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Air Pollution Proposed, Emergency, and Recently Adopted Regulations

Proposed Adoptions

Proposed Part 222, Distributed Generation Sources

The primary purpose of this regulation is to establish NOx emission limits for distributed generation sources that are not subject to Subpart 227-2 (NOx RACT rule). Comments will be accepted through February 18, 2016.

Recent Adoptions

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The Department has repealed 6 NYCRR Part 243, CAIR NOx Ozone Season Trading Program, 6 NYCRR Part 244, CAIR NOx Annual Trading Program, and 6 NYCRR Part 245, CAIR SO2 Trading Program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

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.


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

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