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Adopted Part 257 Regulatory Flexibility Analysis for Small Business and Local Governments

Effect of Rule:

6 NYCRR Part 257, subparts 257-2 through 257-10, list the New York State Air Quality Standards (SAQS) promulgated by the Department over several decades. A number of these SAQS are outdated and have been superseded by Federal air quality standards and will be repealed or revised. Several of the required test methods are also outdated and they have been replaced with new language allowing the testing methodology to evolve as analytical methods improve.

The Division of Air Resources proposes to revise or repeal portions of this regulation to achieve parity with federal standards and support the Department's mission to preserve and protect air quality. The proposed revisions to Part 257 will have no effect on small business and local governments different than the current requirements.

Compliance Requirements:

Affected small business and local governments are already required to comply with certain subparts of the existing Part 257, most notably Part 257-10 Ambient Air Quality Standard - Hydrogen Sulfide. Small business and local governments should incur no additional compliance burdens due to the proposed changes of Part 257

Professional Services:

The professional services that a small business or local government may need to comply with the existing and revised Part 257 would be in the environmental engineering field. Civil and environmental engineering firms offer services to meet the needs of permitting, air dispersion modeling and air monitoring for applicable facilities.

Compliance Costs:

The costs of this regulation are negligible on the public and regulated community. There will be no additional costs on small businesses or local government. The costs to the State and Department are confined to the normal administrative costs of proposing or modifying departmental regulations.

Economic and Technological Feasibility:

An assessment of the economic and technological feasibility of compliance with the revisions to Part 257 by small businesses and local governments is not expected to generate any additional administrative or technological costs.

Minimizing Adverse Impacts:

The impact to job growth to small businesses or increased spending by local governments due to this proposed regulation is expected to be minimal. The proposed rule changes are designed to minimize any redundant air monitoring requirements for the agency and not to incur to requirements on air quality permit holders.

Small Business and Local Government Participation:

The Department plans on holding a public hearing during the proposal. Interested small businesses and local governments may choose to attend this public hearing. Additionally, there would be a public comment period in which interested parties who are unable to attend a public hearing can submit written comments on the proposed regulation.

Cure Period:

The Department does not believe that there is a need for a cure period for the proposed Part 257 because none of the revised or repealed actions will establish new time frames to demonstrate compliance.

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    Division of Air Resources
    Part 257
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    Albany, NY 12233-3259
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