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Proposed Part 201 Permits and Registrations, and Part 200 General Provisions

The Department is proposing revisions to its Operating Permitting Program (OPP). The OPP sets forth the regulatory requirements and procedures to allow owners and operators of an air contamination source to apply for and obtain a permit or registration from the Department for the construction and operation of the source in New York. The OPP is implemented by the Department through Parts 200, General Provisions; 201, Permits and Registrations; and 621, Uniform Procedures (collectively, Part 201). This rulemaking will revise Part 201 to clarify certain requirements, provide consistent implementation of the OPP across the state, streamline the air permitting process, and facilitate the ease of use and timely administration of the OPP. Additionally, this proposal will modify Section 212-2.2, Table 2 - High Toxicity Air Contaminant (HTAC) list, to make it consistent with Table 1 of Subpart 201-9. Finally, this proposal will also make several minor changes to Part 212 to improve the clarity of its requirements.

In light of the current emergency associated with the COVID-19 pandemic, Governor Cuomo has put New York State on PAUSE to limit the spread of the novel coronavirus. See Executive Order 202, including subsequent iterations and successors thereof, including Executive Order 202.15. Pursuant to these directives, non-essential meetings and gatherings of any size are currently prohibited, and rulemaking hearings are not required. Consistent with such requirements, the Department will not hold a public hearing for this rulemaking.

Comment period closed.

Written comments on the proposed rule may be submitted until 5:00 p.m. on June 29, 2020 and should be directed to:

Mark Lanzafame
NYSDEC
Division of Air Resources
Proposed Part 201
625 Broadway
Albany, NY 12233-3254
Phone: (518) 402-8403
E-mail: air.regs@dec.ny.gov


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    Division of Air Resources
    Proposed Part 201
    625 Broadway
    Albany, NY 12233-3250
    518-402-8401
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