### Department of Environmental Conservation Division ofAir Resources



# NEW YORK Joe Martens Commissioner



# STATE IMPLEMENTATION PLAN FOR THE INFRASTRUCTURE ASSESSMENT FOR LEAD UNDER SECTIONS 

# 11O(a)(1) AND (2) OF THE CLEAN AIR ACT

PROPOSED REVISION OCTOBER 2011 New York State Department of Environmental Conservation 

### AndrewM. Cuomo, GOVERNOR Joe Martens, COMMISSIONER

### THIS PAGE INTENTIONALLY LEFT BLANK

### New York StateDepartment ofEnvironmental Conservation's InfrastructureAssessment Pursuantto Clean AirAct Sections llO(a)(l) and (2) for the 2008 Lead NAAQS Introduction: On October 15, 2008, the U.S. Environmental Protection Agency (EPA) revised the lead (Pb) National AmbientAir Quality Standard (NAAQS) for the first time since its initial establishment in 1978. Pursuantto Clean Air Act (CAA) sections 110(a)(1) and (2), each state must meetbasic State Implementation Plan (SIP) requirements related 

### to the attainment ofa new orrevised NAAQS. Section 110(a)(1) requires "aplan whichprovides for implementation, maintenance, and enforcement" ofa primary and secondary NAAQS, while section 110(a)(2) lists the specific required elements. Such SIPs meeting the requirements ofCAA sections 110(a)(1) and (2) must be submitted within three years after promulgation ofa new orrevised standard-i.e., by October 15, 2011 for the 2008 Pb NAAQS. This submission by the New York State Department ofEnvironmental Conservation (Department) addresses each ofthe required infrastructure elements ofCAA section 110(a)(2), and affirms thatNew York's SIP meets the requirements ofCAA sections 110(a)(l) and (2). The required elements are described in the following sections ofthe CAA:

• 110(a)(2)(A): Emission Limitations and Other Control Measures • 110(a)(2)(B): Ambient Air Quality Monitoring/Data System • 110(a)(2)(C): Programs for Enforcement, Prevention ofSignificant Deterioration (PSD), andNew Source Review (NSR) • 110(a)(2)(D): Interstate/International Transport Provisions • 110(a)(2)(E): Adequate Personnel, Funding, and Authority • 110(a)(2)(F): Stationary Source Monitoring and Reporting • 110(a)(2)(G): Emergency Episodes • 110(a)(2)(H): Future SIP Revisions • 110(a)(2)(1): Nonattainment Area Plan orPlan Revision Under Part D • 110(a)(2)(J): Consultation with Government Officials, Public Notification, PSD, and Visibility Protection • 110(a)(2)(K): Air Quality Modeling and Data • 110(a)(2)(L): Permitting Fees • 110(a)(2)(M): Consultation/Participationby Affected Local Entities

Infrastructure SIP Requirements: Section 110(a)(2)(A): Emission Limits and Other Control Measures "Each suchplan shall [

. .] include enforceable emission limitations andother control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions ofemissions rights), as well as schedules and timetablesfor compliance, as may be necessary or appropriate to meet the applicable requirements of this chapter. " 

