New York State Department 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, 26th Floor

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) the following revision to the New York

State Implementation Plan (SIP):

"Part231 - New Source Review for New and Modified Facilities"

This SIP revision request is comprised of the rule changes to New York's Part231, "New

Source Review for New and Modified Facilities," and amendmentso Part 200 "General

Provisions" and Part 201, "Permits and Registrations" of Title 6 of the Official Compilation of

Codes, Rules and Regulations of the State of New York (6 NYCRR).

The revisions comply with the new source review requirements in nonattainment areas

set forth 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

li
2

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, and administered 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 PSD requirements.

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

public review process. On September 26,2007, the New Source Review (lt{SR) regulation was

proposed in the New York State Register. I.D. No. (ENV-39-07-00006-P) and in the

Environmental Notice Bulletin under the provisions 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,the Environmental Board approved the proposed 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 minor procedural issue.

The effective date for the New Source Review regulation will be March 5,2009.

This SIP revision request includes the following:

1. Express Terms: 6 NYCRR Part231, "New Source Review for New and Modified

Facilities"

2. An equivalency determination comparing the provisions of Part 231 with 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 copy of the transmittal letter to the Department of State dated January 20,2009,

and an amended transmittaletter 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.
Notice of Proposed Rulemaking and Public Hearing as published in the

Environmental Notice Bulletin on September 26,2007.

Notice of 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 the New York

State Department of State on January 20,2009. The amended Notice of Adoption

was filed with the New York State Department of State on February 3, 2009 and

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 when available.

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.

9.

10.

ll.

Richard Ruvo, EPA Region,\/