Part 212

The New York State Department of Environmental Conservation (NYSDEC) is proposing to revise the guidelines for Part 212 to improve the clarity of its requirements.

What do the guidelines implicate?

The document issued by NYSDEC outlines the procedures for evaluating the emissions of criteria and non-criteria air contaminants from process operations in New York State.  Guidelines include three (3) flow charts to help the end user understand how to:

  1. Identify applicable process emission sources,
  2. Establish uniform Environmental Ratings (ER),
  3. Ascertain the proper degree of control for applicable process emission sources.

What do the flow charts illustrate?

Flow chart #1 tells us the first step in implementing Part 212 is to determine:

  • whether an operation that will be carried out at the facility constitutes a process operation; defined as “Any industrial, institutional, commercial, agricultural or other activity, operation, manufacture or treatment in which chemical, biological and/or physical properties of the material or materials are changed, or in which the material(s) is conveyed or stored without changing the material(s) if the conveyance or storage system is equipped with a vent(s) and is non-mobile, and that emits air contaminants to the outdoor atmosphere. A process operation does not include an open fire, operation of a combustion installation, or incineration of refuse other than by-products or wastes from a process operation(s).”,
  • whether the process operation is one of the exemptions listed in Part 201-3 or Part 212-1.4,
  • if their process emission sources meet the requirements described in the Part 212-1.5(e) (1) and (2).

Flow chart #2 explains how to assign an ER for all criteria and non-criteria air contaminants from the applicable process operations.

Flow chart #3 describes how to determine the required amount of control for the process operations.

Implication to Process Facilities:  The new Air guide establishes the procedures that facilities with process air emissions need to take to determine if the facility is covered by Part 212, and whether the facility is in compliance with the Part 212 emission limits and whether the facility has to reduce their emissions.

Opportunity to Comment on Proposed Guidelines

The NYS DEC is giving interested parties the opportunity to submit written comments on the proposed Air Guide.  Comments may be submitted until 5:00 p.m. February 12, 2021.

For further information, contact:
Steven DeSantis
625 Broadway
Albany, NY 12233-3250
(518) 402-8402

Where can I find the proposed Guidelines?

Please click the following link:

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