Alexander B. Grannis 

r----­

I	 Department of Environmental Conservation 

Division of Air Resources 

Commissioner 

NEW YORK
 

STATE IMPLEMENTATION PLAN
 

FOR THE
 

INTERSTATE TRANSPORT OF PM2.5
 

UNDER SECTION 11 O(a)(2)(D)(i)
 

&
 

INFRASTRUCTURE ASSESSMENT
 

UNDER SECTIONS 11 0(a)(1) AND (2)
 

OF THE CLEAN AIR ACT
 

FINAL	 FEBRUARY 2010 

New York State Department of Environmental Conservation 

I DavidA. Paterson, GOVERNOR Alexander B. GranniS'~ COMMISSIONER_J 
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION'S
 

"TRANSPORT SIP" ADDRESSING THE SATISFACTION OF OBLIGATIONS
 

UNDER SECTION 110(a)(2)(D)(i) OF THE CLEAN AIR ACT
 

FOR THE 2006 PM2.5 NATIONAL AMBIENT AIR QUALITY STANDARD
 

Introduction: 

EPA promulgated a 24-hour National Ambient Air Ouality Standards (NMOS) for 

fine particulate matter 2.5 microns or less in size (PM2.5) on September 21, 2006. 

Section 110(a)(1) requires that states submit a state implementation plan (SIP) within 

three years after the promulgation of a NMOS demonstrating that they meet their 

Section 110(a)(2)(D)(i) transport obligations under the Clean Air Act (CM). This 

includes showing that its emissions do not contribute significantly to another state's 

nonattainment, or interfere with maintenance of the national primary or secondary 

ambient air quality standard, or interfere with measures required in the applicable SIP 

for another state designed to "protect visibility" for the PM2.5 NMOS until regional haze 

SIPs are submitted. 

This "transport SIP" revision is being provided to EPA to address these 

requirements and, as outlined in EPA's August 15, 2006 gUidance from Mr. William 

Harnett providing guidance on the content of this submission, affirms the following: 

•	 That the transport of PM2.5 does not contribute significantly to nonattainment in, 

or interfere with maintenance by, any other state with respect to any such 

national primary or secondary ambient air quality standard, or interfere with 

measures required to be included in the applicable implementation plan for any 

other state. 

•	 That the PSD and NNSR program in New York addresses the requirement that 

new or modified sources will not cause or contribute to air pollution in excess of 

the NMOS for PM2.5, and 

•	 That no source in New York can be shown to interfere with measures intended to 

protect visibility 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 that will be 

implemented in New York so that the 1997 annual PM2.5 NMOS will 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: 

•	 Subpart 227-2 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 that will 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, or interfere 

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 of Appeals issued a ruling that would have vacated CAIR. EPA appealed the 

ruling on September 24, 2008. On December 23, 2008, instead of vacating the rule, the 

CAIR regulations were remanded to the EPA to address deficiencies identified by the 

court. 

While the CAIR program rules are being revised, the original requirements 

remain in effect at the federal level. Additionally, New York has enacted CAIR program 

requirements at the state level through the promulgation of 6 NYCRR Part 243, CAIR 

NOx Ozone Season Trading Program, Part 244, CAIR NOx Annual Trading Program 

and Part 245, CAIR S02 Trading Program. While EPA's September 25,2009 

"Guidance on SIP Elements Required Under Sections 11 0(a)(1) and (2) for the 2006 24­

Hour Fine Particle (PM2.5) National Ambient Air Ouality Standards (NMOS)" states 

that the federal CAIR program cannot be used to demonstrate that a state's emissions 

do not significantly contribute to nonattainment of the NMOS in any other state or 

interfere with maintenance, the continuing applicability of CAIR 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 CAIR does not directly address the 24-hour PM2.5 NMOS, it addresses 

the precursors of PM2.5. Therefore, its implementation can be expected to have the 

same protective effect on the 24-hour NMOS as it would 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 transport that significantly 

contributes to nonattainment in another state." Since this new rule will not be done in 

time to address the requirements of section 11 0(a)(2)(D) for the 2006 24-hour PM2.5 

NMOS, New York is committing to the adoption of the measures identified by EPA as 

needed to address interstate transport for the 2006 24-hour PM2.5 NMOS upon EPA's 

completion of this rulemaking. 

