Air Pollution Proposed, Emergency, and Recently Adopted Regulations

Proposed Regulations

Proposed Part 235 - Consumer Products

The Department is proposing to revise 6 NYCRR Parts 200.9 and 235. The purpose of the proposed revisions to the existing Consumer Products regulation is to further reduce the amount of Volatile Organic Compounds (VOCs) emitted into the atmosphere from Consumer Products. VOCs are ozone precursors and ozone at the ground level causes health effects ranging from respiratory disease to death. The revised Consumer Products regulation is based on the 2006 Ozone Transport Commission (OTC) model rule for Consumer Products and since New York State is a member of the OTC, the adoption of the revised Consumer Products regulation would make 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).

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

Based upon comments received during the comment period, the Department is revising the proposal to 6 NYCRR Parts 215, 191, and 621. The primary revision allows for the on-site burning in any town with a total population less than 20,000 of downed limbs and branches (including branches with attached leaves or needles) less than six inches in diameter and eight feet in length between May 15th and the following March 15th.

Proposed Part 252 - Environmental Performance Labels

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

Proposed Revisions to Part 200, General Provisions as related to Federal National Emission Standards for Hazardous Air Pollutants (NESHAP)

The Department is proposing to revise 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, 2007 version of the Code of Federal Regulations and correct existing typographical errors.

Proposed Revision to Part 239, Portable Fuel Container Spillage Control

The Department is proposing to revise 6 NYCRR Parts 200, 239 and associated revisions to the State Implementation Plan (SIP). The purpose of the proposed revisions is to update New York's current portable fuel container regulations and allow more flexibility to the manufacturer. The Department is anticipating more user friendly products to be distributed while improving emissions reductions.

Proposed Revisions to Part 248, Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles

The Department proposes to promulgate Part 248 and amend Part 200. These regulations will require the use of ultra low sulfur diesel (ULSD) fuel and best available retrofit technology (BART) on covered heavy duty diesel vehicles (HDDVs) owned by, operated by, on behalf of, or leased by state agencies and state and regional public authorities.

Recent Adoptions

Adopted Subpart 482-2, Operating Program Fees - Effective date: June 24, 2009

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, Part 201 - Permits and Registrations, and Part 231 - New Source Review for New and Modified Facilities - Notice of amended adoption on February 2, 2009; filed with Department of State February 3, 2009; effective March 5, 2009

The Department filed a Notice of Amended Adoption with the Department of State on February 3, 2009. This Notice will be published in the State Register on February 18, 2009. The effective date of this rulemaking is March 5, 2009.

This filing will correct the Department's Notice of Adoption filed on January 20, 2009, which was published in the State Register February 4, 2009.

The Department has adopted revisions to 6 NYCRR Parts 200, 201 and 231. These rule revisions address the permitting, emission control, and recordkeeping requirements for new major facilities, major modifications at existing major facilities, and major modifications to existing non-major facilities that are located in NYS.

Adopted Part 242 - CO2 Budget Trading Program, Revisions to Part 200 - General Provisions - Effective date: September 24, 2008

The Department has adopted 6 NYCRR Part 242, CO₂ Budget Trading Program which includes the revised 6 NYCRR Part 200, General Provisions. Part 242 establishes a market based program designed to cap and reduce carbon dioxide (CO₂) emissions from power plants by 10 percent by 2019. Table 1 of 6 NYCRR 200.9, Referenced Material, was revised in order to facilitate the administration of the Program.

State Environmental Quality Review Findings Statement for Promulgation of 6 NYCRR Part 242, 6 NYCRR Part 200 (General Provisions): CO2 Budget Trading Program and 21 NYCRR Part 507: CO2 Allowance Auction Program

The New York State Department of Environmental Conservation and the New York State Energy Research and Development Authority issued a Findings Statement on September 8, 2008 on the proposed CO2 Budget Trading Program as supported by the CO2 Allowance Auction Program.

Final Generic Environmental Impact Statement for 6 NYCRR Part 242, 6 NYCRR Part 200 (General Provisions): CO₂ Budget Trading Program as supported by 21 NYCRR Part 507: CO₂ Allowance Auction Program

The New York State Department of Environmental Conservation (NYSDEC) has accepted a Final Generic Environmental Impact Statement (FGEIS) on the proposed CO₂ Budget Trading Program as supported by the CO₂ Allowance Auction Program.

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

Proposed Part 235 - Consumer Products - proposed revisions to Part 235 - Consumer Products
Revised Proposed Part 215 - Open Fires, Part 191 - Forest Fire Prevention, and Part 621 - Uniform Procedures - revisions to Proposed Part 215, Part 191, and Part 621
Proposed Part 252 - Environmental Performance Labels - required on certain vehicles with model year 2010 and subsequent years.
Proposed Revisions to Part 200, General Provisions as related to Federal National Emission Standards for Hazardous Air Pollutants (NESHAP) - Proposed Revisions to Part 200, General Provisions as related to Federal National Emission Standards for Hazardous Air Pollutants (NESHAPS)
Adopted Subpart 482-2, Operating Program Fees - Effective June 24, 2009 - 6 NYCRR Subpart 482-2, Operating Permit Program Fee Rule, Express Terms
Adopted Part 200 - General Provisions, Part 201 - Permits and Registrations, and Part 231 - New Source Review for New and Modified Facilities - Adopted Revisions to Part 200, Part 201, and Part 231
Adopted Part 242, CO2 Budget Trading Program and Revised Part 200, General Provisions - Adopted Part 242, CO2 Budget Trading Program and Revised Part 200, General Provisions
Findings Statement for Proposed CO2 Budget Trading Program - issued on September 8, 2008.
FGEIS for Proposed CO2 Budget Trading Program - Revised Part 242 - CO2 Budget Trading Program, Revisions to Part 200 - General Provisions and Acceptance of the Final Generic Environmental Impact Statement