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### This infrastructure 

### SIP is not intended to identify nonattainment emission controls. No nonattainment areas have been designated inNew York State for the 2008 PbNAAQS. If, however, such need arises, the Department will establish emissions limitations and other control measures to attain the Pb NAAQS. Such efforts will be reviewed and acted upon through a separate process meeting the requirements ofthe CAA. The Revere Smelting & Refining (RSR) facility in Orange County has the potential for significant Pb emissions. State and federal control requirements are therefore relied onto ensure maintenance ofthe 2008 NAAQS. A negative-pressure system is used to control process sources, process fugitive sources and fugitive dust sources as perthe total enclosure requirements of40 CFRPart 63.547(e). The emission unit containing the reverberatory furnace and associated equipment vents its emissions to twelve separate baghouse units to control Pb (as well as particulate) emissions. The shortrotary furnace and rotating kiln dryer vent to an additional two baghouse units for Pb and particulate control. RSR's Title V permit defines specific Pb emission rates for these emission units. The RSRfacility is also subjectto the recordkeeping and reporting requirements under 40 CFRParts 63.1 through 63.5 and 63.7 through 63.10, which require the use and proper operation ofcontinuous monitoring systems. RSRwill be subjectto the National Emission Standards for Hazardous Air Pollutants (NESHAP) rule, once final, for secondary Pb smelting ( 40 CFRPart 63 Subpart X) to further control Pb emissions. The Department also maintains air quality monitors around RSR, as discussed under section 110(a)(2)(B) ofthis document. Excessive Pb emissions from stationary sources are otherwise prevented under 6 NYCRR Part 212, "General Process Emission Sources." This regulation contains requirements that apply broadly to existing sources, new emission sources, and sources undergoing modificationthat may potentially lead to adverse health, economic, or aesthetic effects. The Department has adequate provisions contained in 6 NYCRRPart 201-1.4, "Unavoidable noncompliance and violations," for start-up/shutdown conditions and malfunctions. Part 201-1.4 outlines the actions and recordkeeping and reporting requirements that must be adhered to in such circumstances. Subdivision (d) ofthis section pertains to emission exceedances that could potentially interfere with maintenance ofa NAAQS, stating: "Inthe event ofmaintenance, start-up/shutdown ormalfunction conditions which result in emissions exceeding any applicable emission standard, the facility owner and/or operator shall take appropriate actionto prevent emissions, which will result in contravention ofany applicable ambient air quality standard. Reasonably available control technology, as determined by the commissioner, shall be applied during any maintenance, start-up/shutdown or malfunction condition subjectto this subdivision." Section 110(a)(2)(B): Ambient Air Quality Monitoring/Data System "Each such plan shall [

. .]providefor establishment and operation ofappropriate devices, methods, systems, andprocedures necessary to (i) monitor, compile, andanalyze data on ambient air quality, and(ii) upon request, make such data available to theAdministrator. "

Page 2 ofllEPA initially published the final Pb NAAQS revision inNovember, 2008, 1though on December 27, 2010, EPA finalized additional revisions pertaining to where state and local monitoring agencies would be required to conduct Pb monitoring.2 The newregulations replaced the population-oriented monitoring requirement with a requirement to add Pbmonitors to urbanNCore monitors. EPA also lowered the emission threshold from 1.0 ton peryear (tpy) to 0.50 tpy for source-specific monitoring ofindustrial sources ofPb (e.g., Pb smelters and foundries). Particulate Pb samples are collected on glass fiber filters using a standard total suspended particulate (TSP) high-volume sampler and are subsequently analyzed by a laboratory using atomic absorption spectroscopy. Under the newrule, EPA is allowing Pb-PM10 samplers in lieu ofPb-TSP where the maximum 3-month arithmetic mean Pb concentration is expectedtobe less than 0.10 J.l.g/m3 and where sources are not expected to emit ultra-coarse Pb. The populationoriented Pb monitors atthe NCore sites orNational AirToxic Trends Sites (NATTS) are located away from known sources ofPb and will utilize Pb-PMto samplers. The Department currently has two urban Pb monitors atthe NATTS sites: Rochester, and the Bronx. The Rochester site is also a designated NCore site. These monitors will take advantage ofthe allowance for the submission ofPb-PM10 data inplace ofPb-TSP data. A review ofrecent emissions data identified no facilities inNew York State with emissions greater than 0.5 tpy. The Department, however, decidedto continue the operation of four Pb-TSP monitors (one co-located) in operation inMiddletown, where the RSR facility is located. This facility recycles a high volume ofPh-acid batteries and consequently has the potential to contribute Pb emissions at levels exceeding the NAAQS. Certified monitoring data have thus far shown compliance withthe 2008 NAAQS. EPA'srevised monitoring rule maintained the emission threshold for airports at 1.0 tpy. In addition, an airport monitoring study will be implemented to determine the need for monitoring ofairports which emit less than 1.0 tpy ofPb. Underthis newrule, Pb monitoring is required for a minimum ofone year at 15 additional airports thathave been identified as having characteristics that could lead to ambient Pb concentrations approaching or exceeding the NAAQS. Brookhaven and Republic airports in Suffolk County have been designated as such, and monitoring is expected to commence atboth sites by the end of2011. All ambient measurements captured by the required Pb monitors undergo datavalidation and are subsequently submitted by the Departmentto EPA's Air Quality System (AQS) for public access. As ofJuly, 2007, each state (or where applicable, local) agency is requiredto "adopt and submit to the Regional Administrator an annual monitoring network plan which shall provide for the establishment and maintenance ofan air quality surveillance system that consists ofa network ofSLAMS monitoring stations including FRM, FEM, and ARM monitors that are part ofSLAMS, NCore stations, CSN stations, state speciation stations, SPM stations, and/or, in serious, severe and extreme ozone nonattainment areas, PAMS stations, and SPM monitoring