In addition to measures specifically intended to address PM2.5 emissions along 

with its precursors, New York submitted an attainment SIP for the 1997 8-hour ozone 

NMOS for the New York Metropolitan nonattainment area on February 8,2008. The 

reduction in emissions of the precursors of PM2.5 proposed in this SIP can also be 

expected to assure that New York does not contribute significantly to, or interfere with 

2 
the maintenance of, the applicable NMOS by any other state. These measures 

include: 

•	 Subpart 227-2 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) 

Cumulatively, all of the above measures are expected to be adequate to meet 

the requirements of section 110(a)(2)(D) based on EPA's prior CAIR assessment, the 

supporting effects of New York's permitting programs, the effects of emission reductions 

proposed in New York's PM2.5 SIP for the annual NMOS and 8-hour ozone SIP, and 

the state NNSRlPSD program discussed below will ensure this. 

New York's Sources Do Not Cause or Contribute to Air Pollution in Excess of the 

NMOS 

EPA's guidance document indicates that, in demonstrating that sources in the 

state do not cause or contribute to air pollution in excess of the 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 implement the PM2.5 standards. 

For PM2.5, states must confirm that major sources are subject to 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, New York submitted 6 NYCRR Part 231, New Source 

Review for New and Modified Facilities, to EPA for approval and inclusion in the SIP. 

This regUlation meets the CM section 110(a)(2)(D)(i) and 11 0(a)(2)(J) requirements for 

the application of PSD and New Source Review requirements in New York and is 

presently in effect in New York. The application of these requirements ensures that 

major sources of PM2.5 in the state are currently subject to PSD and NNSR permitting 

programs that implement the 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 major sources in this state 

will not cause or contribute to air pollution in excess of the NMOS. 

Interference with Visibility Impact Reduction Measures: 

The Department is presently in the process of preparing a Regional Haze SIP for 

submission to EPA. This document was produced in cooperation with other states and 

federal land managers through the Mid-Atlantic Northeast Visibility Union (MANE-VU) 

which developed a control strategy that will result in the reduction in visibility impairment 

in federal Class I areas by reducing the emission of particulate matter, including PM2.5, 

and its precursors. The improvement in visibility is projected to follow the "glide path" 

3
 
that is expected to return visibility conditions to the preindustrial state by 2064. This 

strategy includes a number of control measures to which New York has committed that 

will enable New York to meet its obligation to avoid any interference with measures in 

the applicable SIP for another state designed to "protect visibility" or the PM2.5 NAAQS. 

In addition to the control measures referred to above for the PM2.5 and Ozone 

SIPs, New York is committing to reduce the sulfur-in-fuellimits for stationary sources 

through the adoption of revisions to Subpart 225-1, Fuel Composition and Use - Sulfur 

Limitations. The regional haze SIP also includes a commitment to reduce sulfur dioxide 

emissions by 90 percent from certain electricity generating units identified by MANE-VU 

that contribute over half of the mass of sulfate and 70 to 80 percent of the Visibility 

impairment or equivalent measures. This commitment includes the over 123,000 tons 

of annual emission reductions being realized by the enforceable reductions being 

realized through the implementation of the controls resulting from the AES and 

NRG/Niagara Mohawk PSD cases settlements. 

At this time, the federal land managers of the Class I areas whose visibility may 

be impacted by sources in New York State have completed their review, and the 

required public hearing for the submission will be held shortly prior to submission to 

EPA. With the submission of its regional haze SIP, New York will have met the 

requirements of CAA sections 110(a)(2)(D)(i)(II) and 11 0(a)(2)(J) and EPA's August 

2006 guidance for the demonstration that the state's PM2.5 SIP does not interfere with 

a visibility impact reduction measure being taken by other states. 

