Alexander B. Grannis 

# r----­ I Departmentof Environmental Conservation Division ofAir Resources

Commissioner



# NEWYORK STATE IMPLEMENTATION PLAN FORTHE INTERSTATETRANSPORT OF PM2.5 UNDERSECTION 11 O(a)(2)(D)(i) 

# & INFRASTRUCTURE ASSESSMENT UNDERSECTIONS 11 0(a)(1) AND (2) OF THE CLEAN AIRACT

FINAL FEBRUARY 2010
NewYork State Department of Environmental Conservation I 

### David

### A. Paterson, GOVERNOR AlexanderB.

### GranniS'~ COMMISSIONER 

# _JNEWYORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION'S "TRANSPORT SIP" ADDRESSING THE SATISFACTION OF OBLIGATIONS UNDER SECTION 110(a)(2)(D)(i) OF THE CLEAN AIRACT FOR THE 2006 PM2.5 NATIONALAMBIENTAIR QUALITY STANDARD
Introduction:
EPA promulgated a24-hour National AmbientAir Ouality Standards (NMOS)for fine particulate matter2.5 microns or less in size (PM2.5) on September 21, 2006. Section 110(a)(1) requires that states submita state implementation plan (SIP) within three years afterthe promulgation ofa NMOS demonstrating thatthey meettheir Section 110(a)(2)(D)(i)transport obligations underthe Clean AirAct (CM). This includes showing that its emissions do notcontribute significantlyto anotherstate's nonattainment, or interfere with maintenance ofthe national primary or secondary ambient air qualitystandard, or interfere with measures required in the applicable SIP for another state designed to "protectvisibility" for the PM2.5 NMOS until regional haze SIPs are submitted.
This "transport SIP" revision is being provided to EPAto address these requirements and, as outlined in EPA's August 15, 2006 gUidance from Mr. William Harnett providing guidance on the content ofthis submission, affirms the following:

• Thatthe transport of PM2.5 does not contribute significantlyto nonattainment in, or interfere with maintenance by, any otherstate with respect to any such national primaryorsecondaryambient air quality standard, orinterfere with measures required to be included in the applicable implementation plan for any other state.

• Thatthe PSD and NNSR program in NewYork addresses the requirement that new or modified sources will not cause orcontribute to air pollution in excess of the NMOSfor PM2.5, and

• That no source in NewYork can be shown to interfere with measures intended to protectvisibility in other states. Transport of PM2.5: On April 29,2008, the Department submitted the attainment SIP for the 1997 annual PM2.5 NMOS. This SIP contains the strategies and measures thatwill be implemented in NewYork so that the 1997 annual PM2.5 NMOSwill be met by the 2010 deadline. The emission reduction measures contained in this SIP can be expected to help to achieve compliance with the 24-hour PM2.5 NMOS as well. These measures include:

• Subpart227-2 Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOx)• Subpart 220-1 Portland Cement Plants (NOx RACT)

• Subpart 220-2 Glass Manufacturing (NOx RACT) Among the other measures included in the annual PM2.5 SIP thatwill require emission reductions is the Clean Air Interstate Rule (CAIR), promulgated in March of 2005, or its replacement program. In this rule, EPA intended to control and reduce the CAIR states' emissions of PM2.5 precursors that significantly contribute to, orinterfere with, maintenance requirements, and claimed that CAIR would provide sufficient emission reductions to alleviate transport issues. On July 11, 2008, the D.C. Circuit Court ofAppeals issued a ruling thatwould havevacated CAIR. EPAappealed the ruling on September24, 2008. On December23, 2008, instead ofvacating the rule, the CAIR regulations were remanded to the EPAto address deficiencies identified by the court.
While the CAIR program rules are being revised, the original requirements remain in effectatthe federal level. Additionally, NewYork has enacted CAIR program requirements atthe state level through the promulgation of6 NYCRR Part 243, CAIR NOx Ozone Season Trading Program, Part 244, CAIR NOxAnnual Trading Program and Part245, CAIR S02Trading Program. While EPA's September25,2009 "Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) forthe 2006 24­ Hour Fine Particle (PM2.5) National AmbientAir Ouality Standards (NMOS)" states thatthe federal CAIR program cannot be used to demonstrate that a state's emissions do notsignificantly contributeto nonattainment ofthe NMOS in any other state or interfere with maintenance, the continuing applicability ofCAIR program requirements at both the federal and state levels will persist in requiring the same emission reductions previously represented by EPA as sufficient to meet section 110(a)(2)(D)(i) requirements.
While CAIRdoes notdirectly address the 24-hour PM2.5 NMOS, it addresses the precursors of PM2.5. Therefore, its implementation can be expected to havethe same protective effect on the 24-hour NMOS as itwould on the annual standard. In the September 25, 2009 guidance, EPA states its intention to complete a rule to address interstate transport in the Eastern United States. EPA goes on to say "that new rule will assist states with obligations to address interstate transportthat significantly contributes to nonattainment in another state." Since this new rule will not be done in time to address the requirements ofsection 110(a)(2)(D) forthe 2006 24-hour PM2.5 NMOS, New York is committing to the adoption ofthe measures identified by EPAas needed to address interstate transportfor the 2006 24-hour PM2.5 NMOS upon EPA's completion ofthis rulemaking.
In addition to measures specifically intended to address PM2.5 emissions along with its precursors, NewYork submitted an attainment SIP forthe 1997 8-hour ozone NMOSfor the New York Metropolitan nonattainmentarea on February 8,2008. The reduction in emissions ofthe precursors of PM2.5 proposed in this SIP can also be expected to assure that NewYork does not contribute significantly to, or interfere with 2the maintenance of, the applicable NMOS by any otherstate. These measures include:

• Subpart 227-2 Reasonably Available Control Technology (RACT)for Oxides of Nitrogen (NOx)

• Subpart220-1 Portland Cement Plants (NOx RACT)

• Subpart 220-2 Glass Manufacturing (NOx RACT) Cumulatively, all ofthe above measures are expected to be adequate to meet the requirements ofsection 110(a)(2)(D) based on EPA's prior CAIR assessment, the supporting effects of NewYork's permitting programs, the effects ofemission reductions proposed in NewYork's PM2.5 SIP for the annual NMOS and 8-hour ozone SIP, and the state NNSRlPSD program discussed below will ensure this.
NewYork's Sources Do Not Cause or Contribute to Air Pollution in Excess ofthe NMOS
EPA's guidance document indicates that, in demonstrating that sources in the state do not cause or contribute to air pollution in excess ofthe NMOS, each state must make a SIP submission confirming that major sources in the state are currently SUbject to PSD and NNSR permitting programs that implementthe PM2.5 standards. For PM2.5, states must confirm that majorsources are subjectto PSD and NNSR permitting programs implemented according to EPA guidance that calls for the use of PM10 as a PM2.5 surrogate. On March 12,2009, NewYork submitted 6 NYCRR Part 231, New Source Review for Newand Modified Facilities, to EPAfor approval and inclusion in the SIP. This regUlation meets the CMsection 110(a)(2)(D)(i) and 110(a)(2)(J) requirements for the application of PSD and New Source Review requirements in NewYork and is presently in effect in NewYork. The application ofthese requirements ensures that major sources of PM2.5 in the state are currently subject to PSD and NNSR permitting programs that implementthe PM2.5 standard as suggested by the gUidance.
With state-level PSD and NNSR requirements for PM2.5 now in effect in New York, the Department meets the requirement ensuring that majorsources in this state will not cause or contribute to air pollution in excess ofthe NMOS.
Interference with Visibility Impact Reduction Measures:
The Department is presently in the process ofpreparing a Regional Haze SIP for submission to EPA. This documentwas produced in cooperation with other states and federal land managers through the Mid-Atlantic NortheastVisibility Union (MANE-VU) which developed a control strategythat will result in the reduction in visibility impairment in federal Class Iareas by reducing the emission of particulate matter, including PM2.5, and its precursors. The improvement in visibility is projected to follow the "glide path" 3that is expected to return visibility conditions to the preindustrial state by 2064. This strategy includes a numberofcontrol measuresto which NewYork has committed that will enable NewYorkto meet its obligation to avoid any interference with measures in the applicable SIP for another state designed to "protect visibility" orthe PM2.5 NAAQS.
In addition to the control measures referred to above forthe PM2.5 and Ozone SIPs, NewYork is committing to reduce the sulfur-in-fuellimitsforstationary sources through the adoption ofrevisions to Subpart 225-1, Fuel Composition and Use

- Sulfur Limitations. The regional haze SIP also includes a commitmentto reduce sulfur dioxide emissions by 90 percentfrom certain electricity generating units identified by MANE-VU that contribute over halfofthe mass ofsulfate and 70 to 80 percent ofthe Visibility impairment or equivalent measures. This commitment includesthe over 123,000tons ofannual emission reductions being realized by the enforceable reductions being realized through the implementation ofthe controls resulting from the AES and NRG/Niagara Mohawk PSD cases settlements.
At this time, the federal land managers ofthe Class Iareas whose visibility may be impacted by sources in NewYork State have completed their review, and the required public hearing forthe submission will be held shortly priorto submission to EPA. With the submission ofits regional haze SIP, NewYorkwill have metthe requirements ofCAA sections 110(a)(2)(D)(i)(II) and 110(a)(2)(J) and EPA's August 2006 guidance forthe demonstration thatthe state's PM2.5 SIP does not interfere with avisibility impact reduction measure being taken by otherstates.

4NEWYORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION'S CLEAN AIR ACT SECTION 110(a) "INFRASTRUCTURE" ASSESSMENT FORTHE 2006 24-HOllR NAAQS
Introduction:
Pursuantto CMsections 110(a)(1) and (2), states are required to meet basic SIP requirements related to the attainmentofnewor revised NMOS, including those related to emission inventories, monitoring and modeling to assure attainment, maintenance and enforcementofthe standards. SIPs meeting the requirements ofCM sections 110(a)(1) and (2) must be submitted within three years after promulgation ofa newor revised standard.
In accordance with EPA guidance dated October2,2007, this submission addresses each ofthe required infrastructure elements ofCMsection 110(a)(2), and affirms that NewYork State's SIPs meetthe requirements ofCMsections 110(a)(1) and (2). The required elements are described in the following sections ofthe CM:

• Enforceable Emission Limitations and Other Control Measures (110(a)(2)(A)) • AmbientAir Quality Monitoring, Compilation, Analysis and Reporting (110(a)(2)(8)) • Enforcement and Stationary Source Permitting (110(a)(2)(C)) • Interstate Transport (110(a)(2)(D)) • Assurance ofAdequate Resources (110(a)(2)(E)) • Stationary Source Monitoring System and Reporting (110(a)(2)(F)) • Emergency Powers and Contingency Plans (110(a)(2)(G)) • Authority for SIP Revisions for Revised NMQS (110(a)(2)(H)) • Authority for SIP Revisions for New NonattainmentAreas (110(a)(2)(1)) • Consultation, Public Notification and Prevention ofSignificant Deterioration (PSD)Nisibility (110(a)(2)(J)) • AirQuality Monitoring and Reporting (110(a)(2)(K)) • Permitting Fees (110(a)(2)(L)) • Consultation/Participation with Affected Local Entities (110(a)(2)(M))
Infrastructure SIP Requirements Section 11O(a) Requirements
The NewYork State Departmentof Environmental Conservation (Department) has addressed the specific regulation of PM2.5 in several ways. One ofthese was through a revision to 6 NYCRR Part 200. In this revision, subdivision 200.1(av) was amended to include the newfine particulate matter (Le., PM2.5) NMQS nonattainment area designation and geographic boundary as promulgated by EPA on January 5,2005. On March 12,2009, NewYork submitted 6 NYCRR Part 231, New Source Review for Newand Modified Facilities, to EPAfor approval and inclusion in the SIP. This regulation meets the federal requirements for the application of PSD and New 5

