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Air Pollution Regulatory Revisions

Recently Proposed and Adopted Regulations & Policies

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Proposed Rulemakings

Proposed Policy DAR-21: The Climate Leadership and Community Protection Act and Air Permit Applications (PDF)

This policy describes the content of analyses required by the Division of Air Resources (DAR) pursuant to the requirements of Section 7(2) of the Climate Leadership and Community Protection Act (CLCPA). Chapter 106 of the Laws of 2019. It further describes the procedures staff in DAR will follow when reviewing those analyses for conformance with the requirements of the CLCPA. Finally, this policy establishes the types of air pollution control permit actions required to prepare an analysis as part of the permit application process.

Pursuant to CLCPA, the Department is required to issue an initial Statewide Greenhouse Gas Emissions Report (GHG Inventory) by January 1, 2022, and thereafter to update the report on an annual basis. ECL 75-0105. The GHG Inventory will include information regarding upstream emissions associated with the extraction, production, and transmission of fossil fuels, along with information relating to fugitive emissions associated with fossil fuels. Draft DAR-21 notes that calculations of upstream emissions should be performed using the most recent emission factor values. Once released, the GHG inventory will contain the most up-to-date emission factor values. Any comments on the emission factor values should be directed to the GHG inventory process once it begins.

Written comments on the proposed guidance may be submitted to NYSDEC, 625 Broadway, Albany, NY 12233-3254, ATTN: Mark Lanzafame, P.E., or by e-mail to air.regs@dec.ny.gov. Written statements must be submitted to NYSDEC by 5 p.m. February 7, 2022.

Proposed Part 203 Oil and Natural Gas Sector

Comment period closed.

To support the goals and requirements of the Climate Leadership and Community Protection Act, this proposed rulemaking aims to lower methane and VOC emissions for new and existing sources in NY's oil and natural gas sector. The proposed rulemaking also fulfills the requirements of EPA's 2016 Control Techniques Guidelines for the oil and gas industry.

Recent Adoptions

Adopted Policy DAR-1: Guidelines for the Evaluation and Control of Ambient Air Contaminants Under 6NYCRR Part 212 - Effective July 23, 2021 (PDF)

The Department has amend DAR-1: Guidelines for the Evaluation and Control of Ambient Air Contaminants Under 6NYCRR Part 212 (PDF), 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. The Assessment of Public Comments (PDF) are available for download.

Adopted Policy DAR-11: Electronic Reporting for Air Facilities - Effective September 7, 2021

The Department amended DAR-11: Electronic Reporting for Air Facilities (PDF), to update the policy which establishes the methods and procedures to be used by the owners and/or operators of Title V facilities when submitting reports, certifications, emissions statements or other items required in their Title V air permits.

Adopted Part 201 Permits and Registrations, and Part 200 General Provisions - Effective February 25, 2021 (PDF)

The Department is adopting 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 revises 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, Section 212-2.2, Table 2 - High Toxicity Air Contaminant (HTAC) list has been revised to make it consistent with Table 1 of Subpart 201-9. Finally, several minor changes have been made to Part 212 to improve the clarity of its requirements.

Adopted Subpart 202-2 Emission Statements, and Part 200 General Provisions - Effective December 3, 2020

The Department is revising 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.

Adopted Part 218 Emission Standards for Motor Vehicles and Motor Vehicle Engines - Adopted December 29, 2021 (PDF)

The Department has adopted amendments to 6 NYCRR Part 218 and 6 NYCRR Section 200 to incorporate California's medium- and heavy-duty zero emission vehicle (ZEV) sales requirement and large entity reporting requirement, also referred to as the "Advanced Clean Trucks" (ACT) regulation.

Adopted Subpart 225-1 Fuel Composition and Use - Sulfur Limitations - Effective February 4, 2021 (PDF)

The Department has adopted the proposed revisions to 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 adopted revisions to Subpart 225-1 add process sources and incinerators as stationary emission sources to which these revisions will apply in New York State (NYS). The adopted revisions also lower the sulfur-in-fuel limit for waste oil and correct minor typographical errors. Finally, the adopted revisions remove both 6 NYCRR subdivision 225-1.3(e) which cited 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 adopted revisions to Subpart 225-1 will be a component of the NYS State Implementation Plan.