4
 
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION'S 

CLEAN AIR ACT SECTION 110(a) "INFRASTRUCTURE" ASSESSMENT 

FOR THE 2006 24-HOllR NAAQS 

Introduction: 

Pursuant to CM sections 11 0(a)(1) and (2), states are required to meet basic 

SIP requirements related to the attainment of new or revised NMOS, including those 

related to emission inventories, monitoring and modeling to assure attainment, 

maintenance and enforcement of the standards. SIPs meeting the requirements of CM 

sections 11 0(a)(1) and (2) must be submitted within three years after promulgation of a 

new or revised standard. 

In accordance with EPA guidance dated October 2,2007, this submission 

addresses each of the required infrastructure elements of CM section 110(a)(2), and 

affirms that New York State's SIPs meet the requirements of CM sections 110(a)(1) 

and (2). The required elements are described in the following sections of the CM: 

•	 Enforceable Emission Limitations and Other Control Measures (11 0(a)(2)(A)) 

•	 Ambient Air Quality Monitoring, Compilation, Analysis and Reporting 

(110(a)(2)(8)) 

•	 Enforcement and Stationary Source Permitting (11 0(a)(2)(C)) 

•	 Interstate Transport (11 0(a)(2)(D)) 

•	 Assurance of Adequate Resources (11 0(a)(2)(E)) 

•	 Stationary Source Monitoring System and Reporting (11 0(a)(2)(F)) 

•	 Emergency Powers and Contingency Plans (11 0(a)(2)(G)) 

•	 Authority for SIP Revisions for Revised NMQS (110(a)(2)(H)) 

•	 Authority for SIP Revisions for New Nonattainment Areas (11 0(a)(2)(1)) 

•	 Consultation, Public Notification and Prevention of Significant Deterioration 

(PSD)Nisibility (110(a)(2)(J)) 

•	 Air Quality Monitoring and Reporting (11 0(a)(2)(K)) 

•	 Permitting Fees (11 0(a)(2)(L)) 

•	 Consultation/Participation with Affected Local Entities (11 0(a)(2)(M)) 

Infrastructure SIP Requirements 

Section 11 O(a) Requirements 

The New York State Department of Environmental Conservation (Department) 

has addressed the specific regulation of PM2.5 in several ways. One of these was 

through a revision to 6 NYCRR Part 200. In this revision, subdivision 200.1 (av) was 

amended to include the new fine particulate matter (Le., PM2.5) NMQS nonattainment 

area designation and geographic boundary as promulgated by EPA on January 5,2005. 

On March 12,2009, New York submitted 6 NYCRR Part 231, New Source 

Review for New and Modified Facilities, to EPA for approval and inclusion in the SIP. 

This regulation meets the federal requirements for the application of PSD and New 

5
 
Source Review requirements in New York and is presently in effect in New York. The 

application of these req.uirements ensures that major sources of PM2.5 in the state are 

currently subject to PSD and NNSR permitting programs that implement the PM2.5 

standard as suggested by the guidance. With PSD and NNSR requirements for PM2.5 

now in effect in New York, the Department meets the requirement ensuring that major 

sources in this state will not cause or contribute to air pollution in excess of the NAAQS 

in New York or other states. 

Additionally, new control measures have been provided for in New York's April 

29, 2008 PM2.5 SIP submission which contains the strategies and measures that will be 

implemented in New York 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, New York State has 

adequate authority to promulgate and enforce necessary rules, and programmatic 

"infrastructure" to implement the 2006 24-hour PM2.5 NAAQS. 

Enforceable Emission Limitations and Other Control Measures (11 O(a)(2)(A)) 

CAA section 11 0(a)(2)(A) requires SIPs to include enforceable emission limits 

and other control measures, means or tecllniques, 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 of state 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 PM1 0 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 PM1 O,.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 of the requirements that apply to stationary sources subject to the 

appropriate state and federal regulations. 

Ambient Air Quality Monitoring, Compilation, Analysis and Reporting (11 0(a)(2)(8)) 

CAA section 11 0(a)(2)(8) requires SIPs to include provisions to provide for the 

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 for the annual 

PM2.5 standard (section 4.1). 

