reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 244 - Transport Rule No[x] Annual Trading Program › Section 244.3 - CSAPR NO[x] Annual Trading Program budgets

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The CSAPR NOx
				  Annual Trading Program budget for the 2017 control period and beyond is defined
				  in
				  40
				  CFR 97.410(a)(14)(iv) (see
				  Table 1, section
				  200.9 of this
				  title)
(b) The department will
				  allocate allowances in whole ton increments from the CSAPR
				  NOx Annual Trading Program budgets for the 2017 control
				  period and beyond in the following manner:
(1) Five percent of the CSAPR
				  NOx Annual Trading Program budget will be allocated to
				  the new unit set-aside account.
(2)
				  Allowances totaling the average emissions for the three most recent calendar
				  years of all CSAPR NOx Annual units in New York State
				  for which at least three full calendar years of emissions data are available
				  before the allocation submission deadline for the control period under section
				  244.4 
				  of this part will be proportionally allocated to each of such individual CSAPR
				  NOx Annual units. For purposes of this paragraph,
				  emissions data indicating zero emissions will be deemed available for a unit
				  for any reporting period for which the unit either reports zero emissions or
				  does not report emissions data after being required to report emissions data
				  for that reporting period or a previous reporting period.
(3) After the department allocates based on
				  paragraphs (1) and (2) of this subdivision, the EERET account will receive the
				  remainder of allowances from the CSAPR NOx Annual
				  Trading Program budget except any allowances reserved for an Indian country new
				  unit set-aside under
				  40
				  CFR 97.410(a) (14)(vi) (see
				  Table 1, section
				  200.9 of this
				  title).
(i) The EERET account will be
				  allocated a minimum of 10 percent of the CSAPR NOx
				  Annual Trading Program budget.
(ii)
				  If paragraphs (1)-(3) of this subdivision result in an EERET account allocation
				  of less than 10 percent of the CSAPR NOx Annual Trading
				  Program budget, the allowances allocated under paragraph (2) of this
				  subdivision will be reduced proportionally by the amounts necessary to ensure
				  that 10 percent of the CSAPR NOx Annual Trading Program
				  budget is allocated to the EERET account.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 244 - Transport Rule No[x] Annual Trading Program › Section 244.4 - Timing requirements for CSAPR NO[x] Annual allowance allocations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) By December 1, 2015, the department will
				  submit to the Administrator, in a format prescribed by the Administrator, the
				  CSAPR NOx Annual allowance allocations determined in
				  accordance with section
				  244.3 
				  of this part, for the 2017 and 2018 control periods.
(b) By June 1, 2017, the department will
				  submit to the Administrator, in a format prescribed by the Administrator, the
				  CSAPR NOx annual allowance allocations determined in
				  accordance with section
				  244.3 
				  of this part for the 2019 and 2020 control periods.
(c) By June 1, 2019 and June 1st of each year
				  thereafter, the department will submit to the Administrator, in a format
				  prescribed by the Administrator, the CSAPR NOx annual
				  allowance allocations determined in accordance with section
				  244.3 
				  of this part for the control period in the fourth year following the year of
				  the submission deadline.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 244 - Transport Rule No[x] Annual Trading Program › Section 244.6 - Energy Efficiency and Renewable Energy Technology Account

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department will allocate allowances
				  to a CSAPR NOx Annual EERET account from the CSAPR
NOx annual trading budget for each
					 control period. NYSERDA is required to make all the allowances in the EERET
					 account available for sale on the open market no later than 30 days after
					 receipt of the allowances by the EERET account.
(b) Should NYSERDA fail to, or be unable to,
				  receive CSAPR NOx Annual allowances into the EERET
				  account for any control period, the affected allowances will be forfeited to
				  the department.
(c) Should NYSERDA
				  fail to, or be unable to, sell or distribute CSAPR NOx
				  Annual allowances that have been allocated to the EERET account within 12
				  months of the date the CSAPR NOx Annual allowances are
				  allocated under subdivision (a) of this section, all subject CSAPR
				  NOx Annual allowances remaining in the account will be
				  forfeited to the department.
(d) By
				  July 1st following the forfeiture of the allowances to the department, the
				  department reserves the authority to retire or allocate any unused allowances
				  on the condition that the number of CSAPR NOx Annual
				  allowances that will be transferred to the compliance account covering an
				  existing CSAPR NOx Annual unit will not cause the unit's
				  total allocation for the control period to exceed its potential to emit. The
				  allocation procedure set forth in section
				  244.3 
				  of this part will be used to allocate allowances forfeited to the department to
				  CSAPR NOx Annual units.