Adopted Subpart 227-1 Stationary Combustion Installations, and Part 200 General Provisions - Effective February 25, 2021 (PDF)

The Department has repealed Subpart 227-1, Stationary Combustion Installations and adopted the replacement 6 NYCRR Subpart 227-1, as well as attendant provisions under Part 200, General Provisions. The adopted Subpart 227-1 includes lower particulate matter (PM) emission limits for existing and new stationary combustion installations that either predate, or are not subject to, a federal new source performance standard and/or national emissions standard for hazardous air pollutants. In addition, the Department has adopted revisions to Part 200 which incorporate by reference the applicable federal rule provisions. Adopted Subpart 227-1 will be submitted to EPA as a revision to the PM State Implementation Plan for New York State.

Adopted Part 230 Gasoline Dispensing Sites and Transport Vehicles, and Part 200 General Provisions - Effective February 11, 2021 (PDF)

The Department has adopted a new Part 230 Gasoline Dispensing Sites and Transport Vehicles. New Part 230 further controls volatile organic compound emissions from gasoline dispensing sites and transport vehicles in New York State (NYS) by updating an outdated regulation, adding what is already required by federal regulation (40 CFR Part 63 Subpart CCCCCC) and removing Stage II vapor recovery control systems that have been replaced by on-board refueling and vapor recovery systems. The Department has also revised Part 200 General Provisions. Revisions to Part 200 incorporate by reference applicable federal and California Air Resources Board test methods; inspection procedures; and gasoline tanker truck marking, reporting and record retention provisions which are required by new Part 230. The adopted new Part 230 will be a component of the NYS State Implementation Plan.

Adopted Part 231 New Source Review, and Part 200 General Provisions - Effective February 25, 2021 (PDF)

The Department has adopted the proposed revisions to Part 231 to conform to changes in the federal New Source Review (NSR) rule and related court rulings, including changes to NSR applicability based on emissions of greenhouse gases (GHGs) and certain monitoring and impact assessment requirements for particulate matter or particles with an aerodynamic diameter less than or equal to 2.5 micrometers (PM-2.5). The Department is also proposing to revise Part 231 to update the listed Global Warming Potentials, remove specific references to dispersion modeling guidance, and specify when oxides of nitrogen offsets can be used for both ozone and PM-2.5. Lastly, this proposed rule will make clarifying changes and fix minor typographical errors.

Adopted Part 235 Consumer Products, and Part 200 General Provisions - Effective February 11, 2021 (PDF)

DEC is adopting Part 235 Consumer Products and Part 200 General Provisions to reduce Volatile Organic Compound (VOC) emissions from consumer products - those products used in the average household. Part 235 regulates many items used in and around the home, including cleaners, disinfectants, paint thinners, personal care products, and automotive fluids. The regulations set VOC content limits for new product categories and lower the VOC content limits for existing product categories. The Table of Standards is being updated to conform to the revised definitions, reflect new product categories, and provide the VOC limitations applicable to the products. This rulemaking will also make attendant changes to Part 200 regarding referenced documents.

Adopted Part 242 CO2 Budget Trading Program, and Part 200 General Provisions - Effective December 31, 2020

The Department has adopted revisions to Part 242 to reflect the Regional Greenhouse Gas Initiative (RGGI) program changes set forth in the updated RGGI Model Rule. The revisions to Part 200 update incorporated references.

Adopted Subpart 482-2 Operating Program Fee - Effective date: June 30, 2021 (PDF)

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.


More about Air Pollution Regulatory Revisions:

  • Proposed Part 203 Oil and Natural Gas Sector - The primary need for this rulemaking is to protect the health and welfare of NY residents and resources by: 1) reducing methane, a greenhouse gas, in support of the goals of the Climate Leadership and Community Protection Act, 2) reducing associated VOCs, an ozone precursor, and 3) fulfilling the requirements of EPA's 2016 Control Techniques Guidelines for the oil and gas industry.
  • Adopted Subpart 202-2 Emission Statements - Changes to Subpart 202-2 Emission Statements, and Part 200 General Provisions
  • Adopted Part 242 CO2 Budget Trading Program - Proposed changes to Part 242 CO2 Budget Trading Program, and Part 200 General Provisions
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