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Air Pollution - Recently Proposed and Adopted Regulations & Policies

Proposed Adoptions

Proposed Subpart 225-2 Fuel Composition and Use- Waste Oil as a Fuel, and Part 200 General Provisions

The Department is proposing revisions to 6 NYCRR Subpart 225-2, Fuel Composition and Use - Waste Oil as a Fuel to regulate the burning of waste oils in combustion, incineration, and process sources throughout New York State. The Department is also adding the definition for "residual oil" to 6 NYCRR Part 200.

Proposed DAR-1: Guidelines for the Control of Toxic Ambient Air Contaminants Under Part 212

The Department of Environmental Conservation is proposing to amend DAR-1: Guidelines for the Control of Toxic Ambient Air Contaminants Under Part 212, to update the policy which outlines the procedures for evaluating the emissions of criteria and non-criteria air contaminants from process operations in New York State.

Recent Adoptions

Adopted Part 222, Distributed Generation Sources - Effective date: December 1, 2016

This regulation establishes NOx and PM emission limits for distributed generation sources that are not subject to Subpart 227-2 (NOx RACT rule).

Adopted Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines - Effective date: October 19, 2016

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

Adopted Subpart 482-2 Operating Program Fees - Effective date: June 22, 2016

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 200, General Provisions - Effective date: February 5, 2016

The Department has amended 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.

Adopted Part 243, Transport Rule NOx Ozone Season Trading Program, Part 244, Transport Rule NOx Annual Trading Program Part 245, Transport Rule SO2 Trading Program - Effective date: December 12, 2015

The Department has repealed 6 NYCRR Part 243, CAIR NOx Ozone Season Trading Program, 6 NYCRR Part 244, CAIR NOx Annual Trading Program, and 6 NYCRR Part 245, CAIR SO2 Trading Program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 replaced 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 adopted 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.

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.

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.



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