(e) The provisions of subdivisions (a)
				  through (d) of this section will apply with respect to any allowances
				  transferred by the Administrator to the department for disposition in
				  accordance with
				  40 CFR
				  97.412(b) (10)(ii) (see
				  Table 1, section
				  200.9 of this
				  title).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 245 - Transport Rule So[2] Group 1 Trading Program › Section 245.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Part 245
				  establishes the CSAPR SO2 Group 1 Trading Program
				  allowance allocation process as applicable to units in New York State with
				  regard to the control periods of 2017 and subsequent years. Applicability for
				  this program is defined at
				  40
				  CFR 97.604 (see Table 1, section
				  200.9 of this
				  Title)
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 245 - Transport Rule So[2] Group 1 Trading Program › Section 245.3 - CSAPR SO[2] Group 1 Trading Program budgets

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The CSAPR SO2
				  Group 1 Trading Program budget for the 2017 control period and beyond is
				  defined in
				  40
				  CFR 97.610(a)(9)(iv) (see
				  Table 1, section
				  200.9 of this
				  title).
(b) The department will
				  allocate allowances in whole ton increments from the CSAPR
				  SO2 Group 1 Trading Program budgets for the 2017 control
				  period and beyond in the following manner:
(1) Five percent of the CSAPR
				  SO2 Group 1 Trading Program budget will be allocated to
				  the new unit set-aside account.
(2)
				  Allowances totaling the average emissions for the three most recent calendar
				  years of all CSAPR SO2 Group 1 units in New York State
				  for which at least three full calendar years of emissions data are available
				  before the allocation submission deadline for the control period under section
				  245.4 
				  of this part will be proportionally allocated to each of such individual CSAPR
				  SO2 Group 1 units. For purposes of this paragraph,
				  emissions data indicating zero emissions will be deemed available for a unit
				  for any reporting period for which the unit either reports zero emissions or
				  does not report emissions data after being required to report emissions data
				  for that reporting period or a previous reporting period.
(3) After the department allocates based on
				  paragraphs (1) and (2) of this subdivision, the EERET account will receive the
				  remainder of allowances from the CSAPR SO2 Group 1
				  budget except any allowances reserved for an Indian country new unit set-aside
				  under
				  40
				  CFR 97.610(a)(9)(vi) (see
				  Table 1, section
				  200.9 of this
				  title).
(i) The EERET account will be
				  allocated a minimum of 10 percent of the CSAPR SO2 Group
				  1 Trading Program budget.
(ii) If
				  paragraphs (1)-(3) of this subdivision result in an EERET account allocation of
				  less than 10 percent of the CSAPR SO2 Group 1 Trading
				  Program budget, the allowances allocated under paragraph (2) of this
				  subdivision will be reduced proportionally by the amounts necessary to ensure
				  that 10 percent of the CSAPR SO2 Group 1 Trading Program
				  budget is allocated to the EERET account.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 245 - Transport Rule So[2] Group 1 Trading Program › Section 245.4 - Timing requirements for CSAPR SO[2] Group 1 allowance allocations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) By December 1, 2015, the department will
				  submit to the Administrator, in a format prescribed by the Administrator, the
				  CSAPR SO2 Group 1 allowance allocations determined in
				  accordance with section
				  245.3 
				  of this part, for the 2017 and 2018 control periods.
(b) By June 1, 2017, the department will
				  submit to the Administrator, in a format prescribed by the Administrator, the
				  CSAPR SO2 Group 1 allowance allocations determined in
				  accordance with section
				  245.3 
				  of this part for the 2019 and 2020 control periods.
(c) By June 1, 2019 and June 1st of each year
				  thereafter, the department will submit to the Administrator, in a format
				  prescribed by the Administrator, the CSAPR SO2 Group 1
				  allowance allocations determined in accordance with section
				  245.3 
				  of this part for the control period in the fourth year following the year of
				  the submission deadline.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 245 - Transport Rule So[2] Group 1 Trading Program › Section 245.6 - Energy Efficiency and Renewable Energy Technology Account

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department will allocate allowances
				  to a CSAPR SO2 Group 1 EERET account from the CSAPR
				  SO2 Group 1 trading budget for each control period.
				  NYSERDA is required to make all the allowances in the EERET account available
				  for sale on the open market no later than 30 days after receipt of the
				  allowances by the EERET account.
(b) Should NYSERDA fail to, or be unable to,
				  receive CSAPR SO2 Group 1 allowances into the EERET
				  account for any control period, the affected allowances will be forfeited to
				  the department.