### Source Review requirements in NewYork and is presently in effect in NewYork. The application ofthese req.uirements ensures that major sources of PM2.5 in the state are currently subject to PSD and NNSR permitting programs that implementthe PM2.5 standard as suggested by the guidance. With PSD and NNSR requirements for PM2.5 now in effect in NewYork, the Department meets the requirement ensuring that major sources in this state will not cause or contribute to air pollution in excess ofthe NAAQS in NewYork or otherstates. Additionally, new control measures have been provided for in NewYork's April 29, 2008 PM2.5 SIP submission which contains the strategies and measures that will be implemented in NewYork so that the 1997 NAAQS will be met by the 2010 deadline. This SIP is presently being revised in response to EPA comments. With rules already in place along with the changes described in the next section, NewYork State has adequate authority to promulgate and enforce necessary rules, and programmatic "infrastructure" to implementthe 2006 24-hour PM2.5 NAAQS. Enforceable Emission Limitations and Other Control Measures (11O(a)(2)(A)) CAA section 110(a)(2)(A) requires SIPs to include enforceable emission limits and other control measures, means ortecllniques, schedules for compliance and otller related matters. On April 29, 2008, the Department submitted the attainment SIP for the 1997 annual PM2.5 NAAQS. This SIP contains the strategies and measures that will be implemented in New York so that the 1997 annual NAAQS will be met by the 2010 deadline. In the PM2.5 SIP, a number ofstate programs and regulations are anticipated to be put in place that will provide the necessary enforceable emission limitations and other control measures for PM2.5 in New York State. Other programs and regulations that address PM10 or PM generally are already in effect. Although not specific to PM2.5, these programs and regulations will reduce the ambient levels of PM2.5 by reducing its emissions along with the emissions of PM1O,.pM and its precursors, resulting in the enforceable emission limits and other control measures necessary to address the 2006 PM2.5 NAAQS.
In addition to state regulations, a number of enforceable federal programs are also in place that will reduce PM2.5 ambient levels by controlling the emissions of PM and its precursors. These requirements are applied through New York State's federallyapproved Title V program and 6 NYCRR Part 201 which provide the vehicle for enforceability ofthe requirements that apply to stationary sources subject to the appropriate state and federal regulations. Ambient Air Quality Monitoring, Compilation, Analysis and Reporting (110(a)(2)(8)) CAA section 110(a)(2)(8) requires SIPs to include provisions to provide forthe establishment and operation of ambient air quality monitors, collecting and analyzing ambient air quality data, and making these data available to EPA upon request. This information is included in the various SIPs that have been submitted to EPA. Most recently related to PM2.5, this provision was made in the April 2008 SIP forthe annual PM2.5 standard (section 4.1). 6The Department measures air pollutants at 80 sites across the state, using continuous and/or manual instrumentation. These sites are part ofthe federallymandated National Core Sites (Ncore) mUlti-pollutant monitoring network and the State and localAir Monitoring Stations (SLAMS) Network. Real-time direct reading measurements include gaseous criteria pollutants (ozone, sulfur dioxide, oxides of nitrogen, carbon monoxide), PM2.5 (fine particulate with a diameter less than 2.5 microns), and meteorological data. Filter-based PM2.5, lead, and acid deposition samples are collected manually and shipped to the laboratoryfor analysis. The information obtained is compared to the NAAQS and is used to determine the attainment status ofareas where these pollutants are monitored.
The near real-time data for gaseous pollutants and PM2.5 are used for Air Quality Index (AQI) projection, and cali be accessed by interested public on the DEC web site. The Department also provides real-time data to EPAforAIRNOW live national ozone and PM10 and PM2.5 mapping. All ambient measurements undergo data validation and are subsequently submitted to EPA'sAir Quality System (AQS) for public access. The Department commits to continue to operate an air quality monitoring network that complies with EPA requirements and to submit these data to EPA's Air Quality System.
Enforcementand Stationary Source Permitting (110(a)(2)(C)) CAAsection 110(a)(2)(C) requires states to include a program providing for enforcementofall SIP measures and the regulation ofconstruction ofnew or modified stationarysources to meet PSD and NNSR requirements.
Environmental Conservation law (ECl) §19-0305 authorizes the commissioner ofthe Departmentto enforce the codes, rules and regulations ofthe Department established in accordance with this article. The SIP is a compilation of rules and regulations that are promulgated to achieve attainment ofa NAAQS. Therefore, the Department has the authority to enforce all SIP measures. On March 12,2009, NewYork submitted 6 NYCRR Part231, New Source Review for New and Modified Facilities, to EPAfor approval and inclusion in the SIP. This regulation meetsthe federal requirements forthe application of PSD and New Source Review requirements in NewYork and is presently in effect in NewYork. The application ofthese requirements ensures that major sources of PM2.5 in the state meetthe requirements ofthe federal PSD and NNSR permitting programs as they apply to PM2.5. With PSD and NNSR requirements for PM2.5 now in effect in !'Jew York, the Department meets the requirement ensuring that major sources in this state will not cause orcontribute to air pollution in excess ofthe NAAQS in NewYork or otherstates. NewYork ensures that all applicable federal PSD requirements which are included in PSD permits are incorporated into Title V operating permits, and that all 

