New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 5 - Executive Orders (George E. Pataki) › Section 5.40 - Executive order no. 40: ordering state agencies to register emission reduction credits

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, areas of New York State have been designated as
					 not meeting the national ambient air quality standards for ozone, particulate
					 matter and carbon monoxide;
WHEREAS, New York State is included, in its entirety, in an
					 Ozone Transport Region, pursuant to section 84 of the Clean Air Act
					 (42 U.S.C. section
					 7511 c.);
WHEREAS, in areas that are not in attainment with the
					 national ambient air quality standards, or in those located in an Ozone
					 Transport Region, the Clean Air Act requires that new sources of nonattainment
					 contaminants obtain emission reductions of such nonattainment contaminants from
					 the same source or other sources;
WHEREAS, New York State has complied with the Clean Air Act
					 by adopting 6 NYCRR Subpart 231-2 - "New Source Review in Nonattainment Areas
					 and Ozone Transport Regions," to require that new sources obtain emission
					 reductions of such nonattainment contaminants from the same source or other
					 sources;
WHEREAS, air emission reduction credits that can be used as
					 offsets are produced by source reduction, overcontrol, shutdown, or curtailment
					 of existing sources of nonattainment contaminants;
WHEREAS, air emission reduction credits are vital to
					 attract new businesses and industries and achieve clean air in the
					 State;
WHEREAS, this administration intends to support a robust
					 market for emission reduction credits by certifying all eligible State Agency
					 emission reductions;
WHEREAS, the ability of the State to identify and secure
					 emission reduction credits can be a major point of consideration for firms
					 seeking to locate in New York State; and
WHEREAS, many offices and agencies of State government have
					 made air emission reductions that could be certified as emission reduction
					 credits and be used to encourage economic growth;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, do hereby order:
I. All offices and agencies of State
				  government to assign staff to investigate whether emission reductions that
				  could receive credit exist;
II.
				  Ensure that such staff work with the Division of Air Resources at New York
				  State Department of Environmental Conservation (NYSDEC) to certify and register
				  such credits;
III. Such staff shall
				  ensure that emission reduction credits are certified and registered in
				  accordance with 6 NYCRR Subpart 231-2;
IV. NYSDEC shall facilitate transfer of the
				  certified emission reduction credits to the Department of Economic Development
				  (DED) for distribution to new and expanding businesses;
V. DED and NYSDEC shall jointly develop
				  criteria governing eligibility of businesses to use emission reduction credits
				  in order to obtain air pollution permits; and
VI. The distribution of emission reduction
				  credits shall be subject to the approval of the Commissioners of DED and
				  NYSDEC.
Signed: George E. PatakiDated: July 26,
					 1996