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Air Pollution Regulatory Revisions

Recently Proposed and Adopted Regulations & Policies

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Proposed Rulemakings

Proposed Part 219, Incinerators

The Department is proposing to repeal and replace 6 NYCRR Subpart 219-4 and sunset Subparts 219-5 and 219-6. The new Subpart 219-4 would apply to all human and animal crematories operating throughout the state. The Department is also proposing to add 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.

Proposed Part 222, Distributed Generation Sources

The Department is proposing to adopt a new 6 NYCRR Part 222, "Distributed Generation Sources" to replace the rule adopted on November 1, 2016. The new rule would apply to demand response and price-responsive generation sources located in the New York City metropolitan area as defined at 6 NYCRR Part 200.1(au).

Proposed Subpart 225-2, Fuel Composition and Use - Waste Oils

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 218-7, Aftermarket Parts

The Department is proposing to amend Part 218 to incorporate revisions to aftermarket catalytic converter (AMCC) standards incorporated in the low emission vehicle (LEV) program; and to update various provisions incorporated by reference in Part 200. Following adoption, Subpart 218-7 will be submitted to EPA as a revision to the State Implementation Plan for New York State.

Proposed Subpart 227-1, Stationary Combustion Installations

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 227-3, Ozone Season Oxides of Nitrogen (NOx) Emission Limits for Simple Cycle and Regenerative Combustion Turbines

The Department is proposing revisions to new 6 NYCRR Subpart 227-3 for review and comment. The primary goal of Subpart 227-3 is to establish lower oxides of nitrogen (NOx) emissions standards for simple cycle and regenerative combustion turbines during the ozone season. This revised proposal includes changes resulting from comments submitted in regard to the original proposed rule.

Proposed Part 257, Air Quality Standards and Classifications

Part 257, Subparts 257-2 through 257-10, list 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 proposed to be repealed or revised.

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

The proposal for Subpart 227-2 will entail the removal of dated references, emission limitations, and practices. The proposal 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.

Proposed DAR-9: Dry Cleaning Enforcement Guidance

The Department is proposing to repeal the DAR-9: Dry Cleaning Enforcement Guidance program policy document. DAR-9 should be repealed because all regulatory citations have been changed and the enforcement policies are no longer applicable due to the March 10, 2018 revisions to Part 232 that address alternative solvents in addition to perchloroethylene.

Proposed Part 205, Architectural and Industrial Maintenance (AIM) Coatings

The Department is revising 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.

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.

Recent Adoptions

Adopted Part 226, Solvent [Metal] Cleaning Processes and Industrial Cleaning Solvents - 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 Part 208, Landfill Gas Collection and Control Systems for Certain Municipal Solid Waste Landfills - 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 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).

Adopted Part 251, CO2 Performance Standards for Major Electric Generating Facilities - 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 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines - Effective date: May 5, 2019

The Department is adopting amendments to 6 NYCRR Part 218 and 6 NYCRR Section 200.9 to incorporate California's latest greenhouse gas (GHG) revisions, which clarify the deemed to comply provision, into New York's existing low emission vehicle (LEV) program.

Adopted Part 243 CSAPR NOx Ozone Season Group 2 Trading Program, Part 244 CSAPR NOx Annual Trading Program, and Part 245 CSAPR SO2 Group 1 Trading Program - Effective date: January 2, 2019

This set of regulations allows the Department to allocate Cross State Air Pollution Rule (CSAPR) allowances to regulated electric generating units in New York. In addition, attendant changes will be made to 6 NYCRR Part 200 General Provisions.


More about Air Pollution Regulatory Revisions:

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