1Federal Register Vol. 73, No. 219; Wednesday, November 12, 2008; p.66964 2 Federal Register Vol. 75, No. 247; Monday, December27, 2010; p.81126 Page 

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### stations."3 

### The Departmentprepares an Annual Monitoring Network Plan as part ofthe fulfillment ofthese newrequirements. The latest iteration, dated June 27, 2011, has been submitted to EPA. Should any changes be planned for the state's monitoring sites or the network plan, the Department will provide notification to appropriate staffatEPA's Region 2 office. Section 11O(a)(2)(C): Programs for Enforcement, Prevention ofSignificant Deterioration (PSD). and New Source Review (NSR) "Each suchplan shall [

. .] include aprogram to providefor the enforcement of the measures described in subparagraph (A), and regulation ofthe modification and construction ofany stationary source within the areas covered by theplan as necessary to assure that [NAAQS] are achieved, includingapermitprogram as required inparts C andD of this subchapter. " Section 19-0305 ofthe NewYork State Environmental Conservation Law (ECL) authorizes the Department's Commissioner to enforce the codes, rules, and regulations ofthe Department established in accordance with this article. The SIP is a compilation ofthe rules and regulations that are promulgated orrevised to achieve attainment ofa NAAQS. Therefore, the Departmenthas the authority to enforce all SIP measures. The Departmenthas a SIP-approved PSD/NSRprogramunder 6 NYCRRPart 231, "New Source Review for New and Modified Facilities." Part 231 regulates "major sources" under NSR (whenthe source lies in a nonattainment area) orPSD (when the source lies in an attainment area). The Departmenthas recently adopted a revision to Part 231 to add greenhouse gases to the existing regulated contaminants. UnderPart 231, a major Pb facility is defined as one with annual actual emissions equal to or greater than five tpy. A proposed major Pb facility, or anexisting major Pb facility that proposes a modification in excess ofthe de minimis emission limit (0.6 tpy for Pb), is subjectto the relevantprogram dependent upon its location. A LowestAchievable Emission Rate (LAER) or BestAvailable Control Technology (BACT) analysis would result. NewYork ensures that all applicable federal PSD requirements that are included inPSD permits are incorporated into Title V operating permits, and that all federally-enforceable requirements are applied and enforced. Title V ofthe CAA requires states to implement a permitting program for major stationary sources. This federal requirement is supported by 40 CFRPart 70. Section 19-0311 ofArticle 19 ofthe ECL directs the Departmentto establish a permitting program to implement Title V ofthe CAA. The Department's permitting regulations are setforth at 6 NYCRR Part 201, "Permits and Certificates." Major sources ofair pollution are covered by State Facility permits (Subpart 201-5) and Title V permits (Subpart 201-6). In addition, the Departmenthas implemented a permitting program for minor sources ofair pollution; these sources are coveredby minor facility registrations (Subpart 201-4). With the above permitting requirements inplace, New York affirms thatthe currentNSR and PSD permitting programs remain in effect and continue to apply to the state's major stationary sources, and thatthe requirements from these programs are federally enforceable.

3 Code ofFederal Regulations, Title 40, Section 58.10 Page 4 ofllNew York commits to implementing any proposedrevisions to the Pb PSD program initiated by EPA, as well as any EPA-issued modeling guidance to carry outthe analyses necessary to satisfy the PSD requirements for Pb. Section 110(a)(2)(D): Interstate/International Transport Provisions 11O(a)(2)(D)(i): "Each suchplan shall[

...} contain adequateprovisions: prohibiting, consistent with the provisions of this subchapter, any source or other type of emissions activity within the state from emitting any air pollutant in amounts which will (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any such primary or secondary [NAAQS], or (II) interfere with measures required to be included in the applicable implementation planfor any other state underpart C ofthis subchapter to prevent significantdeterioration of air quality toprotect visibility. " 110(a)(2)(D)(ii): "Each suchplan shall [

