Air Pollution Proposed, Emergency, and Recently Adopted Regulations

Recent Proposals

Revised Proposed Part 228 Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers, and Part 200 General Provisions

The New York State Department of Environmental Conservation (Department) is preparing to repropose a rule which will limit emissions of volatile organic compounds (VOCs) from commercial and industrial adhesives, sealants and primers. On July 18, 1997, the Environmental Protection Agency (EPA) promulgated the eight-hour ozone national ambient air quality standard (NAAQS). In January of 2005, the Department promulgated the surface coatings processes regulation (6 NYCRR Part 228) which sought to limit or reduce the amount of VOCs released into the atmosphere from surface coating processes statewide. In order to continue making progress towards reducing the eight-hour ozone levels for New York's designated nonattainment areas, the Department proposed to amend the current surface coating processes regulation to further limit the amount of VOCs emitted into the atmosphere. VOCs are ozone precursors and ozone at the ground level causes health effects ranging from respiratory disease to death. The proposed amendment to Part 228, and attendant revisions to Part 200 would establish VOC content and emission limits for the sale and use of commercial and industrial adhesives, sealants, adhesive primers and sealant primers.

Revised Proposed Part 212 General Process Emission Sources

To aid in attaining the federal ozone standard, Part 212 is being revised to include new requirements for the control of oxides of nitrogen (NO_x) at hot mix asphalt production plants throughout the state. Under this re-proposal, hot mix asphalt plants must perform operational practices, including annual burner tune-ups and stockpile management, beginning in 2011. Beginning in 2012, each plant will be required to analyze the economic feasibility of installing a low NO_x burner when it comes time for the current burner to be replaced. All active plants will need to perform this analysis by 2020. A low NO_x burner will also be required at any new hot mix asphalt plant.

Proposed Part 241 Asphalt Pavement and Asphalt Based Surface Coating, Part 211 General Prohibitions, and Part 205 Architectural and Industrial Maintenance (AIM) Coatings

As an element of the Department's strategy to attain the ozone standard by reducing volatile organic chemicals (VOC), the Department is proposing to modify its regulations that control VOC content in asphalt pavement and asphalt based surface coatings.

Proposed 247 Outdoor Wood Boilers, and Part 200 General Provisions

The Department is proposing to adopt new Part 247, Outdoor Wood Boilers and revise Part 200, General Provisions, to conform to the new rule. Emission limits and siting requirements will be established for new outdoor wood boilers (OWBs) along with stack height and operating requirements for both new and existing OWBs. Further, the Department is proposing to phase out existing OWBs by August 31, 2020. A new OWB is a unit that commences operation on or after April 15, 2011 and, conversely, an existing OWB is a unit that commenced operation prior to April 15, 2011.

Proposed Part 202 Emissions Verification

The New York State (NYS) Department of Environmental Conservation (Department) is proposing to revise 6 NYCRR Part 202, Emissions Verification, to make some minor language changes in 202-1 to more accurately represent the Department's ability to require stack tests for inventory purposes, as part of the permitting process, and to be more consistent with the language used in 202-2. Within 202-2, the Department is proposing to clarify language and include the reporting of greenhouse gases (GHGs) as part of the existing annual emission statement process. The GHGs include: carbon dioxide (CO₂), methane (CH₄), nitrous oxide (N₂O), hydrofluorocarbons (HFC), perfluorocarbons (PFC), and sulfur hexafluoride (SF₆).

Recent Adoptions

Amended Adopted Subpart 227-2, Subpart 201-3 Exempt and Trivial Activities, and Part 200 General Provisions - Effective date: July 25, 2010

The Department has amended its adopted revisions to Part 200.9 to correct typographical errors present in the original adoption package for Subpart 227-2.

