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Air Pollution Proposed, Emergency, and Recently Adopted Regulations

Recent Adoptions

Adopted Part 227-3, Nitrogen Oxides (NOx) Emissions Budget and Allowance Program, Part 237 Acid Deposition Reduction NOx Budget Trading Program, Part 238 Acid Deposition Reduction SO2 Budget Trading Program, and Part 200 General Provisions - Effective date: October 5, 2014

Parts 227-3, 237, and 238 have become obsolete and have been superseded by other regulations, most notably 6 NYCRR Part 243, CAIR NOx Ozone Season Trading Program; Part 244, CAIR NOx Annual Trading Program; and Part 245, CAIR SO2 Trading Program. Therefore, the Department has repealed Parts 227-3, 237, and 238 to remove redundancy from the State's environmental regulations. As a result, repeal of Parts 227-3, 237, and 238 will de-clutter and streamline DEC's regulations, with zero impact on the regulated community and the people of the State of New York.

Part 227-3 established a NOx emissions budget in NYS for fossil-fuel-fired boilers or indirect heat exchangers with a maximum heat input capacity equal to or greater than 250 million British thermal units per hour (MMBtu/hr), and any electric generating devices with a rated output equal to or greater than 15 megawatts.

Since the promulgation of Part 227-3 in 1999, other federal and state regulations have been adopted that regulate air pollution from large boilers and electric generating units (EGUs). Part 237 established the NOx Budget Trading Program which was designed to reduce acid deposition in NYS by limiting emissions of NOx from fossil fuel-fired electricity generating units during the non-ozone season. Part 238 established the SO2 Budget Trading Program, which was designed to reduce acid deposition in NYS by limiting emissions of SO2 from stationary sources defined as SO2 budget units.

Adopted Part 200.1 - Effective Date: September 17, 2014

The definition of "nonattainment area" in 6 NYCRR Section 200.1 was revised to remove the counties of Suffolk, Nassau, Richmond, Kings, Queens, New York, Bronx, Westchester, Rockland and Orange from the list of counties designated nonattainment for fine particulate matter (PM2.5).

Adopted Subpart 482-2 Operating Program Fees - Effective date: June 18, 2014

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 Revisions to Part 242, CO2 Budget Trading Program - Effective date: January 1, 2014

The Department has adopted the revisions to 6 NYCRR Part 242, CO2 Budget Trading Program and 6 NYCRR Part 200, General Provisions. The revisions to Part 242 implement the reduction in the CO2 emissions cap and other updates to the Regional Greenhouse Gas Initiative.


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

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    Division of Air Resources
    Rule Coordinator
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    Albany, NY 12233-3250
    518-402-8401
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