(c) Should NYSERDA
				  fail to, or be unable to, sell or distribute CSAPR SO2
				  Group 1 allowances that have been allocated to the EERET account within 12
				  months of the date the CSAPR SO2 Group 1 allowances are
				  allocated under subdivision (a) of this section, all subject CSAPR
				  SO2 Group 1 allowances remaining in the account will be
				  forfeited to the department.
(d) By
				  July 1st following the forfeiture of the allowances to the department, the
				  department reserves the authority to retire or allocate any unused allowances
				  on the condition that the number of CSAPR SO2 Group 1
				  allowances that will be transferred to the compliance account covering an
				  existing CSAPR SO2 Group 1 unit will not cause the
				  unit's total allocation for the control period to exceed its potential to emit.
				  The allocation procedure set forth in section
				  245.3 
				  of this part will be used to allocate allowances forfeited to the department to
				  CSAPR SO2 Group 1 units.
(e) The provisions of subdivisions (a)
				  through (d) of this section will apply with respect to any allowances
				  transferred by the Administrator to the department for disposition in
				  accordance with
				  40 CFR section
				  97.612(b)(10)(ii) (see Table
				  1, section
				  200.9 of this
				  title).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 246 - MERCURY REDUCTION PROGRAM FOR COAL-FIRED ELECTRIC UTILITY STEAM GENERATING UNITS › Section 246.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				  provided in subdivision (b) of this section:
(1) any stationary, coal-fired boiler or
				  stationary, coal-fired combustion turbine serving at any time, since the later
				  of November 15, 1990 or the startup of the unit's combustion chamber, a
				  generator with nameplate capacity of more than 25 MWe producing electricity for
				  sale;
(2) if a stationary boiler or
				  stationary combustion turbine that is not subject under paragraph (1) of this
				  section, begins to combust coal or coal-derived fuel or to serve a generator
				  with nameplate capacity of more than 25 MWe producing electricity for sale, the
				  unit shall become applicable as provided in paragraph (1) of this section on
				  the first date on which it both combusts coal or coal-derived fuel and serves
				  such generator.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 246 - MERCURY REDUCTION PROGRAM FOR COAL-FIRED ELECTRIC UTILITY STEAM GENERATING UNITS › Section 246.3 - Standard requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Mercury Reduction Program (MRP) requirements.
(1) an existing MRP facility shall be subject
				  to the requirements of section
				  246.5 
				  of this Part, for the MRP control periods between January 1, 2010 and December
				  31, 2014; and
(2) an existing MRP
				  unit shall be subject to the requirements of section
				  246.6 
				  of this Part, beginning on January 1, 2015; and
(3) a new MRP unit shall be subject to the
				  requirements of section
				  246.6 
				  of this Part upon commencing operation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 246 - MERCURY REDUCTION PROGRAM FOR COAL-FIRED ELECTRIC UTILITY STEAM GENERATING UNITS › Section 246.4 - Mercury reduction program permit requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For a MRP facility whose title V permit
				  expires before January 1, 2009, the owner or operator shall include the
				  requirements of this Part as applicable requirements in the title V permit
				  renewal application in accordance with Part 201 of this Title. If the effective
				  date of the applicable requirement is later than the date on which the renewed
				  permit will expire, such requirement can be included in the following title V
				  renewal application and renewed title V permit.
(b) For a MRP facility whose title V permit
				  will expire on or after January 1, 2009, the department shall reopen such
				  permit in accordance with Part 201- 6.5(i) of this Title to include Part 246 of
				  this Title applicable requirements.
(c) The following information concerning a
				  MRP unit and/or facility shall be included in the title V permit application
				  and/or renewed or modified title V permit:
(1) description of the MRP facility,
				  including plant name, ORIS ID;
(2)
				  description of each MRP unit at the MRP facility; and
(3) all applicable requirements of this
				  Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 246 - MERCURY REDUCTION PROGRAM FOR COAL-FIRED ELECTRIC UTILITY STEAM GENERATING UNITS › Section 246.5 - Mercury Reduction Program facility-wide emission limits for existing units

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Upon the effective date of this Part, the facility-wide mercury emission
				  limitation contained in Table 1 will be in effect for the MRP mercury control
				  periods of 2010 through December 31, 2014.
