The New York State Department of Environmental Conservation (DEC) recently proposed a pair of rules implementing key elements of the 2011 Power NY Act, New York’s new power plant siting law. The first rule, set forth at 6 NYCRR Part 251, establishes carbon dioxide emission limits for new and substantially expanded major electric generating facilities – defined as facilities with a generating capacity of at least 25 megawatts. The precise limits, which differ depending on the type of unit, are low enough to effectively discourage construction of new coal and oil-fired power plants in New York. The second rule, set forth at 6 NYCRR Part 487, contains procedures for conducting the environmental justice reviews required when siting major energy projects. The proposed rules can be found on DEC’s website at:
www.dec.ny.gov/regulations/propregulations.html
February 25, 2012
