Notice of Issuance of New York State Department of Environmental Conservation (NYS DEC) DAR-21: "The Climate Leadership and Community Protection Act and Air Permit Applications"

The Climate Leadership and Community Protection Act (CLCPA) went into effect January 1, 2020 (Chapter 106 of the Laws of 2019).

When issuing permits, Section 7(2) of the CLCPA requires all New York State agencies to consider "whether such decisions are inconsistent with, or will interfere with, the attainment of the statewide greenhouse gas (GHG) emission limits established in Article 75 of the environmental conservation law." Further, if deemed inconsistent, the State agency must provide a detailed justification and, if justification is available, identify alternatives or GHG mitigation measures to be imposed.

This policy describes the content of analyses required by the Division of Air Resources (DAR) for purposes of permit application reviews pursuant to the requirements of Section 7(2). It further describes the procedures staff in DAR will follow when reviewing those analyses for conformance with the requirements of the CLCPA.

A draft version of DAR-21 was posted for public comment on December 8, 2021. The comment period closed on February 7, 2022. The version posted today is issued as final after consideration of the feedback received through the public comment process. The full text and pdf printable version of the adopted DAR-21 can be found at: https://www.dec.ny.gov/regulations/2404.html

Contact: Mark Lanzafame, NYS DEC - Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, Phone: (518) 402-8403, E-mail: [email protected]