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NEW YORK PROPOSES TOUGHEST ACID RAIN CONTROLS IN THE NATION

Photo courtesy of The Adirondack Council

Photo by Jenny Hager

On February 14, 2002, Governor George E. Pataki announced the release of long-awaited draft regulations to significantly reduce emissions of acid rain causing pollutants from electric generators in New York State. The regulations are a very important step to protect the State's critical water resources, including water quality in the environmentally sensitive Adirondack and Catskill Mountains, and coastal estuaries such as Long Island Sound.
The proposed regulations would require electric generators in New York State to reduce sulfur dioxide (SO2) emissions an additional 50 percent below levels allowed under the federal Clean Air Act's Acid Rain Program requirements, phased in over a three-year period beginning in January 2005. The regulations would also implement year-round reductions in nitrogen oxide (NOx) emissions, beginning October 1, 2004.

"New York State is blessed with thousands of pristine rivers, lakes and streams, and this aggressive action will help protect them for future generations," Governor Pataki said. "Today, we are taking steps to protect the natural resources that provide New York's families with countless outdoor opportunities, and we look forward to working with the federal government to do the same nationwide."

Adrienne Esposito, CCE Executive Director, said, "Because acid rain causes over 60 percent of water quality impairments for surface waters in New York State, it is appropriate and necessary for New York to establish the strongest power plant regulations in the Nation. We are very pleased to see Governor Pataki championing aggressive actions at both the state and federal level in order to bring acid rain under control."

Despite Opposition, New York State Remains Committed

Photo courtesy of The Adirondack Council

Photo by Gary A. Randorf

In May of 2004, a lawsuit filed by a group of industries against New York State overturned the new regulations due to procedural errors, although the court upheld the state’s right to set these rules if they follow proper procedure. In August of 2004, the New York State Department of Environmental Conservation issued emergency regulations to keep 41,000 tons of pollutants out of the air beginning immediately. The emergency regulations will reinstate the mandates for now, but the state is also appealing the May decision. Additionally, to ensure the regulations are carried out, the state is currently going through the proper procedural steps for regular rule-making that would set acid rain regulations equivalent to Pataki’s 2002 mandate.

Any delays in reducing NOx and SO2 emissions would result in a greater threat to public health and further degradation of our natural environment in New York State. CCE remains committed to ensuring that these regulations are carried out.