### 7federally-enforceable requirements are applied and enforced. NewYorktherefore affirms that the current NNSR and PSO permitting programs remain in effect and continue to apply to the state's major stationary sources, and that the requirements from these programs are federally enforceable.
Interstate Transport (110(a)(2)(0))
CMsection 110(a)(2)(O) requires SIPs to include provisions prohibiting any source orothertype ofemissions actiVity in one state from contributing significantly to nonattainment, or interfering with maintenance, ofthe NMQS in another state, orfrom interfering with measures required to prevent significant deterioration ofairquality orto protectvisibility in another state. In accordance with EPA guidance issued on August 15, 2006, states may continue to rely on their existing NNSR and PSO permitting programs to prevent significant deterioration ofair quality within their own boundaries and in adjacent states. NewYork affirms that the currently-effective NNSR permitting program as well as the revised PSO requirements contained in 6 NYCRR Part 231 remain in effect, and continue to apply to the state's major stationary sources. An integral part ofthe effortto reduce interstate transport of PM2.5 and other pollution was embodied in the Clean Air Interstate Rule (CAIR). CAIR was intended to reduce particulate emissions through the control ofoxides ofnitrogen and sulfur oxides from large electrical generating units (EGUs). On July 11,2008,the D.C. Circuit Court ofAppeals issued a ruling that would havevacated CAIR. EPA appealed the ruling on September 24, 2008. On December23, 2008, instead ofvacating the rule, the CAIR regulations were remanded to EPAto address deficiencies identified by the court. Although EPA's September25,2009 "Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) forthe 2006 24-Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NMQS)" indicates that the federal CAIR program cannot be used in their infrastructure assessment, the continued applicability ofthe CAIR program on the federal level as well as through state CAIR rules presently in effect (6 NYCRR Part 243, CAIR NOx Ozone Season Trading Program, Part 244, CAIR NOx Annual Trading Program and Part 245, CAIR S02 Trading Program) are expected to reduce emissions according to the schedule and quantitythat EPA previously contended would prevent states from contributing significantly to nonattainment, or interfering with maintenance, ofthe NMQS in anotherstate, orfrom interfering with measures required to prevent significant deterioration ofair quality orto protectvisibility in anotherstate. Thus, its use in the present infrastructure demonstration continues to be valid. Further, it should be noted that although CAIR does not directly address the 24-hour PM2.5 NMQS, it addresses the precursors of PM2.5 and so its implementation can be expected to have the same protective effect on this NMQS as itwould on the annual standard. Therefore, NewYork's submission ofa SIP satisfying CAIR's. requirements on March 29, 2007 and the administration of6 NYCRR Parts 243, 244 and 245 addresses the section 110(a)(2)(O)(i) requirement. Furthermore, in the September 25, 2009 guidance, EPA states.its intention to complete a rule to address interstate transport in the Eastern United States. EPA goes 8on to say "that new rule will assist states with obligations to address interstate transport that significantly contributes to nonattainment in anotherstate." Since this new rule will not be done in time to address the requirements ofsection 110(a)(2)(0) for the 2006 24­ hour PM2.5 NAAQS, NewYork is committing to the adoption ofthe measures identified by EPA as needed to address interstatetransportforthe 2006 24-hour PM2.5 NAAQS upon EPA's completion ofthis rulemaking. On April 29, 2008, the Oepartment submitted a draft attainment SIP to EPAfor the 1997 annual PM2.5 NAAQS. This SIP contains the strategies and measuresthat will be implemented in NewYorkso thatthe 1997 NAAQSwill be met bythe 2010 deadline. EPA has commented on this submission, and the SIP is presently being revised in response to these comments. However, the emission reduction measures contained in this SIP can be expected to help to achieve compliance with the 24-hour PM2.5 NAAQS in addition to the annual PM2.5 NAAQS, and playa role in preventing interference with, or maintenance of, attainmentwith the 24-hourstandard. These measures include:

• Subpart 227-2 ReasonablyAvailable Control Technology (RACT) for Oxides of Nitrogen (NOx)

• Subpart 220-1 Portland Cement Plants (NOx RACT)

• Subpart 220-2 Glass Manufacturing (NOx RACT)
In addition to measures specifically intended to reduce PM2.5 emissions along with its precursors, NewYork submitted an attainment SIP for the 1997ozone NAAQS forthe New York Metropolitan nonattainment area on February 8, 2008. The reduction in particulate emissions associated with the control ofoxides ofnitrogen underthese SIPs can also be expected to prevent NewYorkfrom contributing significantlyto nonattainment in, or interfere with maintenance of, the applicable NAAQS by any other state.
All ofthe above measures, taken together, will be more than adequate to meet the requirements ofsection 110(a)(2)(0) based on EPA's prior CAIR assessmentand the supporting effects of NewYork's NNSR and PSO, and permitting programs. Additionally, the effects ofemission reductions proposed in NewYork's PM2.5 SIP for the annual NAAQS and 8-hour ozone SIP will ensure this.
Assurance ofAdequate Resources (110(a)(2)(E)) CAAsection 110(a)(2)(E) requires states to provide (i) necessary assurances thatthe state will have adequate personnel, funding and authority under state lawto carry out its SIP, (ii) requirements thatthe state complywith the requirements respecting state boards under CAA section 128, and (iii) necessary assurances that, where the state has relied on a local or regional government, agency, or instrumentality for the implementation ofany plan provision, the state has responsibilityfor ensuring adequate implementation ofsuch plan provision. 9The 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 nonpersonnel services such as travel, supply and equipment costs. Indirect costs are, in turn, allocated to other Departments ordivisions that support DAR activities. DAR is allocated operating funds from five sources: General Fund, Utility Environmental Regulatory Account, Co-operative Agreements (i.e., CMsection 103 and 105 grants) and the Clean Air Fund, which is comprised ofthe Title V and Mobile Source Accounts. Capital funds are allocated to DAR at the discretion ofthe NewYork State legislature and are used forthe financing or acquisition ofcapital facilities such as the construction ofan air monitoring site. DAR is allocated Capital funds from three sources: General Fund, Mobile SourceAccount and Rehabilitation and Improvement. Section 110(a)(2)(E)(ii) requires that the state comply with the requirements respecting state boards under CMsection 128. NewYork's Public Officer's law (POL) satisfies these requirements. Specifically, POL section 74(2) states: "No officeror employee ofa state agency, memberofthe legislature or legislative employee should have any interest, financial orotherwise, direct or indirect, orengage in any business or transaction or professional activity or incurany obligation ofany nature, which is in substantial conflict with the properdischarge of his duties in the public interest." POL 74(3)(e) states: "No officeroremployee ofa state agency, memberofthe legislature or legislative employee should engage in any transaction as representative oragent ofthe state with any business entity in which he has a direct orindirectfinancial interestthat might reasonably tend to conflictwith the properdischarge ofhis official duties." Finally, the Department confirms thatwhere NewYork State has relied on a local or regional government, agency, or instrumentalityforthe implementation ofany plan prOVision, the state has responsibilityfor ensuring adequate implementation ofsuch plan provision. Stationary Source Monitoring System and Reporting (110(a)(2)(F)) CMsection 110(a)(2)(F) requires states to establish a system to monitor emissions from stationary sources and to submit periodic emissions reports. Authorityforthis provision is provided underArticle 19 ofthe ECL. In particular, ECl section 19-0311 [Operating Permit Program] states in section 3 that operating permits issued pursuantto this section shall include, among othe'rthings, "provisions for detailed monitoring, record-keeping and reporting, including reqUirements that records be kept forfive years, and that monitoring records be submitted to the Department at least every six months