. .] contain adequate provisions insuring compliance with the applicable requirements of sections 115 or 126 (b) that involve Pb emissions (relating to interstate and internationalpollution abatement)." The physical properties ofPb prevent emissions from experiencing the same travel or formation phenomena as PM2.s or ozone. More specifically, there is a sharp decrease in Pb concentrations, at least inthe coarse fraction, as the distance from a Pb source increases. Regarding section 110(a)(2)(D)(i)(I), it is unlikely that a source would emitPb in a location and inquantities that would contribute significantly to nonattainment in, or interfere with maintenance by, any other state. Such a scenario is only likely inthe case that a large source (e.g., with emissions of0.5 tpy or greater) would be located within close proximity (e.g., within two miles, per EPA guidance) ofa state border. A review ofthe NewYork State emissions inventory was conducted when considering the Department's designation recommendations for the revised PbNAAQS. A survey offacility data showed that no facilities with emissions of0.5 tpy ormore existed in close proximity to state borders (or, in fact, anywhere in the state). The Department considers CAA section 110(a)(2)(D)(i)(I) to be adequately addressed throughthis fmding. To satisfy section 110(a)(2)(D)(i)(ll), the Department confirms that newmajor sources of Pb and major modifications are subject to the state's PSD program. (Because ofthe lack ofPb nonattainment areas in the state, NSRdoes not apply.) The necessary PSD requirements are contained in 6 NYCRRPart 231, "New Source Review for New and Modified Facilities." With regard to the visibility protectionrequirementunder CAA section 110(a)(2)(D)(i)(ll), the argument above continues to holdtrue. Sources inNewYork State are of great enough distance from any federal Class I area to not impactvisibility in any significant way. Ph-related visibility impacts in general are considered to be insignificant. Furthermore, visibility protection andregional haze programrequirements are contained in Part C ofthe CAA (under sections 169A and 169B); Pb is not directly regulated under this portion ofthe CAA. The Departmentis fulfilling its obligations under Part C through separate efforts. The visibility protectionrequirements under CAA section 110(a)(2)(D)(i)(II) are therefore not being further addressed in this infrastructure SIP submission. Page 5 

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### New Yorkrelies on

### 6NYCRRPart 

### 621, "Uniform Procedures," to 

### fulfill the requirement ofnotifying neighboring states ofpotential impacts from a new ormodified source, as required under CAA section 110(a)(2)(D)(ii). Paragraph 621.7(i)(4), "PublicNotice and Comment," requires that notice ofcomplete application be provided to the appropriate groups. This includes, among others, EPA, Federal LandManagers (where applicable), and "any affected states and Indian governments for newprojects, major permitmodifications and permitrenewals subject to air Title V facility permitrequirements." New York interprets this regulatory requirement as being consistent with 40 CFRPart 51.166(q)(2)(iv). Section 110{a)(2)(E): Adequate Personnel. Funding. and Authority "Each suchplan shall [

. .]provide: (i) necessary assurances that the state (or, except where the Administrator deems inappropriate, the generalpurpose local government or governments, or a regional agency designated by the state or general purpose local governmentsfor such purpose) will have adequate personnel, funding, and authority under state (and, as appropriate, local) law to carry out such