Adopted Subpart 482-2 Operating Program Fees - Effective date: July 14, 2010

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 220 Portland Cement Plants and Glass Plants, and Part 200 General Provisions - Effective date: July 11, 2010

The Department has adopted revisions to Part 220 and minor attendant revisions to Part 200. The current Part 220 was divided into two subparts: 220-1 for portland cement plants; and 220-2 for glass manufacturing plants. In addition to other requirements, the existing regulation imposes Reasonably Available Control Technology (RACT) requirements on emissions of oxides of nitrogen (NOx) from portland cement kilns. The existing NOx RACT requirements for portland cement kilns have been in place since 1995. The Department has revised Part 220 to require updated NOx RACT for cement kilns at portland cement plants (Subpart 220-1), and to require NOx RACT for glass furnaces at glass plants (Subpart 220-2). The revisions are a component of New York's State Implementation Plan (SIP) directed at attainment of the 1997 ozone national ambient air quality standard (NAAQS) and will be part of the SIP that will be submitted with respect to the 2008 ozone NAAQS.

Adopted Part 234 Graphic Arts, Part 201 Permits and Registrations, and Part 200 General Provisions - Effective date: July 8, 2010

The Department has adopted revisions to Part 234 and adopted minor attendant revisions to Parts 200 and 201. The revisions expand the current regulation's applicability to include letterpress printing and establish more stringent Reasonably Available Control Technology (RACT) for volatile organic compounds (VOCs) for facilities that engage in flexographic, offset lithographic and rotogravure printing. The revisions also impose new requirements for graphic arts coating and adhesives, and cleaning solutions used in letterpress and offset lithographic printing. These revisions are a component of New York's State Implementation Plan (SIP) directed at attainment of the 1997 ozone national ambient air quality standard (NAAQS) and will be part of the SIP that will be submitted with respect to the 2008 ozone NAAQS.

Adopted Subpart 227-2 Reasonably Available Control Technology (RACT) for Major Sources of Oxides of Nitrogen (NO_x), Subpart 201-3 Exempt and Trivial Activities, and Part 200 General Provisions - Effective date: July 8, 2010

The Department has adopted revisions to Subpart 227-2 NOx RACT. The revisions include the lowering of the NO_x RACT emission limits for very large boilers, large boilers, mid-size boilers, and small boilers, and the requirement for a case-by-case RACT analysis for combined cycle/cogeneration combustion turbines. These revisions also include new shutdown and system-wide averaging options for compliance. This rulemaking adoption is a component of the State Implementation Plan (SIP) for New York State and will be part of the SIP that will be submitted with respect to the 2008 ozone national ambient air quality standard.

Adopted Part 218 Emission Standards for Motor Vehicles and Motor Vehicle Engines pertaining to GHG - Effective date: July 8, 2010

The Department has amended Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines, and Part 200, General Provisions. The amendments incorporate California's revisions to the greenhouse gas (GHG) emission standards that have been adopted as part of the low emission vehicle (LEV) program.

Adopted Part 204 NO_x Budget Trading Program (Repealed), Part 237 Acid Deposition Reduction NO_x Budget Trading Program, Part 238 Acid Deposition Reduction SO₂ Budget Trading Program, and Part 200 General Provisions - Effective date: May 6, 2010

The Department has repealed 6 NYCRR Part 204, NO_x Budget Trading Program. The Department has also modified 6 NYCRR Part 237, Acid Deposition Reduction NO_x Budget Trading Program to render it inoperative upon completion of the 2009-2010 control period, and modified 6 NYCRR Part 238, Acid Deposition Reduction SO₂ Budget Trading Program to render it inoperative upon completion of the 2010 control period. These rules have essentially been superseded by 6 NYCRR Part 243, CAIR NO_x Ozone Season Trading Program, 6 NYCRR Part 244, CAIR NO_x Annual Trading Program, and 6 NYCRR Part 245, CAIR SO₂ Trading Program (the NYS CAIR rules). These regulatory revisions will prevent affected sources from needing to comply with duplicative programs.

Adopted Part 218 Emission Standards for Motor Vehicles and Motor Vehicle Engines, and Part 200 General Provisions - Effective date: May 6, 2010

The Department has revised Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines, and Part 200, General Provisions. The revisions simplify the zero emission vehicle (ZEV) program and incorporate California's experimental permit procedures for on-road motor vehicles.