..."This requirement is mirrored in 6 NYCRR Part 201-6.5(b), which requires monitoring ofemissions, record-keeping and reporting in permit conditions that are included in all Title V permits for majorstationary sources. The Department constructs statewide emissions inventories in orderto develop 10control strategies for pollutants from facilities and otherstationary 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. PM2.5 emissions (along with emissions ofother key pollutants) are submitted to EPAthrough the Consolidated Emissions Regulatory Report (CERR) for uploading to EPA's National Emission Inventory. Emergency Powers and Contingency Plans (110(a)(2)(G))
CAA section 110(a)(2)(G) requires states to provide for authority to address activities causing imminent and substantial endangerment to public health, including contingency plans to implementthe emergency episodes in their SIPs. Articles 3 and 19 ofthe ECl provide this authorityto the Department.
To further prevent and control air pollution emergencies, the Department adopted a regulation at 6NYCRR Part 207, Control Measures ForAir Pollution Episode, which implements ECl section 3-0301. EPA approved this regulation as partofthe NewYork SIP (46 FR 55690). Among otherthings, 6 NYCRR Part 207 requires personswho own a significant air contamination source to submita proposed episode action plan to the commissioner, and enable the commissionerto designate air pollution episodeswhich triggerthe action plans. The Department also maintains an Episode Action Plan with guidelines and protocols to be followed in case ofan air pollution emergency. The Department's Episode Action Plan has been updated to reflect the PM2.5 Significant Harm levels (SHls) proposed by EPAon January 15, 2009 along with revised values for ozone episodes. The Department's emergency action plan requires significantaircontamination sources to committo a plan containing detailed stepswhich will be taken by the air contamination source owner to reduce air contaminant emissions during each stage of an air pollution episode. Additionally, when weather conditions and/or the concentration ofan air contaminant orcontaminants are such that immediate action is necessaryto preventfurther increases in aircontamination or damage to life, property or environmental quality, the Department designates by orderthat a "Forecast," "Alert I," "Alert II" or "Emergency" stage ofan air pollution episode exists. In exercising such prevention and control, the Department and the commissioner may limitthe consumption offuels and use ofvehicles, curtail or require the cessation ofindustrial processes and limit or require the cessation ofincineration and open burning, and take any otheraction the commissioner deems necessaryto prevent and/or control air pollution emergencies.
With the provision ofthe above measures in NewYork, and the incorporation of the SHls proposed by EPA on January 15, 2009, the requirements ofCAA section 110(a)(2)(G) are being met.

