Home » 2010 Issues » April 21, 2010 » ENV-43-09-00004-A Parts 204, 237 and 238 Implement Cap-and-Trade Programs that Help Reduce NOx and SO2 Emissions from Major Stationary Sources
ENV-43-09-00004-A Parts 204, 237 and 238 Implement Cap-and-Trade Programs that Help Reduce NOx and SO2 Emissions from Major Stationary Sources
4/21/10 N.Y. St. Reg. ENV-43-09-00004-A
NEW YORK STATE REGISTER
VOLUME XXXII, ISSUE 16
April 21, 2010
RULE MAKING ACTIVITIES
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF ADOPTION
I.D No. ENV-43-09-00004-A
Filing No. 390
Filing Date. Apr. 06, 2010
Effective Date. s , 30 d
Parts 204, 237 and 238 Implement Cap-and-Trade Programs that Help Reduce NOx and SO2 Emissions from Major Stationary Sources
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Parts 200, 237 and 238; and repeal of Part 204 of Title 6 NYCRR.
Parts 204, 237 and 238 implement cap-and-trade programs that help reduce NOx and SO2 emissions from major stationary sources.
Purpose:
This rulemaking will repeal Part 204 and render Parts 237 and 238 inoperative after the 2009-2010 control periods.
Text or summary was published
in the October 28, 2009 issue of the Register, I.D. No. ENV-43-09-00004-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Michael Miliani, P.E., NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, (518) 402-8396, email: airregs@gw.dec.state.ny.us
Additional matter required by statute:
Pursuant to Article 8 of the State Environmental Quality Review Act, a Short Environmental Assessment Form, a Negative Declaration and a Coastal Assessment Form have been prepared and are on file. This rule was approved by the Environmental Board.
Assessment of Public Comment
INTRODUCTION
The Department intends to (1) repeal 6 NYCRR Part 204, NO Budget Trading Program, (2) render inoperative 6 NYCRR Part 237, Acid Deposition Reduction NO Budget Trading Program upon completion of the 2009-2010 control period, and (3) render inoperative 6 NYCRR Part 238, Acid Deposition Reduction SO Budget Trading Program, upon completion of the 2010 control period. These rules have essentially been superseded by 6 NYCRR Part 243, CAIR NO Ozone Season Trading Program, 6 NYCRR Part 244, CAIR NO Annual Trading Program, and 6 NYCRR Part 245, CAIR SO Trading Program (the NYS CAIR rules). These proposed regulatory revisions will prevent affected sources from needing to comply with duplicative programs.
The Department proposed revisions to Parts 204, 237, and 238 on October 13, 2009. Hearings were held in Albany on December 1, 2009, in Avon on December 2, 2009, and in Long Island City on December 3, 2009. The comment period closed at 5:00 P.M. on December 10, 2009. The Department received written comments on New York's NO Budget Trading Program and Acid Deposition Reduction Budget Trading Programs from two interested parties. These comments are summarized and responded to in this document.
COMMENTS
1. Comment - NRG agrees with the purpose and goals of these revisions. However, NRG recommends that Parts 237, and 238 be rescinded effective 4/30/2009 for Part 237 and 12/31/2009 for Part 238. As proposed they will remain in effect for the purposes of compliance certifications for the final control periods and any enforcement actions. Because the programs have a large surplus of allowances enforcement is likely an issue only if an affected source forgets to submit paperwork, not because the goals of the programs will not be met. Therefore the programs should be ended as soon as possible. Moreover, there might be savings if the electronic allowance tracking system is turned off sooner rather than later.
NRG strongly endorses the decision that it will not be necessary for subject sources to initiate the removal of permit conditions associated with the repealed regulations.
Response - The Department agrees with this comment and has made every effort to rescind Parts 237 and 238 as expeditiously as possibly. However, the compliance period for Part 237 had begun prior to the Department's adoption of the proposed rule revisions. The Department is not able to retroactively rescind a rule. The Department has revised Parts 237 and 238 to become inoperative as soon as practically possible. The Department cannot assume that there will be no violations associated with the implementation of these rules and must assure compliance with them.
2. Comment - The Adirondack Council supports these regulations and believes that it is likewise important to remove any redundancy that could be viewed as an impediment for businesses in New York. Power plants, both in New York and across the nation, can and should do more to reduce the emissions that cause acid rain, however, having unnecessary regulatory language is not helpful. The Council favors the removal of unnecessary language as long as the overall effectiveness of the programs is in no way compromised.
Response - The Department appreciates this comment and the support of the Adirondack Council.