Table 1
Facility
DEC Identification #
Facility-wide Hg Emission Limit (lb/year) 2010
								- 2014
AES Cayuga
7-0532-00019
73.0
AES Greenidge
8-5736-00004
35.0
AES Somerset
9-2938-00003
151.0
AES Westover
7-0346-00045
30.0
Huntley Steam Generating
9-1464-00130
110.0
Dunkirk Steam Generating
9-0603-00021
106.0
Danskammer Generating Station
3-3346-00011
72.0
Lovett Generating Station
3-3928-00010
64.0
RGE - Russell Station
8-2628-00068
48.0
Samuel A Carlson Generating Station
9-0608-00053
8.0
Trigen Syracuse Energy Corp.
7-3132-00052
21.0
Niagara Generation
9-2911-00152
12.0
Black River Generation, LLC
6-2240-00009
16.0
Total
746.0
(b)
				  The facility-wide emission limitations in subdivision (a) of this section
				  represent the allowable mercury emissions for each MRP facility for the control
				  periods in 2010 through 2014.
(1) The sum of
				  mass mercury emissions (in lb) from each applicable existing MRP unit at a MRP
				  facility identified in Table 1 below shall not exceed the facility-wide mercury
				  emission limitation (in lb/year) set forth in Table 1 beginning in the MRP
				  control period of 2010 and continuing through 2014.
(2) Compliance with the facility-wide mercury
				  emission cap for each MRP control period will be based upon a 12-month total,
				  rolled monthly, reported quarterly.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 246 - MERCURY REDUCTION PROGRAM FOR COAL-FIRED ELECTRIC UTILITY STEAM GENERATING UNITS › Section 246.6 - Mercury reduction program unit limits for new and existing units

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At the time a
				  MRP unit commences operation, each new unit:
(1) shall not exceed the emission limit of
				  0.6 pounds of mercury per trillion Btu (0.6 lb Hg/ TBtu) from the firing of
				  coal or coal-derived fuel. Compliance with this emission limit shall be
				  determined on a 30-day rolling average, rolled daily, reported quarterly in
				  accordance with sections
				  246.7
				  through
				  246.13 
				  of this Part; or
(2) if one or more
				  units are utilizing a common stack, the average emission limit shall not exceed
				  0.6 pounds of mercury per trillion Btu (0.6 lb Hg/TBtu) from the firing of coal
				  or coal- derived fuel across all operating units of the common stack.
				  Compliance with this emission limit shall be determined on a 30- day rolling
				  average, rolled daily, reported quarterly in accordance with the provisions of
				  sections
				  246.7
				  through
				  246.13 
				  of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 246 - MERCURY REDUCTION PROGRAM FOR COAL-FIRED ELECTRIC UTILITY STEAM GENERATING UNITS › Section 246.7 - Monitoring and reporting

Current through Register Vol. 46, No. 28, July 10, 2024
General requirements. Any owner or operator of a MRP
					 facility shall comply with the monitoring, recordkeeping, and reporting
					 requirements as provided in this section, 6 NYCRR Part 201, and  40 CFR 75
					  subpart I. For purposes of complying with such requirements, the definitions in
					 section
					 246.1  of this Part,
					 40
					 CFR 72.2, and        40 CFR 75        subpart I shall
					 apply. The terms affected unit and continuous emission monitoring system (or
					 CEMS) contained in 40 CFR 75 subpart I shall be deemed to refer to the terms
					 Mercury Reduction Program unit, and continuous emission monitoring system (or
					 CEMS) respectively, as defined in section
					 246.1  of this Part.
					 The owner or operator of a unit that is not a MRP unit but that is monitored
					 under  40 CFR section 75.82(b)(2)(i)  shall comply with the same monitoring,
					 recordkeeping, and reporting requirements as a MRP unit.
