Rural Area Flexibility Analysis 6 NYCRR Parts 200 and 201
The New York State Department of Environmental Conservation (Department) is proposing to revise and update 6 NYCRR Parts 200, General Provisions, and 201, Permits and Registrations (Part 201). The last substantial overhaul of Part 201 occurred in 1996. Since that time, many of the requirements in Part 201 have become outdated and in need of revision. The proposed rulemaking will revise several components of the existing Part 201 to further clarify their requirements and simplify its implementation, making it more efficient and cost effective for affected facilities. The scope of the existing Part 201 is not changed as a result of proposed revisions.
The proposed changes to Part 201 include the addition of several exempt and trivial activities, the removal of outdated transition plan requirements and many other minor language corrections. The provisions for emission sources operating on a temporary basis will also be clarified. Permitting thresholds for 62 persistent, bioaccumulative, and/or toxic compounds are also being added in order to more closely monitor and where possible control their emissions. Facility owners and operators still holding outdated certificates to operate will be required to update their current permit by submitting a permit or registration application. Lastly, the Department is proposing to limit the term of issuance for state facility permits and registrations to 10 years, ensuring that the air permits and registrations issued by the Department contain the most up to date information possible.
Types and Estimated Number of Rural Areas Affected
Part 201 applies to the owner or operator of any facility operating one or more stationary emission sources in New York State. Affected facilities range in scale from small industries with a handful of emission sources, to large scale industries with hundreds of emission sources. Affected facilities are located in communities throughout the state, including many rural areas. The owner or operator of such a facility is already required to comply with the permitting and registration provisions of the existing Part 201. This proposal seeks to modify and update those provisions in order to make them easier to understand and implement. These changes are expected to result in increased efficiency at regulated facilities, potentially decreasing compliance costs. Accordingly, no adverse impacts on rural areas are anticipated due to this rulemaking.
Facility owners and operators that are subject to the requirements of Part 201 are required to obtain a facility permit or registration from the Department based on the potential to emit of their facility. Once issued, the permit or registration contains terms and conditions that the facility owner or operator is required to adhere to in order to demonstrate continuous compliance with state and federal rules and regulations that apply to the operation of that facility. Part 201 applies to all facilities operating stationary emission sources, regardless of their location. The proposed revisions will increase the clarity and efficiency of the rule, making compliance easier and more efficient for facility owners and operators.
A detailed analysis of the costs for complying with the requirements of Part 201 can be found in the Regulatory Impact Statement for this rulemaking. The annualized compliance costs and application preparation costs described in that analysis are expected to be comparable to those of affected facilities located in rural areas. The proposed revisions to Part 201 will increase the clarity and efficiency of the air permitting program, potentially leading to cost savings over the current regulation.
Minimizing Adverse Impact
The Department does not anticipate any adverse impacts to rural areas as a result of this proposal. Permitting sources of air pollution regardless of ownership or location is necessary to ensure that they are operated in a way that protects the public health and the environment. In addition, the proposed revisions to Part 201 will make it easier for facility owners and operators to understand and comply with its requirements.
Rural Area Participation
Prior to this proposal, the Department solicited the input of potentially affected parties through a series of stakeholder meetings and outreach activities. A fact sheet detailing draft changes being considered for Part 201 was distributed to potentially affected parties via the Business Council, and all feedback received was carefully considered. In addition, interested parties will have the opportunity to review and comment on the Department's proposal as part of the formal rulemaking process.