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Air Pollution Regulatory Revisions

Recently Proposed and Adopted Regulations & Policies

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Proposed Rulemakings

Subpart 217-5 Heavy Duty Inspection and Maintenance Program (PDF)

The Department is proposing a revision to 6 NYCRR Subpart 217-5, "Heavy Duty Inspection and Maintenance Program." The existing Heavy-Duty Diesel Vehicle Inspection/Maintenance Program (HDDV I/M) began in 1999 and requires official diesel emission inspection stations (ODEIS) to annually conduct smoke opacity emission testing for applicable HDDVs registered in the New York Metropolitan Area (NYMA). The proposed rule revision would revise HDDV I/M requirements to be implemented through the next statewide New York Vehicle Inspection Program (NYVIP3). The proposed revisions to Subpart 217-5 are necessary to reflect NYVIP3 program requirements; improve the enforcement of HDDV I/M; revise smoke opacity cutpoints; allow the Department to more effectively audit ODEIS; and complement the implementation of the statewide NYVIP3 program. Attendant revisions are also being made to 6 NYCRR Part 200, "General Provisions."

The Department will hold a virtual public comment hearing at 6:00 p.m. on January 24, 2023, and accept written comments through 5:00 p.m. on January 30, 2023. Written comments may be submitted to NYSDEC, 625 Broadway, Albany, NY 12233-3254, ATTN: James Clyne, P.E., or by e-mail to

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.

Comment period closed.

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 Written statements must be submitted to NYSDEC by 5 p.m. February 7, 2022.

Recent Adoptions

Adopted Part 203 Oil and Natural Gas Sector, and Part 200 General Provisions - Effective March 3, 2022 (PDF)

The Department is adopting 6 NYCRR Part 203 and Part 200. Part 203 will regulate volatile organic compounds (VOCs) and methane (CH4) emissions from the oil and gas sector. This regulation will fulfil three New York State obligations: (1) reduce greenhouse gases (GHGs) in support of the requirements of the Climate Leadership and Community Protection Act (CLCPA), (2) reduce associated VOCs, and (3) fulfill the requirements of the Environmental Protection Agency's (EPA) 2016 Control Techniques Guidelines (CTG) for the oil and gas industry.

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 482-2 Operating Program Fee - Effective date: June 29, 2022 (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.

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    Albany, NY 12233-3250
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