(a) Requirements for installation,
				  certification, and data accounting. The owner or operator of each MRP unit
				  shall:
(1) install all monitoring systems
				  required under sections 246.7 through
				  246.13 
				  of this Part for monitoring mercury mass emissions and individual unit heat
				  input (including all systems required to monitor mercury concentration, stack
				  gas moisture content, stack gas flow rate, and CO 2 or O
				  2 concentration, as applicable) in accordance with  40
				  CFR 75.81,  40 CFR 75.82, and  40 CFR 60  Appendix B - Performance Specification
				  12A;
(2) successfully complete all
				  certification tests required under section
				  246.8 
				  of this Part and meet all other requirements of sections 246.7 through
				  246.13 
				  of this Part, and of 40 CFR 75 subpart I of applicable to the monitoring
				  systems under paragraph (1) of this subdivision; and
(3) record and report the data from the
				  monitoring systems under paragraph (1) of this subdivision in accordance with
				   40 CFR 75.84 ; and
(4) quality
				  assure the data from the monitoring systems under paragraph (1) of this
				  subdivision in accordance with  40 CFR 75.80(e).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 246 - MERCURY REDUCTION PROGRAM FOR COAL-FIRED ELECTRIC UTILITY STEAM GENERATING UNITS › Section 246.8 - Initial monitoring certification and recertification procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) the owner or
				  operator of a MRP unit shall be exempt from the initial certification
				  requirements of this section for a monitoring system under section
				  246.7(a)(1) 
				  if the following conditions are met:
(1) the
				  monitoring system has been previously certified in accordance with 40 CFR part
				  75; and
(2) for continuous emission
				  monitoring systems, the applicable quality- assurance and quality-control
				  requirements of
				  40 CFR
				  75.21 and        40 CFR 75        Appendix B are fully met
				  for the certified monitoring system described in paragraph (1) of this
				  subdivision; or
(3) for sorbent
				  trap monitoring system, the applicable quality-assurance and quality- control
				  requirements of
				  40 CFR
				  75.15,
				  40 CFR
				  75.20(c)(9), in section
				  6.5.7 of Appendix A of 40 CFR 75, 40 CFR 75 Appendix K, and 40 CFR 75 Appendix
				  B sections 1.5 and
				  2.3  of
				  are fully met for the certified monitoring system.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 246 - MERCURY REDUCTION PROGRAM FOR COAL-FIRED ELECTRIC UTILITY STEAM GENERATING UNITS › Section 246.9 - Missing data procedures and out of control periods for continuous monitoring systems

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Whenever any monitoring system fails to meet the quality-assurance and
				  quality-control requirements or data validation requirements of 40 CFR part 75,
				  data shall be substituted using the applicable missing data procedures in  40
				  CFR 75  subpart D.
(b) Audit
				  decertification. Whenever both an audit of a monitoring system and a review of
				  the initial certification or recertification application reveal that any
				  monitoring system should not have been certified or recertified because it did
				  not meet a particular performance specification or other requirement under
				  section
				  246.8 
				  of this Part or the applicable provisions of   40 CFR part 75, both at the time
				  of the initial certification or recertification application submission and at
				  the time of the audit, the department will issue a notice of disapproval of the
				  certification status of such monitoring system. For the purposes of this
				  subdivision, an audit shall be either a field audit or an audit of any
				  information submitted to the department or the administrator. By issuing the
				  notice of disapproval, the department revokes prospectively the certification
				  status of the monitoring system. The data measured and recorded by the
				  monitoring system shall not be considered valid quality-assured data from the
				  date of issuance of the notification of the revoked certification status until
				  the date and time that the owner or operator completes subsequently approved
				  initial certification or recertification tests for the monitoring system. The
				  owner or operator shall follow the applicable initial certification or
				  recertification procedures in this section for each disapproved monitoring
				  system.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 246 - MERCURY REDUCTION PROGRAM FOR COAL-FIRED ELECTRIC UTILITY STEAM GENERATING UNITS › Section 246.10 - Notifications

Current through Register Vol. 46, No. 28, July 10, 2024
The owner or operator for a MRP unit shall submit in
					 writing all required notices to the department and the administrator in
					 accordance with
					 40
					 CFR 75.61.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 246 - MERCURY REDUCTION PROGRAM FOR COAL-FIRED ELECTRIC UTILITY STEAM GENERATING UNITS › Section 246.11 - Recordkeeping and reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Recordkeeping provisions. Owners and operators of a MRP facility shall comply
				  with all recordkeeping requirements in this section and the applicable
				  recordkeeping requirements of  40 CFR 75.84(a) through (c).
(b) Reporting provisions. Owners and
				  operators of a MRP facility shall comply with all reporting requirements in
				  this section and the applicable reporting requirements of  40 CFR 75.84(d)
				  through (f).
(c) Certification
				  applications. The owner or operator of a MRP facility shall submit an
				  application to the department within 45 days after completing all initial
				  certification or recertification tests required under section
				  246.9 
				  of this Part, including the information required under
				  40 CFR
				  75.63.