11Authority for SIP Revisions for Revised NAAQS (110(a)(2)(H))
CAAsection 110(a)(2)(H) requires states to have the authority to revise their SIPs in response to changes in the NAAQS, availability ofimproved methods for attaining the NAAQS, or in response to an EPAfinding that the SIP is substantially inadequate.
Revisions to the SIP are authorized byArticle 19 and sections 3-0301, 19-0103, 19-0301, 19-0303 and 19-0305 ofthe ECL. Article 19 ofthe EClwas adopted to protect NewYork's air resources from pollution and to put into effect the policy ofthe state to maintain a reasonable degree of purity ofthe air resources, consistentwith the public health and welfare and the industrial development ofthe state. Tothis end, the legislature gave the Department specific powers and duties, including the powerto promulgate regulations for preventing, controlling, or prohibiting air pollution. The Department also has the specific authorityto regulate motorvehicle exhaust and approve air contaminant control systems as well as regulate fuels. Section 71-2103 provides general enforcement authorityfor the air regulations. Section 71-2105 provides criminal enforcement authority. Thus, NewYork has the authorityto revise SIPs and provide for enforcement in response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or in response to an EPA finding thatthe SIP is substantially inadequate. Authority for SIP Revisions for New NonattainmentAreas (110(a)(2)(I))
CAA section 110(a)(2)(I) requires states to have the authority to revise their SIPs in response to changes in nonattainment areas. Revisions to the SIP are authorized byArticle 19 and sections 3-0301, 19-0103, 19-0301, 19-0303 and 19-0305 ofthe ECL. Article 19ofthe EClwas adopted to protect NewYork's air resources from pollution and to put into effectthe policy ofthe state to maintain a reasonable degree of purity ofthe air resources, consistentwith the public health and welfare and the industrial development ofthe state. To this end, the legislature gave the Department specific powers and duties, including the powerto promulgate regulations for preventing, controlling, or prohibiting air pollution. The Department also has the specific authorityto regulate motorvehicle exhaust and approve air contaminant control systems as well as regulate fuels. Section 71-2103 provides general enforcement authorityfor the air regulations. Section 71-2105 provides criminal enforcement authority. New York, therefore, has the authorityto revise SIPs and provide for enforcement in response to changes in nonattainment areas. Consultation, Public Notification and PSDNisibility (110(a)(2)(J)) CAA section 110(a)(2)(J) requires states to meetthe applicable requirements of CAAsection 121 relating to consultation CAA section 127 relating to public information, I and Part C relating to PSD and Visibility protection.

12CAA section 121 requires states to provide a satisfactory process ofconsultation with general purpose local governments, designated organizations ofelected officials of local governments, and any Federal Land Manager having authority over Federal land to which the state plan applies. On December 22,2005, the Department reestablished a SIP Coordinating Council consisting of senior policy representatives from 19 state agencies and authorities, and a SIP Task Force consisting ofofficials from 37 local governments and designated organizations ofelected officials. Periodic meetings of both groups were held during the ozone and PM2.5 SIP development period for the 1997 NAAQS, and will continue for the revised standards.
40 CFR 51.308(i) requires consultation between states, tribes and the Federal Land Managers in coordinating efforts to reduce visibility impairment in Class Iareas affected by sources in NewYork. These parties agreed to participate in Regional Planning Organizations (RPOs) to facilitate interstate coordination on the development of Regional Haze SIPs required under Section 159Aofthe CAA. The State ofNew York participated in the coordination activities through the Mid-Atlantic/Northeast Visibility Union (MANE-VU) which is managed by the Ozone Transport Commission (OTC). Also participating in consultations were the Mid-Atlantic Regional Air ManagementAssociation (MARAMA) and the Northeast States for Coordinated Air Use Management (NESCAUM). Additional consultation was carried out by meeting with RPOs for the areas contiguous to the MANE-VU area. A numberof phone calls also took place during the 50-daytime period in which the Federal Land Managers were afforded the opportunity to review the draft regional haze SIP.
CAA section 127 requires state plans to contain measureswhich will be effective to notify the public during any calendaryear, on a regular basis, of instances orareas in which any national primaryambientair quality standard is exceeded orwas exceeded during any portion ofthe preceding calendaryear. It also requires measures to advise the public ofthe health hazards associated with such pollution, and to enhance public awareness ofthe measures which can be taken to prevent such standards from being exceeded and the ways in which the public can participate in regulatory and other efforts to improve air quality.
The Department'swebsite, at http://www.dec.ny.gov/chemical/34985.html. contains an Air Quality Index (AQI) for reporting daily airqualityto the public. It describes how clean or polluted the air is, and what associated health effects might be a concern. Itwas created as away to correlate levels ofdifferent pollutants to one scale; the higherthe AQI value, the greaterthe health concern. When levels of ozone and/or fine particles are expected to exceed an AQI value of 100, an Air Quality Health Advisory is issued alerting sensitive groups to take the necessary precautions. The Department, in cooperation with the NewYork State Departmentof Health, posts warnings on the above-referenced website and issues press releases to local media outlets if dangerous conditions are expected to occur. The Air Quality Forecast displays the predicted AQI value for eight regions in NewYork State. It also displays the observed values forthe previous day. Airquality measurements from New York's statewide continuous monitoring network are updated hourlywhere available. Parameters monitored include ozone, 'fine particulate, carbon monoxide, sulfurdioxide, 13nitrogen oxides, methane/nonmethane hydrocarbons, and meteorological data.
In accordance with EPA guidance issued on August 15, 2006, states may rely on their existing NNSR and PSD permitting programs to prevent significant deterioration of airqualitywithin theirown boundaries and in adjacent states. On March 12,2009, New York submitted 6 NYCRR Part 231, New Source Reviewfor New and Modified Facilities, to the EPAfor approval and inclusion in the SIP. This regulation meetsthe federal requirements forthe application ofboth PSD and New Source Review requirements in NewYork and is presently in effect in NewYork. The application of these requirements ensures that majorsources of PM2.5 in the state are currently subject to PSD and NNSR permitting programs that implementthe PM2.5 standard as suggested by the guidance.
NewYork commits to the continued enforcement ofall SIP measures and the regulation ofconstruction ofnew or modified stationary sources to meet NNSR and PSD requirements, incorporating the resulting requirements into NewYork State's Title V operating permits.
The Department, in cooperation with the Federal Land Managers and other states throughout the Mid-Atlantic NortheastVisibility Union (MANE-VU), developed a control strategy thatwill result in the reduction in visibility impairment in federal Class I areas by reducing the emissions ofparticulate matter, including PM2.5, and its precursors. This control strategy is being incorporated into NewYork's Regional Haze SIP. The improvement in visibility is projected to follow the "glide path" that is necessaryto return visibility conditions to the pre-industrial state by 2064. This strategy includes a number ofcontrol measures towhich NewYork has committed that will enable NewYork to meet its obligation to avoid any interference with measures in the applicable SIP for anotherstate designed to "protectvisibility" orthe PM2.5 NAAQS.
Atthis time, the Federal Land Managers ofthe Class Iareas whose visibility may be impacted by sources in NewYork State have completed their review, and the required public hearing forthe submission will be held shortly priorto submission to the EPA. With the submission ofits regional haze SIP, NewYork will have metthe requirements suggested in EPA's guidancefor demonstrating that the state's PM2.5 SIP does not interfere with a visibility impact reduction measure being taken by other states.
Air Quality Modeling 

