On December 8, 2021, the New York State Department of Environmental Conservation (NYSDEC) proposed policy document DAR-21, titled “The Climate Leadership and Community Protection Act (CLCPA) and Air Permit Applications.”
This policy outlines the requirements for CLCPA analyses developed by the Division of Air Resources (DAR) pursuant to Section 7(2) of the CLCPA in support of air pollution control permit applications.
What are the requirements embodied in the policy?
A facility owner/operator must provide a complete CLCPA analysis that meets the requirements of this policy with each air pollution control permit application.
Who will be affected? (Does this action apply to me?)
This policy applies to all applications for the following types of permit actions that NYSDEC receives:
- New Title V and Air State Facility (ASF) permits.
- Modifications to Title V and ASF permits.
- Renewals of Title V and ASF permits.
- Air Facility Registrations where NYSDEC determines an analysis is necessary or appropriate to ensure CLCPA consistency.
- Any new or modified emission sources that have the potential to emit greenhouse gases (GHGs), including increases and decreases in emissions of GHGs from existing equipment.
NYSDEC staff may require an applicant to submit a CLCPA analysis regardless of the applicability.
What are the CLCPA analysis requirements?
Each submission must include at least the following information:
- Calculations describing the project’s direct GHG emissions on potential to emit (PTE) and actual emissions bases (i.e., tons/year).
- PTE is defined as the total emissions a facility would emit if it operated 24 hours per day, 365 days per year.
- Calculations describing the project’s GHG PTE and projected actual emissions in units of CO2e.
- Calculations describing any upstream GHG emissions attributable to the project resulting from the extraction, transmission, and use of fossil fuels or electricity imported into the State.
- Calculations describing any reasonably foreseeable downstream and indirect emissions attributable to the project.
Where can I find the proposed guidance?
Please click the following link: https://www.dec.ny.gov/docs/air_pdf/dar21.pdf
Opportunity to comment on proposed guidelines
The NYSDEC is allowing interested parties to submit written comments on the proposed guidance. Comments may be submitted until 5:00 p.m. on February 7, 2022.
Written comments can be submitted as follows: by email to air.regs@dec.ny.gov or by mail to the NYSDEC–Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-3254, attention: Mark Lanzafame, P.E.
Do you need help ensuring that your facility is in compliance with all applicable air regulations? Contact Walden at 516-701-1681 to discuss your air permitting needs or sustainability goals with our experienced consultants today.