(d) Quarterly reports. Owners or operators of
				  a MRP facility shall submit quarterly reports, as follows:
(1) Report the Hg mass emissions data and
				  heat input data for the MRP unit, in an electronic quarterly report in a format
				  prescribed by the department and the administrator, for each calendar quarter
				  beginning with:
(i) for a unit that commences
				  commercial operation before July 1, 2008, the calendar quarter covering January
				  1, 2009 through March 31, 2009; or
(ii) for a unit that commences commercial
				  operation on or after July 1, 2008, the calendar quarter corresponding to the
				  earlier of the date of provisional certification or the applicable deadline for
				  initial certification under section
				  246.7(b) 
				  of this Part, unless that quarter is the third or fourth quarter of 2008, in
				  which case reporting shall commence in the quarter covering January 1, 2009
				  through March 31, 2009.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 246 - MERCURY REDUCTION PROGRAM FOR COAL-FIRED ELECTRIC UTILITY STEAM GENERATING UNITS › Section 246.12 - Petitions

Current through Register Vol. 46, No. 28, July 10, 2024
The owner or operator of a MRP unit may submit a petition
					 under
					 40 CFR
					 75.66 to the administrator requesting
					 approval to apply an alternative to any requirement of sections
					 246.7
					 through
					 246.13
					 of this Part. Application of an alternative to any requirement is in accordance
					 with this section and sections
					 246.7
					 through
					 246.13
					 of this Part only to the extent that the petition is approved in writing by the
					 administrator, in consultation with the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 246 - MERCURY REDUCTION PROGRAM FOR COAL-FIRED ELECTRIC UTILITY STEAM GENERATING UNITS › Section 246.13 - Additional requirements to provide heat input data

Current through Register Vol. 46, No. 28, July 10, 2024
The owner or operator of a MRP unit that monitors and
					 reports Hg mass emissions using a mercury concentration monitoring system and a
					 flow monitoring system shall also monitor and report the heat input rate at the
					 unit level using the procedures set forth in  40 CFR part 75.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 246 - MERCURY REDUCTION PROGRAM FOR COAL-FIRED ELECTRIC UTILITY STEAM GENERATING UNITS › Section 246.14 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
Each section, or portion thereof, of this Part shall be
					 deemed severable, and in the event that any section, or portion thereof, of
					 this Part is held to be invalid, the remainder of this Part shall continue in
					 full force and effect.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 247 - Outdoor Wood Boilers › Section 247.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to outdoor wood boilers. Sections
					 247.3 and
					 247.4  of this Part
					 apply generally to all outdoor wood boilers. In addition to the general
					 provisions, sections
					 247.5
					 through
					 247.9  apply
					 specifically to new outdoor wood boilers.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 247 - Outdoor Wood Boilers › Section 247.3 - Prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall
				  operate an outdoor wood boiler that does not meet the requirements set forth in
				  this Part.
(b) Prohibited fuels. No
				  person shall burn any of the following items in an outdoor wood boiler:
(1) wood that does not meet the definition of
				  clean wood;
(2) unseasoned
				  wood;
(3) garbage;
(4) tires;
(5) yard waste, including lawn
				  clippings;
(6) materials containing
				  plastic;
(7) materials containing
				  rubber;
(8) waste petroleum
				  products;
(9) paints or paint
				  thinners;
(10) household or
				  laboratory chemicals;
(11)
				  coal;
(12) paper except as
				  described in section
				  247.4(a)(4) 
				  of this Part;
(13) construction and
				  demolition debris;
(14)
				  plywood;
(15)
				  particleboard;
(16)
				  fiberboard;
(17) oriented strand
				  board;
(18) manure;
(19) animal carcasses;
(20) asphalt products;
(21) salt water driftwood; or
(22) any other fuel that is not recognized as
				  an approved fuel pursuant to section
				  247.4  of this
				  Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 247 - Outdoor Wood Boilers › Section 247.4 - Approved fuels

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person
				  who operates an outdoor wood boiler may only burn the following fuels in such
				  outdoor wood boiler:
(1) seasoned clean
				  wood;
(2) wood pellets made from
				  clean wood;
(3) heating oil in
				  compliance with Subpart 225-1 of this Title, L.P. gas or natural gas may be
				  used as starter fuels for dual fuel-fired outdoor wood boilers;
(4) non-glossy, non-colored papers, including
				  newspaper, may be used only to start an outdoor wood boiler; and
(5) other fuels approved by the department
				  per the certification requirements of section
				  247.8 
				  of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 247 - Outdoor Wood Boilers › Section 247.5 - Residential-size new outdoor wood boilers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Emission limits. In order for a
				  residential-size new outdoor wood boiler to be certified pursuant to section
				  247.8 
				  of this Part, it must not emit particulate emissions at a rate greater than a
				  weighted average of 0.32 pound per million British thermal units heat output
				  using the year-round weighting factors in Test Method 28-OWHH (see table 1,
				  section
				  200.9  of this
				  Title). The particulate emission rate for any test run with a burn rate less
				  than or equal to 1.5 kilograms per hour must not exceed 15 grams per hour. The
				  particulate emission rate for any test run with a burn rate greater than 1.5
				  kilograms per hour must not exceed 18 grams per hour.