Adopted Part 243 CAIR NO_x Ozone Season Trading Program, Part 244 CAIR NO_x Annual Trading Program, Part 245 CAIR SO₂ Trading Program, and Part 200 General Provisions - Effective date: May 6, 2010

The New York State Department of Environmental Conservation (the Department) has revised the terms of 6 NYCRR Part 243, CAIR NO_x Ozone Season Trading Program, 6 NYCRR Part 244, CAIR NO_x Annual Trading Program, and 6 NYCRR Part 245, CAIR SO₂ Trading Program (collectively, the NYS CAIR rules) to incorporate changes to the model federal regulations on which the three NYS CAIR rules are based, and make minor clarifications and corrections to the NYS CAIR rules.

Adopted Part 249 Best Available Retrofit Technology (BART), and Part 200 General Provisions - Effective date: May 6, 2010

The Department is adopting new 6 NYCRR Part 249, Best Available Retrofit Technology (BART) in response to a federal requirement under the regional haze provisions of the Clean Air Act. Sources which are found BART-eligible under certain criteria and which contribute to visibility impairment in Federal Class I areas will be required to submit an analysis of potential BART controls to the Department by October 1, 2010 and complete the installation of approved controls by January 1, 2014.

Adopted Part 235 Consumer Products - Effective date: October 15, 2009

The Department has revised the existing consumer products regulation to reduce the amount of Volatile Organic Compounds (VOCs), which are ozone precursors, released into the atmosphere from Consumer Products. VOC emission reductions from consumer products are necessary so the State can make immediate progress towards attaining the eight-hour ozone NAAQS statewide and to lessen the health effects of ozone at the ground level. The revised Consumer Products regulation is based on the 2006 Ozone Transport Commission (OTC) model rule for Consumer Products, and the adoption of the revised Consumer Products regulation makes New York consistent with the other OTC member states (Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, Pennsylvania, Rhode Island, Vermont and Virginia).

Adopted Part 252 Environmental Performance Labels - Effective date: October 15, 2009

The Department has adopted Part 252 and amended Part 200.9. These regulations require environmental performance labels be affixed to new vehicles delivered for sale in New York. The regulation takes effect for 2010 and subsequent model year passenger vehicles and light-duty trucks up to 8,500 pounds gross vehicle weight rating.

Adopted Part 215 Open Fires, Part 191, Forest Fire Prevention, and Part 621, Uniform Procedures - Effective date: October 14, 2009

The Department has revised 6 NYCRR Parts 191, 215, and 621 effective October 14, 2009. The rule changes extend the previously existing ban on most open burning statewide. Part 215 has several exceptions including allowing the burning of brushpiles between May 15 and March 15 in those towns with populations under 20,000 residents, cooking fires, small campfires, ceremonial and celebratory bonfires (untreated, uncoated wood only), natural materials produced by agricultural operations of over five acres, and fire training exercises. In addition, open burn permit requirements have been removed from these regulations.*

*Note: Section 9-1105 of the Environmental Conservation Law requires open burning permits in certain areas of the state. This requirement is still in place.

Adopted Part 200 General Provisions as related to National Emission Standards for Hazardous Air Pollutants (NESHAP) - Effective date: August 6, 2009

The Department has adopted revisions to 6 NYCRR 200.9 and 200.10. These revisions update the incorporation by references to include the Federal National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations as they appear in the July 1, 2007 version of the Code of Federal Regulations and correct several typographical errors.

Adopted Part 239 Portable Fuel Container Spillage Control - Effective date: July 30, 2009

The Department has revised 6 NYCRR Part 239 and associated referenced material in Part 200. The revisions, effective July 30, 2009, will reduce the maximum VOC emission rate and allow more flexibility in the design of portable fuel containers. In addition, it is consistent with the federal rule, 40 CFR Part 59, which became effective January 1, 2009. The Department anticipates the revised regulation will reduce VOC emissions and result in the availability of more user friendly portable fuel containers.

Adopted Part 248 Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles and Amendments to Part 200 General Provisions - Effective date: July 30, 2009

These regulations will require the use of ultra low sulfur diesel (ULSD) fuel, best available retrofit technology (BART), and low NO_x rebuild kits on certain heavy duty vehicles owned by, operated by, on behalf of, or leased by state agencies and state and regional public authorities.

