NYSDEC Explains CLCPA with New Policy, DAR-21

On December 8, 2021, the New York State Department of Environmental Conservation (NYS DEC) 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 purpose 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 DEC 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 DEC determines an analysis is necessary or appropriate to ensure CLCPA consistency
  • Any new or modified emission sources that have the potential to emit Greenhouse Gas Emissions (GHG), including increases and decreases in emissions of GHG from existing equipment.

 

DEC 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 greenhouse gases (GHG) emissions on PTE and actual emissions bases (i.e., tons/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 NYS DEC is allowing interested parties to submit written comments on the proposed guidance. Comments may be submitted until 5:00 p.m. February 7, 2022.

Written comments can be submitted as follows: by E-mail,  air.regs@dec.ny.gov or by mail to the NYS DEC-Division of Environmental Remediation, 625 Broadway Albany, NY 12233-3254, attention: Mark Lanzafame, P.E.

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