(b) Setback. A residential-size new outdoor
				  wood boiler shall not be located less than 100 feet from the nearest property
				  boundary line.
(1) Notwithstanding the above,
				  a residential-size new outdoor wood boiler installed on contiguous agricultural
				  lands larger than five acres shall not be located less than 100 feet or more
				  from the nearest residence not served by the outdoor wood boiler.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 247 - Outdoor Wood Boilers › Section 247.6 - Commercial-size new outdoor wood boilers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A commercial-size new outdoor wood boiler
				  shall not be used in a solely residential application.
(b) Emission limits. In order for a
				  commercial-size new outdoor wood boiler to be certified pursuant to section
				  247.8 
				  of this Part, it must not emit particulate emissions at a rate greater than a
				  weighted average of 0.32 pound per million British thermal units heat output
				  using the year-round weighting factors in Test Method 28-OWHH (see table 1,
				  section
				  200.9  of this
				  Title). Further, the particulate emission rate for any test run must not exceed
				  20 grams per hour.
(c) Setbacks. A
				  commercial-size new outdoor wood boiler shall not be located:
(1) less than 200 feet from the nearest
				  property boundary line;
(2) less
				  than 300 feet from a property boundary line of a residentially zoned property;
				  and
(3) less than 1,000 feet from a
				  school;
(4) notwithstanding the
				  above, a commercial-size new outdoor wood boiler installed on contiguous
				  agricultural lands larger than five acres must be sited 300 feet or more from
				  the nearest residence not served by the outdoor wood boiler and 1,000 feet or
				  more from a school.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 247 - Outdoor Wood Boilers › Section 247.7 - Permanent label

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A permanent
				  label shall be affixed to all new outdoor wood boilers by the manufacturer.
(1) The label shall be made of a material
				  that is sufficiently durable to last the lifetime of the new outdoor wood
				  boiler.
(2) The label shall be
				  affixed to the new outdoor wood boiler in a readily visible or accessible
				  location.
(3) The label shall be
				  affixed in such a manner that it cannot be removed from the new outdoor wood
				  boiler without causing damage to the label.
(4) The following information shall be
				  displayed on the label:
(i) name and address
				  of the manufacturer;
(ii) date of
				  manufacture;
(iii) model name and
				  number;
(iv) serial
				  number;
(v) thermal output rating
				  in Btu/h; and
(vi) certified
				  particulate emission rate in pounds per million British thermal units heat
				  output.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 247 - Outdoor Wood Boilers › Section 247.8 - Certification of new outdoor wood boilers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Certified models. No person shall sell,
				  lease or operate a new outdoor wood boiler unless the model has been certified
				  by the department pursuant to this section.
(b) Emission limits. In order to receive
				  certification, a residential-size new outdoor wood boiler shall meet the
				  emission limits in section
				  247.5 
				  of this Part, and a commercial-size new outdoor wood boiler shall meet the
				  emission limits in section
				  247.6 
				  of this Part.
(c) Application.
