The New York Department of Environmental Conservation (NYDEC) oversees the Emission Reduction Credit Banking Program through their Division of Air Bureau of Stationary Sources. The counties of Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester are classified as moderate nonattainment for NOx and VOC, with the county of New York also being moderate nonattainment for PM10. All other counties are within the Ozone Transport Region (OTR) and are required to offset their emissions if the facilities exceed the state thresholds listed below for these pollutants.

In New York stationary sources must obtain ERCs to satisfy the offset ratio requirements for the proposed emissions increase. Sources must obtain ERCs if they emit more than:

Nonattainment counties

  • 25 tpy of NOx
  • 25 tpy of VOC
  • 100 tpy of PM10

All other counties

  • 100 tpy of NOx
  • 50 tpy of VOC

In New York the current offset ratio for nonattainment and OTR areas is 1 to 1 tons of ERCs to each ton of emissions. In the case of modifications to existing facilities in nonattainment areas, the offset ratio is 1.3 to 1 tons of ERCs to each ton of emissions.