Air Pollution Proposed, Emergency, and Recently Adopted Regulations
Recent Proposals
Proposed Part 251 CO2 Performance Standards for Major Electric Generating Facilities
The Department proposes to adopt a new 6 NYCRR Part 251, CO2 Performance Standards for Major Electric Generating Facilities, and revisions to 6 NYCRR Part 200, General Provisions. The proposed Part 251 will establish 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 increases in capacity of at least 25 MW at existing electric generating facilities. The revisions to Part 200 incorporate references to federal rules.
Proposed Part 248 Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles
The Department proposes to revise 6 NYCRR Part 248, Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles by amending definitions and the compliance schedule, and by adding a useful life waiver provision. The proposed changes are attributable to recent Court decisions and the New York State Legislature amending New York Environmental Conservation Law (ECL) §19-0323.
Proposed Part 219 Incinerators
The Department proposes to adopt a new 6 NYCRR Subpart 219-9; by incorporating by reference Federal regulation 40 CFR Part 60, Subpart MMMM "Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration (SSI) Units" into 6 NYCRR Part 200. The proposed regulation would apply statewide to existing SSI units constructed on or before October 14, 2010. It will establish mandatory limits for nine (9) air pollutants: particulate matter (PM), sulfur dioxide (SO2), hydrogen chloride (HCl), nitrogen oxides (NOx), carbon monoxide (CO), lead (Pb), cadmium (Cd), mercury (Hg), and dioxins/furans. The Guidelines also establish an opacity limit, as well as specific requirements for initial and annual performance testing, operator training, recordkeeping and reporting, and compliance monitoring. Comments will be accepted through 5 P.M., January 26, 2012.
Recent Adoptions
Adopted Part 200 General Provisions, Part 201 Permits and Registrations, and Part 231 New Source Review (NSR) for New and Modified Facilities - Effective date: October 15, 2011
The Department has adopted revisions to Parts 231, 201, and 200 to incorporate greenhouse gas provisions from EPA's June 3, 2010 rule, add to existing PM-2.5 provisions as a result of EPA's May 16, 2008 and October 20, 2010 rules, and correct existing typographical errors.
Adopted Part 200 General Provisions, as related to National Emission Standards for Hazardous Air Pollutants (NESHAP) - Effective date: October 15, 2011
The Department has adopted revisions to 6 NYCRR Part 200 to update two tables of National Emission Standards for Hazardous Air Pollutants in 6 NYCRR section 200.10; a reference to Subpart A has been added to Table 3 and the table now cites the 2007 Code of Federal Regulations and Table 4 now cites the 2009 Code of Federal Regulations. The reference to Prevention of Significant Deterioration of Air Quality has been updated to the version in the 2009 Code of Federal Regulations Part 52 in Section 200.10, Table 5. 6 NYCRR section 200.9 has been updated to reflect the new references in section 200.10 and the reference to the Consumer Price Index has been updated to the 2010 version. This rulemaking also corrected typographical errors.
Adopted Subpart 482-2 Operating Program Fees - Effective date: June 22, 2011
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).
Adopted Part 247 Outdoor Wood Boilers, and revised Part 200 General Provisions - Effective date: January 28, 2011
The Department adopted new Part 247, Outdoor Wood Boilers and revised Part 200, General Provisions, to conform to the new rule. All owners or operators of outdoor wood boilers (OWBs) must comply with the fuel use limitations and nuisance provisions of Part 247. Emission limits and setback and stack height requirements are established for new OWBs. New OWBs are units that commence operation on or after April 15, 2011. New OWBs must be certified by the Department for sale in New York. Distributors of OWBs must provide prospective buyers with a Notice to Buyers along with a copy of Part 247.
More about Air Pollution Proposed, Emergency, and Recently Adopted Regulations:
- Proposed Part 251 CO2 Performance Standards for Major Electric Generating Facilities - will establish CO2 emission standards for new major electric generating facilities, and for increases in capacity of at least 25 MW at existing electric generating facilities. The revisions to Part 200 incorporate references to federal rules.
- Proposed 6 NYCRR Part 248, Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles - The Department proposes to amend 6 NYCRR Part 248 to conform with recent amendments to NY ECLaw §19-0323 and recent court decisions.
- Proposed Part 219 Incinerators - The Department proposes to adopt a new 6 NYCRR Subpart 219-9
- Adopted Part 231 New Source Review (NSR) for New and Modified Facilities, Part 201 Permits and Registrations, and Part 200 General Provisions - The DEC has adopted revisions to 6 NYCRR Parts 200, 201, and 231 and will include these revisions in the SIP. This rulemaking amended existing nonattainment NNSR and attainment New Source Review (PSD) program requirements.
- Adopted Part 200 General Provisions, as related to National Emission Standards for Hazardous Air Pollutants (NESHAP) - The Department revised 6 NYCRR Part 200 to update two tables of National Emission Standards for Hazardous Air Pollutants and to correct typographical errors.
- Adopted Part 482-2 Operating Permit Program Fee - fee to be paid by all facilities subject to requirements of Title V
- Adopted Part 247 Outdoor Wood Boilers, and Part 200 General Provisions - The Department adopted new Part 247, Outdoor Wood Boilers and revised Part 200, General Provisions, to conform to the new rule.