implementationplan (and is notprohibitedby anyprovision of federal or state lawfrom carrying outsuch implementationplan orportion thereof), (ii) requirements that the state comply with the requirements respecting state boards under section 128, (iii) necessary assurances that, where the state has relied on a local or regional government, agency, or instrumentality for the implementation of any plan provision, the state has responsibility for ensuringadequate implementation of suchplanprovision. " ECL section 19-0305 authorizes the Department's Commissionerto enforce the codes, rules, and regulations ofthe Department established in accordance withthis article. The SIP is a compilation ofthe rules andregulations that are promulgatedto achieve attainment ofa NAAQS. Therefore, the Departmenthas the authority to enforce all SIP measures. The Division ofAir Resources (DAR) receives both operating and capital funding. Operating funds are allocated to DAR annually and are used for daily administrative expenses. These expenses include salaries, fringe benefits, and indirect and non-personnel services such as travel, supply and equipment costs. Indirect costs are, inturn, allocated to other departments or divisions that support DARactivities. DARis allocated operating funds from the following sources: General Fund, Utility Environmental Regulatory Account, Co-operative Agreements (i.e., CAA section 103 and 105 grants), and the Clean AirFund, which is comprised ofthe Title V and Mobile Source Accounts. Capital funds are allocated to DAR atthe discretion ofthe New York State legislature and are used for the financing or acquisition ofcapital facilities, such asthe construction ofan air monitoring site. DARis allocated capital funds from three sources: General Fund, Mobile Source Account, and Rehabilitation andImprovement. The New York State Public Officer's Law (POL) satisfies the conditionthat the state comply withthe requirements respecting state boards under CAA section 128. Specifically, POL section 74(2) states: "No officer or employee ofa state agency, member ofthe legislature or legislative employee shouldhave any interest, fmancial or otherwise, direct or indirect, or engage Page 6 ofllin any business ortransaction orprofessional activity or incur any obligation ofany nature, which is in substantial conflict with the proper discharge ofhis duties in the public interest." POL 74(3)(e) states: "No officer or employee ofa state agency, member ofthe legislature or legislative employee should engage in any transaction as representative or agent ofthe state with any business entity inwhichhe has a direct or indirect financial interestthat mightreasonably tend to conflict withthe proper discharge ofhis official duties." Finally, the Department confirms that where NewYork State has relied ona local or regional government, agency, or instrumentality for the implementation ofany planprovision, the state has responsibility for ensuring adequate implementation ofsuchplanprovision. Section 110(a)(2)(F): Stationary Source Monitoring and Reporting "Each suchplan shall [

. .]require, as may beprescribedby theAdministrator: (i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources to monitor emissionsfrom such sources, (ii) periodic reports on the nature and amounts ofemissions and emissions-related datafrom such source, (iii) correlation of such reports by the state agency with any emission limitations or standards establishedpursuant to this chapter, which reports shall be available at reasonable timesfor public inspection. " Authority for this provision is provided under Article 19 ofthe ECL. Inparticular, ECL section 19-0311 (Operating Permit Program) states in subsection 3 that operating permits issued pursuantto this section shall include, among otherthings, "provisions for detailed monitoring, record-keeping and reporting, including requirements that records be kept for five years, and that monitoring records be submitted to the Department at least every six months

..." This requirement is mirrored in 6 NYCRRPart 201-6.5(b), which requires monitoring ofemissions, recordkeeping, andreporting inpermit conditions that are included in all Title V permits for major stationary sources. The Department constructs statewide emissions inventories in orderto develop control strategies for pollutants from facilities and other stationary sources. Stationary source emissions inventories are based on actual emissions data submitted by major regulated facilities through annual emission statements, and calculated emissions from minor stationary sources based on area source procedures established by EPA. Pb emissions (along with emissions ofotherkey pollutants) are submitted to EPAthrough the Consolidated Emissions Regulatory Report (CERR) for uploading to EPA's National Emission Inventory (NEI). Section 110(a)(2)(G): Emergency Episodes "Each suchplan shallprovidefor authority comparable to that in section 303 ofthis title and adequate contingencyplans to implementsuch authority. " Articles 3 and 19 ofthe ECL provide New York State withthe authority to address air pollution emergencies. To prevent and control these emergency episodes, the Department Page 7 

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### adopted 6NYCRR

### Part 207, "Control Measures for Air Pollution Episode," which implements ECL section 3-0301. Part 207 requires the owner ofa "significant air contamination source" to submit a proposed episode actionplanto the Department's Commissioner, containing detailed steps to be taken by the source ownerto reduce air contaminant emissions during each stage of an airpollution episode. The regulation also enables the Commissioner to designate airpollution episodes which triggerthe action plans. In October, 2009, the Department completed a comprehensive revision ofits Air PollutionEpisode Procedures to address updated PM2.s significant harm levels (SHLs) along with revised values for ozone episodes. The revision involved updating the contact information for the Bureaus ofAir Quality Assurance, Stationary Sources, and Air Quality Surveillance, and the Impact Assessment and Meteorology Section, whichprovide important information and datagathering services during an air pollution episode. Local-level emergency contacts were also updated. NewYork's Air Pollution Episode Procedures include airpollution episode criteria for PM2.s, PM10, ozone, carbon monoxide, sulfur dioxide, and nitrogen dioxide, based on SHLs established by EPA. EPA has not established any SHLs for Ph to this point. The Department has the authority to revise its proceduresto include such criteria for Ph, and commits to doing so upon EPA action. Section 110(a)(2)(H): Future SIP Revisions "Each suchplan shall [

