### New

York StateDepartment of Environmental

Conservation Assistant

Gommissioner Office of Air Resources,

Climate Change & Energy,14'n

Ftoor 625 Broadway,

Albany, New York 12233-1010 Phone: (518) 402-8543

. FAX: (518) 402-9016 Website:

www.dec.ny.gov Alexander B. Grannis Commissioner 

# $,/,{ffi - l} iilil$

Mr. George

Pavlou Acting Regional

Administrator United States Environmental

Protection

Agency Region 2 290 Broadw

ay, 26thFloor New York,NY 10007-1866 Revision to NeW York State

Implementation

Plan for the New Source Review for New and Modified Facilities

(6 NYCRR Part 231) Dear Mr. Pavlou: On behalf

of the Governor

of the State

of New York, I am submitting for approval

by the United States Environmental

Protection

Agency (EPA) thefollowing

revision to the New York State Implementation

Plan (SIP): "Part231

- New Source

Review for New and

Modified Facilities" This SIPrevision

request is comprised

of the rule changes

to New York's Part231, "New Source Review for New and

Modified

Facilities,"

and amendments

o Part 200 "General Provisions"

and Part 201,"Permits

andRegistrations"

of Title 6 of the Official Compilation of Codes, Rules andRegulations

of the State

of New York (6 NYCRR). The revisions

complywith the new source review requirements

in nonattainment

areas setforth in the federal

Clean Air Act Amendments

(CAAA) of 1990,

and address

deficiencies previously

identified

by the EPA. The revised Part23l will establish

a clear and



## li2

environmentally

sound set of criteria

for new major

facilities and major modifications

to existing facilities throughout

New York State. The New York State

Department

of Environmental

Conservation

(Department)

formerly implemented

the Prevention

of Significant

Deterioration

(PSD) program through a delegation agreement

with the USEPA,andadministered its own Nonattainment

New Source

Review (NNSR) regulations

which became

effective November

15,1992. EPA promulgated revisions to the federal

NSR rules in December

2002, but the Department

advised EPA that it intended

to adopt a state PSD program that would be protective

of the State's

air resources,

and submit a revised regulation

that included

PSDrequirements. The revised

Part231 rule incorporates

provisions

from the2002

Federal NSR Rule

with additional

provisions

to ensure enforceability

of the rule and

effective monitoring,

recordkeeping and reporting.

New major

facilities and major modifications

at existing

facilities must comply with the requirement

to install best available control technology

(BACT). Facilities

must quantitatively

assess the impact

of new emission

sources and major modifications

at existing facilities through an air quality impact

analysis. The proposed

Part 231 andproposed

amendments

to Part 200 and Part

201 underwent

a publicreview

process. On September

26,2007, theNew Source

Review (lt{SR) regulation

was proposed

in theNew York State

Register. I.D. No. (ENV-39-07-00006-P) and in the Environmental

Notice Bulletin under theprovisions

of the State

Administrative

Procedures

Act. Public hearings were held in Albany

on November

15, 2007, in Avon on November

13, 2007 and in Long Island

City on November

16,2007.

The comment

period closed at 5:00 p.m. October 24,2008. On January

6,2009,theEnvironmental Board approved theproposed

New Source Review regulation.These rules were filed with the New York State Department

of State on January 20,2009.The filing was amended on February

3,2009 due to a minorprocedural

issue. The effective

date for the New Source

Review regulation

will be March

5,2009. This SIPrevision

request includes thefollowing: 1. Express

Terms: 6 NYCRR Part231,

"New Source

Review for New and

Modified Facilities" 2. An equivalency

determination

comparing

theprovisions

of Part 231with the requirements

of the federal

program. 3. Express

TermS: 6 NYCRR Part200,

"General Provisions" 4. Express

Terms: 6 NYCRR Part20l, "Permits and Registrations" 5. A copyof thetransmittal letter to the Department

of State dated January 20,2009, and an amended

transmittal

etter to the Department

of State dated February 3, 2009. 6. A Certificate

of Adoption

for these rules dated January 15, 2009 and an amended Certificate

of Adoption

dated February 2,2009.Noticeof Proposed Rulemaking

and Public Hearing

aspublished

in the Environmental

Notice Bulletin on September

26,2007. Noticeof Proposed

Rulemaking

published

in the New York State

Register on September

26,2001. Notice of Adoption

published

in the Environmental

Notice Bulletin and the New York State

Register on February

4,2009 which was filed with theNew York State Department

of State on January

20,2009.The amended

Notice of Adoption wasfiled with the New York State Department

of State on February

3, 2009and will appear

in the New York State

Register on February

18, 2009. Hearing officer's report dated December

4,2007. Copies of the Proofs

of Publication

of the rulemaking

in newspapers

across the state. 12. A Summary

of the Assessment

of Public Comments

received from September

24, 2008 through October 24,2008. 13. Assessment

of Public Comments

received from Septemb

er 24,2008

through 5:00 p.m. October 24,2008. Codified versions of the adopted

6 NYCRR Parl23l, "New Source Review for New and Modified

Facilities,"

6 NYCRR Part200,

"General Provisions"

and 6 NYCRR Part

201,"Permits and Registrations"

will be submitted

in the near

future whenavailable. If you or your staff has

any questions,

or if additional

information

is required,

please contact Ms. Diana

Rivenburgh

or Mr. Matthew

Reis, P.E., at (518) 402-8396. Sincerely,



### {. wlasnyder Assistant Commissioner Office of Air Resources, Climate Change and Energy Enclosures 7.

8.

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,\/ Richard Ruvo, EPA Region