Home » 2010 Issues » April 21, 2010 » ENV-43-09-00007-A The CAIR Rules Are the NYS Components of Regional Cap-and-Trade Programs That Apply Primarily to Large Fossil Fuel-Fired EGUs
ENV-43-09-00007-A The CAIR Rules Are the NYS Components of Regional Cap-and-Trade Programs That Apply Primarily to Large Fossil Fuel-Fired EGUs
4/21/10 N.Y. St. Reg. ENV-43-09-00007-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-43-09-00007-A
Filing No. 392
Filing Date. Apr. 06, 2010
Effective Date. s , 30 d
The CAIR Rules Are the NYS Components of Regional Cap-and-Trade Programs That Apply Primarily to Large Fossil Fuel-Fired EGUs
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Parts 200, 243, 244 and 245 of Title 6 NYCRR.
The CAIR rules are the NYS components of regional cap-and-trade programs that apply primarily to large fossil fuel-fired EGUs.
Purpose:
Mitigate interstate transport of NO and SO to help reduce ozone and fine particulate formation in eastern U.S. CAIR states.
Text or summary was published
in the October 28, 2009 issue of the Register, I.D. No. ENV-43-09-00007-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 New York State Department of Environmental Conservation (the Department) proposes to revise the terms of 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 (collectively, the NYS CAIR rules) to incorporate changes to the model federal regulations on which the three NYS CAIR rules are based, and make minor clarifications and corrections to the NYS CAIR rules.
The NYS CAIR rules are the New York State components of regional cap-and-trade programs that apply primarily to large fossil fuel-fired electricity generating units (EGUs) in a region encompassing the District of Columbia and twenty-seven States in the eastern United States. With the exception of the inclusion of certain additional sources under Part 243, the NYS CAIR rules apply to EGUs having a nameplate capacity greater than 25 megawatts electrical (MWe) producing electricity for sale. Part 243 also covers all sources that were covered under Part 204, NO Budget Trading Program, including cement manufacturers, certain large industrial sources, and EGUs with a nameplate capacity equal to or greater than 15 MWe.
The Department proposed revisions to Parts 243, 244, and 245 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 a written comment on New York's Clean Air Interstate Program (CAIR) Program from one interested party. This comment is summarized and responded to in this document.
COMMENTS
1. Comment - The Adirondack Council supports these regulations as they seek to comply with federal requirements of the CAIR program and prevent any unnecessary duplication for the regulated sector. While CAIR is far from perfect, as the United States Circuit Court of Appeals for the District of Columbia has shown, it is currently the best program available. While we wait for either a revised CAIR rule or federal legislation, CAIR must be implemented to the best of the state's ability. We applaud the state for taking the necessary steps to be in line with the requirements of CAIR in a timely fashion.
In addition, we believe 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.
