Recently Proposed and Adopted Regulations & Policies
Proposed Rulemakings
None at this time
Recent Adoptions
Adopted Subpart 220-3- Asphalt Pavement Manufacturing Plants Express Terms- Effective September 5, 2024 (PDF)
This is the full text of the updated Express Terms for Subpart 220-3 as of the effective date of September 5, 2024.
Adopted Part 220 Full Rulemaking Package- Effective September 5, 2024 (PDF)
The Department is proposing to repeal Subpart 212-4 and create a new Asphalt Pavement Manufacturing Plant regulation under Subpart 220-3. Subpart 220-3 will require new facilities to install control equipment that represents the best achieved industry standards. Existing facilities will be required to install similar controls on a scheduled reduction plan. These changes will reduce air emissions and streamline compliance. Existing Subpart 220-1, which regulates Portland cement plants, will be updated to reflect current particulate emission and nitrogen oxide (NOx) monitoring and reporting requirements. Subpart 220-2, Glass Plants, will remain unchanged.
DAR-23: Article 19 Violation Penalty Policy for Short Form Orders on Consent – Effective December 6, 2023 (PDF)
This Program Policy provides a consistent approach to address New York State Environmental Conservation Law Article 19 air violations where the potential for harm and any actual harm to public health, the environment, or the regulatory system is minor. The penalty ranges and guidance contained in this policy will assist Department staff in efficiently and fairly deterring future violations and assessing appropriate penalties for the purpose of administrative settlement. Additionally, this policy will provide the regulated community with greater certainty regarding penalties for minor violations.
This Program Policy supersedes Program Policies DEE-23, dated March 14, 2005, and DEE-5, dated December 20, 1985, as well as DEE-5 Appendices I-VIII. The Department intends to formally rescind DEE-23 and DEE-5 (including Appendices I-VIII).
DAR-24: Calculation of Penalties for Article 19 Violations at Stationary Sources – Effective December 6, 2023 (PDF)
This Program Policy provides guidance for calculation of recommended civil penalties for violations of New York State Environmental Conservation Law Article 19 air violations at stationary sources for the purpose of administrative settlement. The penalty ranges and guidance contained in this policy will assist Department staff in efficiently and fairly deterring future violations and assessing appropriate penalties. Additionally, this policy will provide the regulated community with greater certainty regarding Article 19 (air) violations at stationary sources.
Adopted Part 203 Oil and Natural Gas Sector, and Part 200 General Provisions - Effective March 3, 2022 (PDF)
The Department has adopted 6 NYCRR Part 203 and Part 200. Part 203 will regulate volatile organic compounds (VOCs) and methane (CH4) emissions from the oil and gas sector. This regulation will fulfil three New York State obligations: (1) reduce greenhouse gases (GHGs) in support of the requirements of the Climate Leadership and Community Protection Act (CLCPA), (2) reduce associated VOCs, and (3) fulfill the requirements of the Environmental Protection Agency's (EPA) 2016 Control Techniques Guidelines (CTG) for the oil and gas industry.
Adopted Repeal Parts 206, 250, 256, and Subchapter C, Air Quality Area Classifications Parts 260-317 - Effective January 26, 2024 (PDF)
The Department has adopted the repeal of 6 NYCRR Part 206, "State Aid for General Air Pollution Work, New York City;" 6 NYCRR Part 250, "Miscellaneous Orders;" 6 NYCRR Part 256, "Air Quality Classification System;" and Subchapter C, Air Quality Area Classifications, 6 NYCRR Parts 260-317; because they are obsolete. The Department has also adopted the revisions to Part 257, "Air Quality Standards" to remove references to 6 NYCRR Part 256. In addition, the Department has adopted the revisions to Part 200, "General Provisions" to update and remove attendant references.
Adopted Subpart 217-5 Heavy Duty Inspection and Maintenance Program - Effective October 20, 2023 (PDF)
The Department is adopting a revision to 6 NYCRR Subpart 217-5, "Heavy Duty Inspection and Maintenance Program." The adopted rule revision will revise HDDV I/M requirements to be implemented through the next statewide New York Vehicle Inspection Program (NYVIP3). The adopted revisions to Subpart 217-5 are necessary to reflect NYVIP3 program requirements; improve the enforcement of HDDV I/M; revise smoke opacity cutpoints; allow the Department to more effectively audit ODEIS; and complement the implementation of the statewide NYVIP3 program. Attendant revisions are also being made to 6 NYCRR Part 200, "General Provisions."
Adopted Part 218 Advanced Clean Cars II (ACC II) - Effective September 4, 2023 (PDF)
The amendments to 6 NYCRR Part 218 incorporate California's latest advanced clean cars (ACC II) zero emission vehicle (ZEV) and low emission vehicle (LEV IV) standards into New York's existing LEV program. The adopted ZEV amendments include an annual ZEV sales requirement for original equipment manufacturers, ZEV assurance measures, regulatory flexibilities, and simplified credit accounting. The LEV IV amendments remove ZEVs from the fleet average NMOG+NOx standard and increase the stringency of emission certification standards. The adopted ZEV amendments will apply to 2026 and subsequent model year light-duty passenger cars (PC), light-duty trucks (LDT), and medium-duty passenger vehicles (MDPV). The adopted LEV IV amendments will apply to 2026 and subsequent model year PC, LDT, MDPV, and medium-duty vehicles.
Adopted Part 218 HD Omnibus/Phase 2 Greenhouse Gas (P2 GHG) - Effective September 4, 2023 (PDF)
The rulemaking incorporates the State of California's Heavy-Duty Omnibus Low NOx (oxides of nitrogen) regulation ("HD Omnibus") and Phase 2 Greenhouse Gas ("Phase 2 GHG") Standards for Medium- and Heavy-Duty vehicles. The Department's adoption of California's regulations applies to model year 2026 and subsequent heavy-duty engines intended for use in vehicle service classes in New York State. The amendments establish NOx and particulate matter (PM) exhaust emission standards and associated test procedures for heavy-duty engines and vehicles; amend on board diagnostic (OBD) system requirements; amend the heavy-duty in-use testing program; amend the emissions warranty period and useful life requirements; amend the emissions warranty information and reporting requirements and corrective action procedures; establish in-use emissions data reporting requirements; amend averaging, banking and trading program; amend portions of California's Phase 2 Heavy-Duty Greenhouse Gas (GHG) regulations; and establish powertrain test procedures for heavy-duty hybrid vehicles.
Adopted Part 218 Advanced Clean Trucks (ACT) - Effective January 29, 2022 (PDF)
The Department has adopted amendments to 6 NYCRR Part 218 and 6 NYCRR Section 200 to incorporate California’s medium- and heavy-duty zero emission vehicle (ZEV) sales requirement and large entity reporting requirement, also referred to as the “Advanced Clean Trucks” (ACT) regulation.
Adopted Subpart 482-2 Operating Program Fee - Effective June 26, 2024 (PDF)
This regulation establishes the fee to be paid by all facilities that are subject to the requirements of Title V of the Federal Clean Air Act.