Newly revised air regulation for New York State industries,
Changes to a decades-old regulation governing air pollution in New York State will have a significant impact on industry, potentially lengthening the time necessary to secure air permits and/or subjecting more facilities to the need to reduce air emissions.
It has the practical effect of changing a system to which we have all become accustomed. It really is a paradigm shift.
The changing regulation
This change is the New York State Department of Environmental Conservation’s (NYSDEC) update to Part 212 of Title 6 of the New York Codes, Rules and Regulations, which regulates emissions of hazardous air pollutants, air toxic compounds, and criteria air pollutants. Over the years, varying interpretations of the regulation, which was supported by a well-known guidance document (DAR-1), resulted in widespread inconsistencies in the manner in which these regulations (and the implementing guidance) were applied within the nine NYSDEC regions.
Although the new regulation attempts to level the playing field, it also seeks to incorporate the very guidance that caused the inconsistencies. As a result, complying with the updated regulation may affect some facilities more than others, depending on a number of different factors.
In other words, all companies will be affected, but not equally.
“This regulation may cause your facility in one part of the state to be treated differently from your facility in another part of the state,” said Mark Distler, Senior Vice President and leader of OBG’s environmental health & safety practice.
Overall, the regulation will:
- Require new facilities, or those renewing permits, to evaluate the potential for further emission reductions of high toxicity air contaminants
- Establish a Toxics Best Achievable Control Technology for certain affected facilities
- Incorporate pollution prevention opportunities
How OBG can help your facility
Headquartered in New York, with one of the largest air quality consulting practices in the state, OBG is uniquely positioned to help companies create a plan to ensure compliance. In advocacy for its clients, OBG submitted comments to the draft Part 212 regulation and has had numerous discussions with the authors to understand and mitigate the impacts to our clients.
OBG can assist clients with evaluating the potential impact of the revised regulation on their facilities and will be holding seminars across New York this fall to inform on the changes to Part 212 and how to best prepare for them.
Learn more at our upcoming seminars
OBG experts will be presenting at the following events:
Breakfast Club of Central New York
September 2, 8:00 a.m. – 9:30 a.m.
DoubleTree by Hilton, 6301 Route 298, East Syracuse, NY
Mohawk Valley Environmental Information Exchange
September 9, 7:30 – 9:30 a.m.
Holiday Inn, 1777 Burrstone Road, New Hartford, NY
Albany Breakfast Club (hosted by Young/Sommer, LLC)
September 11, 7:30 – 9:30 a.m.
Holiday Inn Turf, Wolf Road, Colonie, NY
Southern Tier Environmental Health & Safety Group
October 2, 12:00 – 1:30 p.m.
Roundin’ Third Regale, 2447 Corning Road, Elmira, NY
Manufacturers of Central New York (as part of Government Relations Issues Series)
November 5, 1:00 p.m. – 5:00 p.m.
5788 Widewaters Parkway, Syracuse, NY
Check back to our Insights section, where updates will be provided as more seminars are scheduled in other parts of New York.
About Matt Traister: Matthew Traister, P.E. is a Vice President with OBG and the company’s subject matter expert in air quality. A registered Professional Engineer and leader of OBG’s National Compliance Practice, Mr. Traister has more than 27 years of environmental consulting experience involving air permitting, emission inventory development, and air and odor pollution control design projects. The author of more than 40 technical papers and publications, Mr. Traister routinely provides project management and technical oversight functions for complex regulatory compliance programs, including those under the Clean Air and Clean Water Acts, the Emergency Planning and Community Right-to-Know Act, and the Resource Conservation and Recovery Act (RCRA).