N.Y. Comp. Codes R. & Regs. tit. 6 § 251.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 251.3 - Emission limits

Facilities subject to this Part must comply with the applicable carbon dioxide (CO₂) emission limit established in this Section. The emission limits in subdivision (a) of this section are measured on a 12-month rolling average basis, calculated by dividing the annual total of CO₂ emissions over the relevant 12-month period by either the annual total (gross) MW generated (output-based limit) or the annual Btu input (input-based limit) over the same 12-month period. The emission limits in subdivision (b) of this section are measured on an annual basis, calculated by dividing the annual total of CO emissions for the calendar year by either the annual total (gross) MW generated (output-based limit) or the annual Btu input (input-based limit) over the same calendar year for each fuel combusted.

(a) 'New Sources and Modified Existing Sources'

(1) Owners or operators of a source of one of the following types, except for those emission sources directly attached to a gasifier, are required to meet an emission rate of 925 pounds of CO₂ per MW hour gross electrical output (output-based limit) or 120 pounds of CO₂ per million Btu of input (input-based limit):

(i) boilers that are permitted to fire greater than 70 percent fossil fuel;

(ii) combined cycle combustion turbines; or

(iii) stationary internal combustion engines that fire only gaseous fuel.

(2) Owners or operators of a source of one of the following types, except for those emission sources directly attached to a gasifier, are required to meet an emission rate of 1450 pounds of CO₂ per MW hour gross electrical output (output-based limit) or 160 pounds of CO₂ per million Btu of input (input-based limit):

(i) simple cycle combustion turbines; or

(ii) stationary internal combustion engines that fire either liquid fuel or liquid and gaseous fuel simultaneously.

(3) Owners or operators of any other emission source that is not subject to a specific CO₂ emission limit in paragraph (1) or (2) of this subdivision are required to propose and meet a case-specific emission limit for CO₂. This proposal must be based on an analysis of existing control technologies and operating efficiencies of existing sources, and other appropriate considerations relevant to the source's CO₂ emission profile. The proposed emission limit must achieve the maximum degree of CO₂ emission reduction for new sources, and shall not be less stringent than the CO₂ emission control or operating efficiency that is achieved in practice by the best controlled similar source(s). The proposal must be submitted to the department for review and approval. In no case will the department approve a proposal in which greater than 50 percent of the heat input is derived from solid fossil fuel or oil, unless the CO₂ emission rate associated with that input meets the CO₂ emission limit in paragraph (1) of this subdivision. For purposes of this paragraph, emission sources that are directly attached to a gasifier must include the CO₂ emissions from the gasifier in the case-specific CO₂ emission limit.

(b) 'Non-Modified Existing Sources'. Beginning on December 31, 2020, owners or operators of a non-modified existing source are required to meet an emission rate of 1800 pounds of CO₂ per MW hour gross electrical output (output-based limit) or 180 pounds of CO₂ per million Btu of input (input-based limit) for each fossil fuel combusted. As of December 31, 2020, owners or operators of a non-modified existing source shall not fire any single fossil fuel, alone or in combination with any other fuel, with an emission rate that is greater than or equal to 1,800 pounds of CO₂ per MW hour gross electrical output or 180 pounds of CO₂ per million Btu of input.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 251.3

Adopted New York State Register May 29, 2019/Volume XLI, Issue 22, eff. 6/8/2019