| DEC’s Office of Climate Change, in partnership with its Office of General Counsel, Division of Permits, and Division of Air Resources (DAR), has made draft revisions to the existing Commissioner’s Policy on Climate Change and DEC Action (CP-49) to provide guidance regarding complying with the specific requirements of the Climate Leadership and Community Protection Act of 2019 (“CLCPA”) and the Community Risk and Resilience Act of 2014 (“CRRA”) as amended by the CLCPA. Most notably, the draft revised guidance sets forth Department Policy for compliance with Section 7(2) of the CLCPA. Additionally, DEC is proposing to adopt a companion program policy, Division of Air Resources Policy, DAR-21 – The Climate Leadership and Community Protection Act and Air Permit Applications.
The CLCPA includes economy-wide requirements to reduce greenhouse gas (GHG) emissions in New York State by 40 percent below 1990 levels by 2030, and 85 percent below 1990 levels by 2050. It requires DEC to specify economy-wide emissions limits that correspond to those reduction requirements, which have been promulgated under 6 NYCRR Part 496.
Section 7(2) of CLCPA requires all state agencies to consider whether agency administrative decisions are inconsistent with, or will interfere with, the attainment of the statewide GHG emission limits. Further, if deemed inconsistent, the state agency must provide a detailed justification and identify alternatives or GHG mitigation measures to be imposed. For purposes of the CLCPA, statewide GHG emissions include upstream out-of-state GHG emissions associated with the generation of electricity imported into the State, or the extraction, transmission, and use of fossil fuels imported into the State.
The revised CP-49 lays out the roadmap for staff and the public on how DEC will implement Section 7(2). You can find the full text and pdf printable version of this policy on DEC’s website.
Submit written comments by mail or email by 5 p.m. January 7, 2022. Include “Comments on CP-49” in the subject line. Contact: Maureen Leddy, NYSDEC Office of Climate Change, 625 Broadway, Albany, NY 12233-1050, (518) 402-8448, climate.regs.
The new policy DAR-21 establishes the types of air pollution control permit actions required to prepare an analysis as part of the permit application process and describes the content of analyses required by the DAR 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. You can find the full text and pdf printable version of the DAR-21 on DEC’s website.
Submit written comments by mail or email by 5 p.m. January 7, 2022. Include “Comments on DAR-21” in the subject line. Contact: Mark Lanzafame, NYSDEC Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, (518) 402-8403, air.regs. |