. .]provide for revision of suchplan- (i) from time to time as may be necessary to take account ofrevisions ofsuch primary or secondary [NAAQS] or the availability ofimproved or more expeditious methods ofattaining such standard, and (ii) except as provided in paragraph (3)(C), whenever the Administratorfinds on the basis of information available to the Administrator that theplan is substantially inadequate to attain the [NAAQS] which it implements or to otherwise comply with any additional requirements established under this chapter (CAA). " Revisions to the SIP are authorized by Article 19 and sections 3-0301, 19-0103, 19-0301, 19-0303, and 19-0305 ofthe ECL. Article 19 ofthe ECL was adopted to protectNew York's air resources from pollution and to put into effect the policy ofthe state to maintain a reasonable degree ofpurity ofthe air resources, consistentwiththe public health and welfare and the industrial development ofthe state. To this end, the state legislature gave the Department specific powers and duties, including the power to promulgate regulations for preventing, controlling, orprohibiting airpollution. The Department also has the specific authority to regulate motor vehicle exhaust and approve air contaminant control systems as well as to regulate fuels. Section 71-2103 provides general enforcement authority for the air regulations. Section 71-2105 provides criminal enforcement authority. Thus, New York has the authority to revise the SIP and provide for enforcement inresponse to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or inresponse to an EPA fmding that the SIP is substantially inadequate. Page 8 ofllSection 110(a)(2)(1): Nonattainment Area Plan orPlan Revision Under PartD "Each suchplan shall[

. .] in the case of aplan orplan revisionfor an area designated as a nonattainment area, meet the applicable requirements of part D ofthis subchapter (relating to nonattainmentareas)." This subsectionrelated to a nonattainment areaplan orplan revision is not being addressed in this infrastructure SIP submission. Nonattainment area plans required under Part D are required on a different schedule from the section 110 infrastructure elements and will be developed and submitted, as necessary, through a separate process. Section 110(a)(2)(J): Consultation with Government Officials. Public Notification. PSD, and Visibility Protection "Each suchplan shall [

. .]meet the applicable requirements of section 121 of this title (relating to consultation), section 127 ofthis title (relating to public notification), andpart C ofthis subchapter (relating to prevention ofsignificant deterioration ofair quality and visibility protection). " CAA section 121 requires states to provide a satisfactory process ofconsultation with general purpose local governments, designated organizations ofelected officials oflocal governments, and any Federal Land Manager having authority over federal land to which the state plan applies. OnDecember 22, 2005, the Departmentreestablished a SIP Coordinating Council consisting ofsenior policy representatives from 19 state agencies and authorities, and a SIP Task Force consisting ofofficials from 37local governments and designated organizations ofelected officials. Periodic meetings ofboth groups were held during the ozone and PM2.s SIP development period for the 1997 NAAQS, and will continue as necessary to address the Pb NAAQS and otherrevised standards. CAA section 127 and 40 CFR 51.285 require state plans to containprovisions for notifying the public ofNAAQS exceedances, and for increasing public awareness ofmeasures that canbe takento prevent an exceedance and chances for participation inregulatory efforts to improve air quality. The entirety ofNew York State is currently inattainment, meaning any exceedance ofthe NAAQS would initiate a redesignation to nonattainment, for which public notification is involved. Additionally, all ambient air concentrations capturedby the state's Pb monitoring network are submitted to AQS for public access. Inthe rare event ofan emergency situation related to a malfunction at a major Pb source, the task ofpublic notification would be assumed by the governing body ofthe relevant county pursuantto State General Municipal Law Section 204-f. Municipalities also have emergency response plans recommended by the New York State Emergency Management Office (SEMO) and the Federal Emergency Management Agency (FEMA) thatprovide for public information and notification in the case oflarge-scale emergencies. Emissions ofPb come primarily from stationary sources, as well as from aviation sources. The public therefore has a limited role in measures that canbe taken to preventthe Pb standard from being exceeded; this differs from forecasted exceedances ofozone, for example,

