Air Pollution Proposed, Emergency, and Recently Adopted Regulations

Proposed Regulations

Revised Part 242 - CO2 Budget Trading Program, Revisions to Part 200 - General Provisions and Acceptance of the Supplemental Draft Generic Environmental Impact Statement

The Department is proposing to revise 6 NYCRR Part 242, CO₂ Budget Trading Program, revisions to 6 NYCRR Part 200, General Provisions, and Acceptance of the Supplemental Draft Generic Environmental Impact Statement. Revised Part 242 establishes a market based program designed to cap and reduce carbon dioxide (CO₂) emissions from power plants by 10 percent by 2019.

Proposed Revisions to Part 215 - Open Fires, Part 191 - Forest Fire Prevention, and Part 621 - Uniform Procedures

The Department is proposing to ban the open burning of all materials including household refuse (garbage), paper materials, leaves and yard wastes with some specific exceptions.

Proposed Revisions to Part 200 - General Provisions, Part 201 - Permits and Registrations, and Part 231 - New Source Review in Nonattainment Areas and Ozone Transport Regions

The Department is proposing revisions to 6 NYCRR Parts 200, 201 and 231 and associated revisions to the State Implementation Plan (SIP). Another purpose of the rulemaking is to adopt a State PSD program for proposed new major facilities and major modifications to existing facilities located in attainment areas.

Recent Adoptions

Adopted Part 200, General Provisions - Effective date: October 20, 2007

This rulemaking amends 6 NYCRR 200.9 and 200.10 to update the incorporation by references to include the Federal National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations as they appear in the July, 2005 version of the Code of Federal Regulations. This rulemaking also incorporates by reference the December 16, 2005 Federal Emissions Guidelines for existing Other Solid Waste Incinerators and the May 10, 2006 amendments to the Guidelines for existing large Municipal Waste Combustors.

Adopted Part 200, General Provisions - Effective date: October 19, 2007

Subdivision 200.1(av) was amended to incorporate the new federal PM_2.5 designations and geographic boundaries. The New York - N. New Jersey - Long Island, NY-NJ-CT-PA non-attainment area includes the New York State counties of Bronx, Kings, Nassau, New York, Orange, Queens, Richmond, Rockland, Suffolk and Westchester. Subdivision 200.1(av) was also renumbered and amended to clarify that the annual National Ambient Air Quality Standards for PM₁₀ has been revoked by EPA.

Adopted Clean Air Interstate Rules (CAIR) - Effective date: October 19, 2007

CAIR is a Federal regional emissions trading program developed for states within the eastern region of the United States. It is designed to mitigate interstate transport of nitrogen oxides (NO_x) and sulfur dioxide (SO₂) to help reduce ozone and fine particulate matter (PM_2.5) formation in CAIR states located in the eastern United States. The Department has adopted three Clean Air Interstate Rules (CAIR) that will establish New York State's portion of the cap-and-trade programs. These rules consist of Part 243, CAIR NO_x Ozone Season Trading Program; Part 244, CAIR NO_x Annual Trading Program; and Part 245, CAIR SO₂ Trading Program.

Adopted Subpart 482-2, Operating Program Fees adopted Subpart 482-2 - Effective date: June 13, 2007

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 205, Architectural and Industrial Maintenance (AIM) Coatings - Effective date: June 9, 2007

This rule making eliminates the small manufacturers' exemption (SME) one year earlier and establishes a "sell-through" end date to eliminate the unlimited sell-through of non-complying AIM coatings manufactured both before January 1, 2005 and pursuant to an SME.

Adopted Part 621, Uniform Procedures - Effective date: February 22, 2007

Currently proposed amendments to 6 NYCRR Part 231, "New Source Review for New and Modified Facilities," necessitate that Subparagraph (iii) of section 621.4(g)(2) be amended to reference the revised title of 6 NYCRR Part 231 and to delete the reference to the federal Prevention of Significant Deterioration (PSD) regulations which the Department is no longer implementing.

Adopted Part 246, Mercury Reduction Program for Coal-Fired Electric Utility Steam Generating Units - Effective date: January 27, 2007

The Division of Air Resources is proposing a hybrid of the US EPA's Clean Air Mercury Rule (CAMR) cap-and-trade program and a traditional emission limit based program. In 2010, the proposed State regulation will accept the New York State cap but will not allow emission trading between applicable coal-fired utility units in New York and other units in the State or with units outside of New York State. The facility-wide cap will be in effect from 2010 to 2014. In 2015, in conjunction with other electric sector regulations such as the Regional Greenhouse Gas Initiative (RGGI) and the second phase of the CAIR, the State mercury regulation will implement a unit specific mercury emission limit at each facility. The adopted rule, Part 246, will be submitted to EPA in lieu of the CAMR, satisfying the federally mandated requirements.

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

Revised Part 242 - CO2 Budget Trading Program, Revisions to Part 200 - General Provisions, and Acceptance of the Supplemental Draft Generic Environmental Impact Statement - Revised Part 242 - CO2 Budget Trading Program, Revisions to Part 200 - General Provisions and Acceptance of the Supplemental Draft Generic Environmental Impact Statement
Proposed Revisions to Part 215 - Open Fires, Part 191 - Forest Fire Prevention, and Part 621 - Uniform Procedures - Proposed Revisions to Part 215 - Open Fires, Part 191 - Forest Fire Prevention, and Part 621 - Uniform Procedures
Proposed Revisions to Part 200 - General Provisions, Part 201 - Permits and Registrations, and Part 231 - New Source Review in Nonattainment Areas and Ozone Transport Regions - Proposed revisions to 6 NYCRR Parts 200, 201 and 231 and associated revisions to the State Implementation Plan (SIP).
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 200, General Provisions related to National Ambient Air Quality Standards - Adopted Part 200, General Provisions related to National Ambient Air Quality Standards
Adopted Clean Air Interstate Rules (CAIR) - Adopted Clean Air Interstate Rules (CAIR)
Adopted Part 205, Architectural and Industrial Maintenance (AIM) Coatings - Part 205, Architectural and Industrial Maintenance (AIM) Coatings: architectural coatings defined, prohibitions and requirements of air emissions from coatings Express Terms
Adopted Part 621 - Uniform Procedures - Part 621 - Uniform Procedures
Adopted Part 246, Mercury Reduction Program for Coal-Fired Electric Utility Steam Generating Units - Part 246, Mercury Reduction Program for Coal-Fired Electric Utility Steam Generating Units: prohibitions and program requirements for reducing mercury air emissions from Coal-Fired Electric Utility Steam Generating Units
Air Operating Permit Program Fee - 2007 Operating Permit Program Fee Bill, 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
Notice of Pre-Proposal of New York RGGI Rule - Regional Greenhouse Gas Initiative Notice of Pre-Proposal of New York RGGI Rule