				  Manufacturers requesting certification of a model shall submit an application
				  to the department. An application shall consist of two complete copies of the
				  application on a form provided by the department, along with two copies of the
				  supporting documents required by this subdivision. Both copies of the
				  application shall be signed by a responsible official of the manufacturer, and
				  shall include the following:
(1) name and
				  address of the manufacturer, the model name and number, serial number, date of
				  manufacture and the thermal output rating, in Btu/h, of the new outdoor wood
				  boiler tested;
(2) four individual,
				  color photographs of the tested unit showing the front, back and both sides of
				  the unit;
(3) engineering drawings
				  and specifications for each of the following components:
(i) firebox including a secondary combustion
				  chamber;
(ii) air induction
				  systems;
(iii) baffles;
(iv) refractory and insulation
				  materials;
(v) catalysts;
(vi) catalyst bypass mechanisms;
(vii) flue gas exit;
(viii) door and catalyst bypass
				  gaskets;
(ix) outer shielding and
				  coverings;
(x) fuel feed system;
				  and
(xi) blower motors and fan
				  blade size;
(4) final
				  test report prepared by the testing laboratory; and
(5) a copy of the operation and maintenance
				  instructions.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 247 - Outdoor Wood Boilers › Section 247.9 - Notice to buyers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Written notice. Prior to the execution of a sale or lease agreement for a new
				  outdoor wood boiler, the distributor shall provide the prospective buyer or
				  lessee with a copy of this Part and a written notice which includes:
(1) an acknowledgment that the buyer or
				  lessee was provided with a copy of this Part;
(2) a list of the fuels that may burned in
				  the outdoor wood boiler as set forth in section
				  247.8(d)(1) 
				  of this Part; and
(3) a statement
				  that even if the requirements set forth in this Part are met, there may be
				  conditions or locations in which the use of a new outdoor wood boiler
				  unreasonably interferes with another person's use or enjoyment of property or
				  even damages human health, and if such a situation occurs, the owner or lessee
				  of the new outdoor wood boiler causing the situation may be subject to
				  sanctions that can include a requirement to remove the device at their own
				  expense, as well as any other penalty allowed by law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 247 - Outdoor Wood Boilers › Section 247.10 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
Each provision of this Part shall be deemed severable, and
					 in the event that any provision of this Part is held to be invalid, the
					 remainder of this Part shall continue in full force and
					 effect.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 248 - Use Of Ultra Low Sulfur Diesel Fuel And Best Available Retrofit Technology For Heavy Duty Vehicles › Subpart 248-2 - APPLICABILITY › Section 248-2.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. This
					 Part applies to all heavy duty vehicles except for:
(1) locomotives;
(2) alternative fuel vehicles;
(3) any HDV subject to a lease or contract
					 entered into or last renewed prior to February 12, 2007; and
(4) any on road vehicle with engine model
					 years prior to 1960.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 248 - Use Of Ultra Low Sulfur Diesel Fuel And Best Available Retrofit Technology For Heavy Duty Vehicles › Subpart 248-4 - WAIVER PROVISIONS › Section 248-4.1 - Waiver provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Application for waiver of ULSD requirements.
(1) Regulated entities and contractors may
					 apply for a waiver from the ULSD requirements of this Part. All waiver
					 applications submitted to the department shall be provided in a format
					 acceptable to the department. The name and contact phone number of the waiver
					 applicant shall be provided on the waiver application. Upon application, the
					 commissioner may issue a waiver from the ULSD requirements of section
					 248-3.1(d) 
					 of this Part to a regulated entity or contractor for diesel fuel which contains
					 greater than 15 ppm sulfur upon a showing that ULSD is not readily available to
					 meet the requirements of section
					 248-3.1(d) 
					 of this Part provided that the regulated entity or contractor shall to the
					 extent practicable use whatever quantity of ULSD is available. Upon
					 application, the commissioner, after consultation with the president of the New
					 York State Energy Research and Development Authority, may grant a waiver from
					 the requirements of section
					 248-3.1(d) 
					 of this Part if the applicant for such waiver can demonstrate to the
					 commissioner that quantities of ULSD sufficient to meet the applicant's demand
					 are not available in time to meet the requirements of section
					 248-3.1(d) 
					 of this Part. Such waiver may be issued for up to one year, at the discretion
					 of the commissioner, and may be renewed upon application. Such waiver
					 determination shall be made on a case by case basis upon written application to
					 the department by the State agency commissioner or other responsible person of
					 the regulated entity or contractor. The commissioner may impose an interim
					 standard for sulfur in diesel fuel permitted to be used as a condition of a
					 waiver issued pursuant to this subdivision.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 248 - Use Of Ultra Low Sulfur Diesel Fuel And Best Available Retrofit Technology For Heavy Duty Vehicles › Subpart 248-5 - VEHICLE AND EQUIPMENT LABELING REQUIREMENTS › Section 248-5.1 - Vehicle and equipment labeling requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For each covered vehicle that has BART
					 installed or that received a waiver pursuant to section
					 248-4.1(b) and
					 (c)  of this Part, a label shall be affixed to
					 the vehicle in plain view in the form of a legible and durable label. Each
					 label shall contain the following information:
(1) For those vehicles that have BART
					 installed:
(i) name of the BART regulated
					 entity or contractor whose vehicle received BART;
(ii) vehicle identification number (if
					 appropriate) and engine serial number;
(iii) specific BART product name installed on
					 the vehicle;
(iv) date of
					 installation of the BART product;
(v) PM reduction classification level
					 number;
(vi) vehicle or engine
					 model year;
(vii) name of the
					 engine manufacturer, family and series;
(viii) engine horsepower; and
(ix) if CARB verified technology, the CARB
					 designated diesel emission control strategy family name;