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Air Pollution Regulatory Revisions

Recently Proposed and Adopted Regulations & Policies

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Proposed Rulemakings

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

The Department is proposing revisions to its Operating Permitting Program (OPP). The OPP is implemented by the Department through Parts 200, 201, and 621, (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.

Proposed Subpart 202-2 Emission Statements, and Part 200 General Provisions

The Department is proposing to revise 6 NYCRR Subpart 202-2, "Emission Statements" to require electronic submittal of annual emission statements. This requirement will be phased in beginning with Title V permits issued in 2021.

Proposed Subpart 225-1 Fuel Composition and Use - Sulfur Limitations

The Department is proposing to revise 6 NYCRR Subpart 225-1, "Fuel Composition and Use - Sulfur Limitations". Subpart 225-1 imposes limits on the sulfur content of distillate oil, residual oil, and coal fired in stationary sources. The revisions to Subpart 225-1 will add process sources and incinerators as stationary emission sources to which these revisions will apply in New York State (NYS). The revisions will also lower the sulfur-in-fuel limit for waste oil and correct minor typographical errors. Finally, the revisions will remove both 6 NYCRR subdivision 225-1.3(e) which cites section 117 of article 5 of the Energy Law and 6 NYCRR paragraph 225-1.4(c)(2) pertaining to the coal and coke variance. The revisions to Subpart 225-1 will be a component of the NYS State Implementation Plan (SIP).

Proposed Subpart 225-2 Fuel Composition and Use - Waste Oils, and Part 200 General Provisions

Subpart 225-2 will establish applicability criteria, composition limits, and permitting requirements for waste oils; establish monitoring, recordkeeping, and reporting requirements for facilities that are determined eligible to burn waste oil; and allow for the burning of waste oils in space heaters at automotive maintenance/service facilities. Part 200 will be revised to add the definition for "residual oil" and update regulatory references. Following adoption, Subpart 225-2 will be submitted to EPA as a revision to the State Implementation Plan for New York State.

Proposed Subpart 227-1 Stationary Combustion Installations, and Part 200 General Provisions

The revisions to Subpart 227-1 include lowering PM emission limits for existing and new stationary combustion installations, correct minor typographical errors, and update the regulation to incorporate changes to the air permitting regulations. The proposal for Part 200 will entail the updating of references. Following adoption, Subpart 227-1 will be submitted to EPA as a revision to the State Implementation Plan for New York State.

Proposed Part 230 Gasoline Dispensing and Transport Vehicles, and Part 200 General Provisions

The Department is proposing a new Part 230 to update an outdated regulation, adopt the federal Stage I vapor recovery requirements and require the removal of Stage II vapor recovery systems. Updates are necessary to remove expired equipment installation dates and compliance deadlines. A number of federal requirements are being incorporated into the revised regulation to sync state and federal regulations. Stage II system removal will prevent the increase of emissions due to incompatibility with on-board vapor recovery systems. Following adoption, Part 230 will be submitted to EPA as a revision to the State Implementation Plan for New York State.

Proposed Part 231 New Source Review, and Part 200 General Provisions

The Department is proposing to amend Part 231 in order to conform to federal New Source Review rule requirements and related court rulings.

Proposed Part 235 Consumer Products, and Part 200 General Provisions

The Department is proposing to revise the Part 235 Consumer Products regulation to reduce ozone precursor emissions and update references in Part 200. This regulation addresses many items used in and around the home, including cleaners, disinfectants, paint thinners, and automotive fluids. The proposed revisions include adding new categories, revising other existing categories, and lowering the volatile organic compounds limits in the Table of Standards.

Proposed Part 242 CO2 Budget Trading Program, and Part 200 General Provisions

The Department is proposing revisions to 6 NYCRR Part 242, CO2 Budget Trading Program (Regional Greenhouse Gas Initiative (RGGI)) and 200, General Provisions. The proposed revisions to Part 242 will reflect the RGGI program changes set forth in the updated RGGI Model Rule. The proposed revisions to Part 200 will update incorporated references.

Proposed Part 248 Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles, and Part 200 General Provisions

The Department is proposing to amend Part 248. The revisions to the Part 248 rulemaking will make it consistent with the amendments to ECL section 19-0323 by updating compliance dates. In addition, the revisions will update the definition of heavy duty vehicle to incorporate changes made to the New York State Vehicle and Traffic Law that add additional exceptions: revise Section 248-3.1(d) and (e) to add "on behalf of": clarify the annual reporting period: and correct one typographical spacing error. These clarifications should assist regulated entities and prime contractors in complying with the Part 248 requirements.

Proposed DAR-1: Guidelines for the Control of Toxic Ambient Air Contaminants Under Part 212

The Department is proposing to amend DAR-1: Guidelines for the Control of Toxic Ambient Air Contaminants Under Part 212, to update the policy which outlines the procedures for evaluating the emissions of criteria and non-criteria air contaminants from process operations in New York State.

