarification of the air permitting process for new and modified stationary sources including factories, industrial boilers, and power plants. These streamlined regulations will continue to provide the necessary protections for air quality while providing industry with a clearer regulatory framework. DEC's proposed NSR rule incorporates some of the federal requirements but is also more stringent in that it includes provisions requiring adequate record keeping, monitoring and reporting to ensure the enforceability of the rule.
Proposed changes from less stringent federal requirements include the clarification of what constitutes "routine maintenance, repair, and replacement." DEC's proposal would base this designation on a case-by-case basis by examining the nature and extent, purpose, frequency, and cost -- the federal government currently evaluates only cost and this approach has been invalidated in federal court. The draft State rule also omits provisions in the Federal rule that exempted Clean Units and Pollution Control Projects from NSR review and permitting, and is consistent with a series of federal court decisions that have been made regarding the federal rule.
In addition, the proposed NSR/PSD revisions will provide an option for facilities to change the basis of applicability for modifications and emissions reduction credits to an approach that looks at an entire facility. Also, since the 2002 changes to the federal program and subsequent State legal challenges to the basis of the program, PSD permit decisions in New York State have defaulted to the federal government. Today's regulatory proposal will enable DEC to seek approval from EPA to implement a New York-specific PSD program.
To submit public comments or to receive more information about the NSR/PSD proposals, contact Robert Sliwinski, NYSDEC Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, telephone (518) 402-8403; email 231nsr@gw.dec.state.ny.us . Written statements may be submitted until 5 p.m., October 20, 2006.
Joint public hearings on both regulatory proposals will be held at the following locations and times:
- October 11, 2006: 1 p.m. in Public Assembly Room 129 at the DEC Central Office, 625 Broadway, Albany, NY 12233
- October 12, 2006: 9 a.m. in the Conference Room at the DEC Region 8 Office, 6274 East Avon-Lima Rd., Avon, NY 14414
- October 13, 2006: 9 a.m. in Hearing Room 106 of the DEC Region 2 Office, 11-15 47th Avenue, Long Island City, NY 11101