Page 9 ofllwhenthe public is urged to follow energy-saving and pollution-reducing steps such as limiting the use ofappliances and car pooling. The public is afforded the opportunity to participate inregulatory efforts to improve air quality, as laid outin 6 NYCRRPart 617, "State Environmental Quality Review" (SEQR). For each major SIP revision (e.g., a new or revised regulation limiting Ph emissions from a particular source type), SEQRrequires the Departmentto provide appropriate notice, provide the opportunity to submitwritten comments, and allowthe public and local entities the opportunity to request a public hearing. New York has a SIP-approved PSD program that covers all criteriapollutants, including Ph. A regulatory revision to add greenhouse gases as regulated contaminants was recently completed. This program was discussed more thoroughly under section 110(a)(2)(C) ofthis document. The visibility protectionrequirements referenced in this subsection are notbeing addressed in this infrastructure SIP submission. Visibility protection and regional haze program requirements are contained in Part C ofthe CAA (under sections 169A and 169B) and are being metby the Departmentthrough separate efforts. These Part C requirements are not affected by revisions to a NAAQS. There are therefore no new applicable visibility protection obligations under section 110(a)(2)(J) resulting from the 2008 Ph NAAQS revision. Section 110(a)(2)(K): Air Quality Modeling and Data "Each suchplan shall[

. .] provide for- (i) the performance ofsuch air quality modeling as the Administrator may prescribefor the purpose of predicting the effect on ambient air quality of any emissions of any airpollutantfor which theAdministrator has establisheda [NAAQS], and (ii) the submission, upon request, of data related to such air quality modeling to the Administrator. " The Department's regulations under 6 NYCRR Part 200.6, "Acceptable ambient air quality," dictate that "noperson shall allow orpermit any air contamination source to emit air contaminants in quantities which alone or in combination with emissions from other air contamination sources would contravene any applicable ambient air quality standard and/or cause air pollution." As such, when a newmajor source ofemissions is coming online or an existing source is undertaking a modification thatwould lead to a significant increase in its potential to emit, the Department will use modeling as necessary to affirm that compliance with the Ph NAAQS will be maintained. The Department will follow the requirements ofany Ph modeling guidance that EPA may release in the future. The Department also commits to providing modeling datato the EPA Administrator upon request.

Page 

### 10 ofllSection 110(a)(2)(L): Permitting Fees "Each suchplan shall require the owner or operator of each major stationary source topay to thepermittingauthority, as a condition of anypermit required under this chapter, afee sufficient to cover- (i) the reasonable costs of reviewingandacting upon any applicationfor such apermit, and (ii) 

### if the owner or operator receives a permit for such source, the reasonable costs of implementing andenforcing the terms andconditions of any suchpermit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is supersededwith respect to such sources by the Administrator's approval of afeeprogram under subchapter (title) Vof this chapter. " InNew York State, the Title V Permit Fee Program established in ECL section 19-0311(c) requires the Department to promulgate regulations that, among otherthings, require applications to identify and describe facility emissions in sufficient detail to establishthe basis for the fees and applicability ofrequirements ofthe CAA. ECL section 72-0303 requires major stationary sources to pay operating permitprogram fees sufficient to support an appropriation approved by the legislature for the direct and indirect costs associated withthe operating permit program established in section 19-0311. In addition, paragraph 201-6.5(a)(7) of6NYCRR Subpart 201-6, the Department's approved Title V program, specifically states that "[t]he owner and/or operator ofa stationary source shall pay fees to the department consistent with the fee schedule authorized by Subpart 482-2 ofthis Title." Fees generated by this requirement fund New York's Title V Program. NewYork State commits to continued implementation ofthe major stationary source permit fee regulations. Section 110(a)(2)(M): Consultation/Participationby Affected Local Entities "Each such plan shall [

. .] provide for consultation and participation by local political subdivisions affectedby theplan." The Departmentis generally self-reliant when it comes to developing, implementing, and enforcing the SIP. When necessary, additional consultation and participationby local political subdivisions are provided throughthe SIP Task Force that was established in2005, which consists ofofficials from 3 7 local governments and designated organizations ofelected officials. Otherwise, New York's county agencies are no longer relied upon for their assistance with these SIP-related tasks, nor are any other organizations. Participation by affected local entities, as well as the public, is provided for through 6 NYCRRPart 617, "State Environmental Quality Review." For each major SIP revision, SEQR requires the Department to provide appropriate notice, provide the opportunity to submit written comments, and allowthe public and local entities the opportunity to request a public hearing.

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