Proposed DAR-10: NYSDEC Guidelines on Dispersion Modeling Procedures for Air Quality Impact Analysis

The Department is proposing to revise DAR-10: Guidelines on Dispersion Modeling Procedures for Air Quality Impact Analysis, to replace the guideline document issued on May 9, 2006. The revised guideline outlines the latest recommended techniques and procedures to be used in dispersion modeling analyses submitted to support air permit applications and other air quality impact analyses required by the Department.

Recent Adoptions

Adopted Part 205 Architectural and Industrial Maintenance (AIM) Coatings, and Part 200 General Provisions - Effective January 11, 2020

The Department is adopting a revised 6 NYCRR Part 205 and attendant test methods in Part 200 to establish lower volatile organic compound (VOC) limits on architectural and industrial maintenance coatings and eliminate the quart exemption for some coatings.

Adopted Part 208 Landfill Gas Collection and Control Systems for Certain Municipal Solid Waste Landfills, and Part 200 General Provisions - Effective date: September 4, 2019

The Department revised 6 NYCRR Part 208 and made attendant revisions to Part 200 to incorporate the new federal Emission Guideline for reducing emissions from MSW Landfills.

Adopted Subpart 218-7 Aftermarket Parts, and Part 200 General Provisions - Effective March 14, 2020

The Department is adopting amendments to 6 NYCRR Part 218 and 6 NYCRR Section 200.9 to update New York's standards for new aftermarket catalytic converters (AMCC) as part of New York's existing low emission vehicle (LEV) program.

Adopted Part 219 Incinerators, and Part 200 General Provisions - Effective March 14, 2020

The Department is adopting a new 6 NYCRR Subpart 219-4 and sunsetting Subparts 219-5 and 219-6. New Subpart 219-4 applies to all human and animal crematories operating throughout the state. The Department is also adopting a new Subpart 219-10 to limit oxides of nitrogen emissions from municipal waste combustion units. Following adoption, Part 219 will be submitted to EPA as a revision to the State Implementation Plan for New York State.

Adopted Part 222 Distributed Generation Sources, and Part 200 General Provisions - Effective March 25, 2020

The purpose of this rule is to regulate emissions from demand response and price-responsive generation sources located in the New York City metropolitan area.

Adopted Subpart 225-2 Fuel Composition and Use - Waste Oil as a Fuel, and 6 NYCRR Part 200 General Provisions - Effective April 2, 2020

Subpart 225-2 establishes applicability criteria, composition limits, and permitting requirements for waste oils; establishes monitoring, recordkeeping, and reporting requirements for facilities that are determined eligible to burn waste oil; and allows for the burning of waste oils in space heaters at automotive maintenance service facilities and marine service facilities. Part 200 added the definition for "residual oil" and updated regulatory references. Adopted Subpart 225-2 will be submitted to EPA as a revision to the State Implementation Plan for NYS.

Adopted Part 226 Solvent [Metal] Cleaning Processes and Industrial Cleaning Solvents, and Part 201 Permits and Registrations - Effective November 1, 2019

The Department has revised 6 NYCRR Part 226 Solvent Metal Cleaning Processes and attendant changes to Part 201, to establish lower volatile organic compound (VOC) limits to cold cleaning solvents and remove the stipulation that they only apply to the cleaning of metal. Existing Part 226 has been re-designated Subpart 226-1 to accommodate the addition of a new rule, Subpart 226-2 Industrial Cleaning Solvents, which establishes VOC content limits for cleaning solvents used in operations not covered by other regulations.

Adopted Subpart 227-2 Reasonably Available Control Technology (RACT) for Major Facilities of Oxides of Nitrogen (NOx), and Part 200 General Provisions - Effective December 7, 2019

The adoption for Subpart 227-2 will entail the removal of dated references, emission limitations, and practices. The adoption for Part 200 will entail the updating of references. Following adoption, Subpart 227-2 will be submitted to EPA as a revision to the State Implementation Plan for New York State.

Adopted Part 227-3 Ozone Season Oxides of Nitrogen (NOx) Emission Limits for Simple Cycle and Regenerative Combustion Turbines - Effective January 16, 2020

Subpart 227-3 establishes lower NOx emissions standards for simple cycle and regenerative combustion turbines during the ozone season.

Adopted Part 251 CO2 Performance Standards for Major Electric Generating Facilities, and Part 200 General Provisions - Effective date: June 8, 2019

The amendments to 6 NYCRR Parts 251 and 200 establish carbon dioxide (CO2) emissions standards for non-modified existing major electric generating facilities, while leaving unchanged the existing CO2 emission standards for new and modified major electric generating facilities, and update incorporated references to federal rules.

Adopted Part 257 Air Quality Standards and Classifications, and Part 200 General Provisions - Effective December 6, 2019

Part 257, Subparts 257-2 through 257-10, lists the NYS 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 are repealed or revised.

Adopted Subpart 482-2 Operating Program Fee - Effective date: June 19, 2019

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).


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