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

Revised Proposed Part 228 Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers, and Part 200 General Provisions - Implementation of the reproposed rule amendment will, in concert with counterpart programs established by other States and Federal Implementation Plans (FIP)s imposed by EPA, lower levels of ozone in New York State and will decrease adverse public health and welfare effects.
Revised Proposed Part 212, General Process Emission Sources - The Department proposes to revise 6 NYCRR Part 212 to require nitrogen oxide (NOx) emission reduction methods for hot mix asphalt production plants.
Proposed Part 241, Asphalt Pavement and Asphalt Based Surface Coating, Part 211, General Prohibitions, and Part 205, Architectural and Industrial Maintenance (AIM) Coatings - Proposed Part 241, Asphalt Pavement and Asphalt Based Surface Coating
Proposed Part 247, Outdoor Wood Boilers, and Part 200, General Provisions - Proposed Part 247, Outdoor Wood Boilers
Proposed Part 202, Emissions Verification - Proposed Part 202, Emissions Verification
Adopted Part 482-2, Operating Permit Program Fee - fee to be paid by all facilities subject to requirements of Title V
Amended Adopted Subpart 227-2, Subpart 201-3 Exempt and Trivial Activities, and Part 200 General Provisions - The Department has amended its adopted revisions to Part 200.9 to correct typographical errors pertaining to Subpart 227-2.
Adopted Part 220, Portland Cement and Glass Plants and Part 200 General Provisions - The Department has divided Part 220 into two subparts: 220-1 for portland cement plants; and 220-2 for glass manufacturing plants. It has furthermore revised Part 220 to require updated NOx RACT for cement kilns at portland cement plants (Subpart 220-1), and to require NOx RACT for glass furnaces at glass plants (Subpart 220-2).
Adopted Part 234 Graphic Arts, Part 201 Permits and Registrations, and Part 200 General Provisions - Adopted 234, Graphic Arts
Adopted Subpart 227-2, Subpart 201-3 Exempt and Trivial Activities, and Part 200 General Provisions - Subpart 227-2 has been revised by lowering the NOx RACT emission limits for very large boilers, large boilers, mid-size boilers, and small boilers, and by requiring a case-by-case RACT analysis for combined cycle/cogeneration combustion turbines.
Adopted 6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines (pertaining to GHG) - The amendments provide vehicle manufacturers with the voluntarily option of demonstrating compliance with the GHG emission standards.
Adopted Part 204 NOx Budget Trading Program, Part 237 Acid Deposition Reduction NOx Budget Trading Program, Part 238 Acid Deposition Reduction SO2 Budget Trading Program, and Part 200 General Provisions - Adopted Part 204 NOx Budget Trading Program, Part 237 Acid Deposition Reduction NOx Budget Trading Program, Part 238 Acid Deposition Reduction SO2 Budget Trading Program, and Part 200 General Provisions
Adopted Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines (pertaining to ZEV) - Adopted Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines
Adopted Part 243, CAIR NOx Ozone Season Trading Program, Part 244, CAIR NOx Annual Trading Program, and Part 245, CAIR SO2 Trading Program - Adopted Part 243, CAIR NOx Ozone Season Trading Program, Part 244, CAIR NOx Annual Trading Program, and Part 245, CAIR SO2 Trading Program
Adopted Part 249, Best Available Retrofit Technology (BART) - Adopted Part 249, Best Available Retrofit Technology (BART)
Adopted Part 235, Consumer Products - adopted revisions to Part 235 - Consumer Products
Adopted Part 252, Environmental Performance Labels - required on certain vehicles with model year 2010 and subsequent years.
Adopted Part 215 - Open Fires, Part 191 - Forest Fire Prevention, Part 621 - Uniform Procedures - revisions to Part 215, Part 191, and Part 621
Adopted Part 200, General Provisions as related to National Emission Standards for Hazardous Air Pollutants - Adopted Part 200, General Provisions as related to National Emission Standards for Hazardous Air Pollutants
Adopted Part 239 - Portable Fuel Container Spillage Control, and Part 200 - General Provisions - Adopted Part 239 - Portable Fuel Container Spillage Control, and Part 200 - General Provisions
Adopted Part 248 - Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles, and Part 200 - General Provisions - These regulations require the use of ULSD fuel and BART technology on covered HDDVs owned by, operated by, on behalf of, or leased by state agencies and state and regional public authorities.