Air Pollution Proposed, Emergency, and Recently Adopted Regulations
Proposed Part 243, Transport Rule NOx Ozone Season Trading Program, Part 244, Transport Rule NOx Annual Trading Program Part 245, Transport Rule SO2 Trading Program
The Department is proposing to repeal 6 NYCRR Part 243, CAIR NOx Ozone Season Trading Program, 6 NYCRR Part 244, CAIR NOx Annual Trading Program, and 6 NYCRR Part 245, CAIR SO2 Trading Program (collectively, the New York State Clean Air Interstate Rules or NYS CAIR) and replace them with three new rules, 6 NYCRR Part 243, Transport Rule NOx Ozone Season Trading Program, 6 NYCRR Part 244, Transport Rule NOx Annual Trading Program, and 6 NYCRR Part 245, Transport Rule SO2 Trading Program. These proposed rules incorporate the United States Environmental Protection Agency's (EPA) federal Cross-State Air Pollution Rule (CSAPR) and allow the Department to allocate CSAPR allowances to regulated entities in New York.
The Department is proposing this rulemaking because NYS CAIR are obsolete and superseded by CSAPR. CSAPR regulates regional cap-and-trade programs that regulate emissions from large fossil fuel-fired electricity generating units (EGUs) that have a nameplate capacity greater than 25 megawatts electrical (MWe) and produce electricity for sale. To administer and enforce the New York State components of the regional cap-and-trade program, the Department must incorporate CSAPR into regulation.
Proposed Part 200, General Provisions
This rulemaking will update the list of federal New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants that are incorporated by reference by New York State. Comments will be accepted through September 1, 2015.
Adopted Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines and Part 200 General Provisions - Effective date: December 9, 2015
The adopted rulemaking incorporates California's latest greenhouse gas and zero emission vehicle standards into New York's existing low emission vehicle program.
Adopted Subpart 482-2 Operating Program Fees - Effective date: June 17, 2015
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 212, Process Operations and Part 200, General Provisions - Effective date: June 14, 2015
The Department of Environmental Conservation is announcing the promulgation of 6 NYCRR Part 212. The changes incorporated in the new rule will align Part 212 and the permitting program by establishing consistent terminology between Part 212 and Parts 200 and 201. The new rule allows for more regulatory certainty for the regulated community while ensuring a consistent public health policy statewide. Also, this rulemaking clarifies the interaction between Part 212 and the federal National Emission Standards for Hazardous Air Pollutants (NESHAPs) program for consistency.
More about Air Pollution Proposed, Emergency, and Recently Adopted Regulations:
- Proposed Parts 243, 244 and 245 - The Department is proposing to repeal Parts 243, 244, and 245 (collectively, the NYS CAIR) and replace them with three new rules. These proposed rules incorporate the EPA's CSAPR and allow the Department to allocate CSAPR allowances to regulated entities in NY.
- Proposed Part 200, General Provisions - The Department is proposing to revise 6 NYCRR Part 200, General Provisions to incorporate by reference new and updated federal NSPS and NESHAPs. Doing so provides the Department with the legal authority to implement these regulations, thus effectuating the terms and provisions of the CAA and its associated regulations allowing the Department to implement and enforce the rules on behalf of the EPA.
- Adopted Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines - The Department has amended Section 200.9 and Part 218 to incorporate California's latest GHG and ZEV standards into NY's existing LEV program.
- Adopted Part 482-2 Operating Permit Program Fee - fee to be paid by all facilities subject to requirements of Title V
- Adopted Part 212, Process Operations - The Department is repealing and replacing Part 212 to streamline and update its provisions and to align those provisions with the Department's permitting regulations. These changes will provide regulatory certainty for the regulated community, and ensure public health and welfare.