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Air Pollution Proposed, Emergency, and Recently Adopted Regulations

Proposed Adoptions

Proposed Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines and Part 200 General Provisions

The Department of Environmental Conservation is proposing to amend 6 NYCRR Section 200.9 and 6 NYCRR Part 218 to incorporate California's latest greenhouse gas (GHG) and zero emission vehicle (ZEV) standards into New York's existing low emission vehicle (LEV) program.

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.

Recent Adoptions

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.

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Parts 227-3, 237, and 238 have become obsolete and have been superseded by other regulations, most notably 6 NYCRR Part 243, CAIR NOx Ozone Season Trading Program; Part 244, CAIR NOx Annual Trading Program; and Part 245, CAIR SO2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 Therefore, the Department has repealed Parts 227-3, 237, and 238 to remove redundancy from the State's environmental regulations.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).


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

  • Proposed Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines - The Department is proposing to amend Section 200.9 and Part 218 to incorporate California's latest GHG and ZEV standards into NY's existing LEV program.
  • 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 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.
  • Adopted Parts 227-3, 237, 238 and 200 - After CAIR was adopted in 2007, Parts 227-3, 237, and 238 were rendered inoperable and are currently obsolete. 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 NY.
  • Adopted Section 200.1, Definitions - 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).
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