Air Pollution Proposed, Emergency, and Recently Adopted Regulations

Recent Proposals

Proposed Repeal and Replacement of Part 240, Transportation Conformity

The Department is proposing to repeal existing 6 NYCRR Part 240 (Part 240), Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Laws and replace it with a new Part 240, Transportation Conformity, and simultaneously revise 6 NYCRR Parts 200, General Provisions.

Recent Adoptions

Adopted Part 228 Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers, Part 201 Permits and Registrations, and Part 200 General Provisions - Effective date: June 5, 2013

The Department has adopted revisions to 6 NYCRR Part 228 and attendant changes to Parts 200 and 201. The revisions to Subpart 228-1 'Surface Coating Processes' incorporate requirements contained in recently issued EPA Control Technique Guidelines. The revisions to Subpart 228-2 'Commercial and Industrial Adhesives, Sealants and Primers' make clarifying and non-substantive changes.

Adopted Repeal of Part 203, Indirect Sources of Air Contamination - Effective date: May 19, 2013

The Department has adopted the repeal of 6 NYCRR Part 203, Indirect Sources of Air Contamination, and has simultaneously revised 6 NYCRR Parts 200, General Provisions, and Part 621, Uniform Procedures, to remove all references to Part 203.

Adopted Subpart 225-1 Fuel Composition and Use-Sulfur Limitations, and Part 200 General Provisions - Effective date: April 5, 2013

The Department is adopting revisions to 6 NYCRR Subpart 225-1, Fuel Composition and Use - Sulfur Limitations to reduce the limits on the sulfur content of distillate oils and residual oils. Also, the Department is adopting revisions to 6 NYCRR Part 200, General Provisions to incorporate references to federal rules.

Adopted Part 201 Permits and Registrations, and Part 200 General Provisions - Effective date: February 22, 2013

The Department is adopting revisions to its existing air permitting program, 6 NYCRR Part 201, Permits and Registrations, to further clarify its requirements and simplify their implementation.

Adopted Part 621 Uniform Procedures - Effective date: February 9, 2013

The Department is adopting revisions to Part 621 in order to make it more consistent with the concurrently proposed revisions to Part 201.

Adopted Revised Part 248 Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles - Effective date: February 9, 2013

The Department has amended Part 248 to conform with recent court decisions and amendments to NY ECL Section 19-0323.

Adopted Part 218 Emission Standards for Motor Vehicles and Motor Vehicle Engines, Part 252 Environmental Labels, and Part 200 General Provisions - Effective date: December 9, 2012

The Department has adopted 6 NYCRR Part 218, Emission Standards For Motor Vehicles and Motor Vehicle Engines, and repealed 6 NYCRR Part 252, Environmental Performance Labels. Part 218 incorporates California's most recent amendments to its Low Emission Vehicle program.

Adopted Part 215 Emergency Rule Extending Burn Ban - Effective date: July 13, 2012

The Department amended 6 NYCRR Section 215.3(a) through an emergency rule to ensure public safety by expanding the high fire-risk burn ban period through October 10th.

Adopted Part 251 CO2 Performance Standards for Major Electric Generating Facilities - Effective date: July 12, 2012

Part 251 establishes carbon dioxide (CO₂) emission standards for new major electric generating facilities (defined as facilities that have a generating capacity of at least 25 megawatts (MW)), and for existing electric generating facilities which increases capacity by at least 25 MW.

Adopted Subpart 482-2 Operating Program Fees - Effective date: June 27, 2012

This regulation establishes the fee to be paid by all facilities that are subject to the requirements of Title V of the Federal Clean Air Act (Act).

More about Air Pollution Proposed, Emergency, and Recently Adopted Regulations:

Proposed Part 240 Transportation Conformity, and Part 200 General Provisions - The Department is proposing to repeal existing Part 240 and replace it with a new Part 240, and simultaneously revise Part 200.
Adopted Part 228 Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers, Part 201 Permits and Registrations, and Part 200 General Provisions - The Department proposes revisions to Subpart 228-1 and Parts 200 and 201 that will incorporate seven CTGs issued by the EPA between April 1996 and September 2008.
Adopted Repeal of Part 203, Indirect Sources of Air Contamination - Effective date: May 19, 2013 - The Department has adopted the repeal of Part 203, Indirect Sources of Air Contamination, and has simultaneously revised Parts 200 and 621 to remove all references to Part 203.
Adopted Subpart 225-1 Fuel Composition and Use-Sulfur Limitations, and Part 200 General Provisions - The Department is adopting revisions to Subpart 225-1 to reduce the limits on the sulfur content of distillate oils and residual oils. Also, the Department is adopting revisions to Part 200 to incorporate references to federal rules.
Adopted Part 201 Permits and Registrations, and Part 200 General Provisions - Changes to Part 201 include the addition of several exempt and trivial activities, the removal of outdated transition plan requirements, and many other minor language corrections.
Adopted Part 621, Uniform Procedures - The Department is adopting revisions to Part 621 in order to make it more consistent with the concurrently proposed revisions to Part 201.
Adopted Part 248 Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles - The Department has revised Part 248 by amending definitions and the compliance schedule, and by adding a useful life waiver provision.
Adopted Part 218 Emission Standards for Motor Vehicles and Motor Vehicle Engines, and Part 200 General Provisions - The Department has adopted Part 218 and repealed Part 252. Part 218 incorporates California's most recent amendments to its Low Emission Vehicle program.
Adopted Part 215 Open Fires - The Department amended 6 NYCRR Section 215.3(a) through an emergency rule to ensure public safety by expanding the high fire-risk burn ban period through October 10th.
Adopted Part 251 CO2 Performance Standards for Major Electric Generating Facilities - Part 251 establishes CO2 emission standards for new major electric generating facilities (defined as facilities that have a generating capacity of at least 25 megawatts (MW)), and for existing electric generating facilities which increase their capacity by at least 25 MW.
Adopted Part 482-2 Operating Permit Program Fee - fee to be paid by all facilities subject to requirements of Title V