### I Data Submission (110(a)(2)(K)) CAA section 110(a)(2)(K) requires states to provide for the performance ofsuch air quality modeling as the Administrator may prescribe for the purpose ofpredicting the effect on ambient airquality ofany emissions ofany air pollutantforwhich the Administrator has established a NAAQS. It also requires states to submit, upon request, data related to such airquality modeling to the Administrator.
The Department certifies that the air quality modeling and analysis used in its

14

### SIPs complies with EPA's guidance1

### 0n the use of models in attainment demonstrations, and commits to continue to use air quality models in accordance with EPA's approved modeling guidance and to submit data to the Administrator if requested. Permitting Fees (110(a)(2)(l))
The CM, section 110(a)(2)(l) directs states require each majorstationary source to pay permitting fees (Title V Permit Fees) sufficientto coverthe reasonable costs of reviewing, planning, approving, implementing and enforcing permits.
In NewYork State, the Title V Permit Fee Program is established in EClsection 19-0311(c) requiring the Departmentto promulgate regulations that, among other things, require applications to identify and describe facility emissions in sufficient detail to establish the basis forthe fees and applicability of requirements ofthe CM. ECl section 72-0303 requires major stationary sources to pay operating permit program fees sufficientto support an appropriation approved by the legislature for the direct and indirect costs associated with the operating permit program established in section 19­ 0311.
In addition, paragraph 201-6.5(a)(7) of6 NYCRR Subpart 201-6, the Department's approved Title V program, specifically states that "The owner and/or operator of a stationary source shall pay fees to the department consistent with the fee schedule authorized by Subpart482-2 ofthis Title."
Fees generated by this requirement fund NewYork's Title V Program and the state commits to continue to implement the major stationary source permitfee regulations. Consultation / Participation by Affected local Entities (110(a)(2)(M)) CMsection 110(a)(2)(M) requires states to provide for consultation and participation by local political subdivisions affected by the plan.
The Department established an Inter-agency Consultation Group (ICG) pursuant to 6 NYCRR Part 240, "Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded orApproved under Title 23 U.S.C. orthe Federal Transit laws." Members ofthis group include the Federal TransitAdministration, Federal HighwayAdministration, the New York State Department ofTransportation, the United States Environmental Protection Agency, the New York State Department of Environmental Conservation, and several Metropolitan Planning Organizations statewide. The ICG is central to the entire transportation conformity process, and serves as the underpinning for conformity determinations and as the primary mechanism for ensuring early coordination and negotiation among all parties affected by transportation conformity, including the general public, the business

J US EPA 2007. "Guidance on the use of models and other analyses for demonstrating attainment of air quality goals for ozone, PM25 and regional haze." EPA-454/B-07-002. 15

### community, and other interested parties.
Additional consultation and participation by local political subdivisions are provided through the SIP Task Force thatwas established on December22, 2005, which consists ofofficials from thirty-seven local governments and designated organizations ofelected officials. Meetings and conference calls are held at appropriate times as SIPs are being developed or issues arise.
The Department commits to continue to provide for consultation and participation in the SIP development process by local political subdivisions.

16