6 
The Department measures air pollutants at 80 sites across the state, using 

continuous and/or manual instrumentation. These sites are part of the federallymandated National Core Sites (Ncore) mUlti-pollutant monitoring network and the State 

and local Air 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 laboratory for analysis. The 

information obtained is compared to the NAAQS and is used to determine the 

attainment status of areas 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 EPA for AIRNOW live national 

ozone and PM10 and PM2.5 mapping. All ambient measurements undergo data 

validation and are subsequently submitted to EPA's Air 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. 

Enforcement and Stationary Source Permitting (11 0(a)(2)(C)) 

CAA section 11 0(a)(2)(C) requires states to include a program providing for 

enforcement of all SIP measures and the regulation of construction of new or modified 

stationary sources to meet PSD and NNSR requirements. 

Environmental Conservation law (ECl) §19-0305 authorizes the commissioner 

of the Department to enforce the codes, rules and regulations of the Department 

established in accordance with this article. The SIP is a compilation of rules and 

regulations that are promulgated to achieve attainment of a NAAQS. Therefore, the 

Department has the authority to enforce all SIP measures. 

On March 12,2009, New York submitted 6 NYCRR Part 231, New Source 

Review for New and Modified Facilities, to EPA for approval and inclusion in the SIP. 

This regulation meets the federal requirements for the application of PSD and New 

Source Review requirements in New York and is presently in effect in New York. The 

application of these requirements ensures that major sources of PM2.5 in the state 

meet the requirements of the 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 or contribute to air pollution in excess of the NAAQS in New York or other states. 

New York ensures that all applicable federal PSD requirements which are 

included in PSD permits are incorporated into Title V operating permits, and that all 

7
 
federally-enforceable requirements are applied and enforced. New York therefore 

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)) 

CM section 110(a)(2)(O) requires SIPs to include provisions prohibiting any 

source or other type of emissions actiVity in one state from contributing significantly to 

nonattainment, or interfering with maintenance, of the NMQS in another state, or from 

interfering with measures required to prevent significant deterioration of air quality or to 

protect visibility 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 of air quality within their own boundaries 

and in adjacent states. New York 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 of the effort to 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 of oxides of nitrogen and sulfur oxides 

from large electrical generating units (EGUs). On July 11,2008, the D.C. Circuit Court 

of Appeals issued a ruling that would have vacated CAIR. EPA appealed the ruling on 

September 24, 2008. On December 23, 2008, instead of vacating the rule, the CAIR 

regulations were remanded to EPA to address deficiencies identified by the court. 

Although EPA's September 25,2009 "Guidance on SIP Elements Required 

Under Sections 110(a)(1) and (2) for the 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 of the 

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 quantity that EPA previously 

contended would prevent states from contributing significantly to nonattainment, or 

interfering with maintenance, of the NMQS in another state, or from interfering with 

measures required to prevent significant deterioration of air quality or to protect visibility 

in another state. 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 it would on the 

annual standard. Therefore, New York's submission of a SIP satisfying CAIR's. 

requirements on March 29, 2007 and the administration of 6 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 

8
 
on to say "that new rule will assist states with obligations to address interstate transport 

that significantly contributes to nonattainment in another state." Since this new rule will 

not be done in time to address the requirements of section 11 0(a)(2)(0) for the 2006 24­

hour PM2.5 NAAQS, New York is committing to the adoption of the measures identified 

by EPA as needed to address interstate transport for the 2006 24-hour PM2.5 NAAQS 

upon EPA's completion of this rulemaking. 

On April 29, 2008, the Oepartment submitted a draft attainment SIP to EPA 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 NAAQS will be met by the 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, attainment with the 24-hour standard. These 

measures include: 

•	 Subpart 227-2 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) 

In addition to measures specifically intended to reduce PM2.5 emissions along 

with its precursors, New York submitted an attainment SIP for the 1997 ozone NAAQS 

for the New York Metropolitan nonattainment area on February 8, 2008. The reduction 

in particulate emissions associated with the control of oxides of nitrogen under these 

SIPs can also be expected to prevent New York from contributing significantly to 

nonattainment in, or interfere with maintenance of, the applicable NAAQS by any other 

state. 

All of the above measures, taken together, will be more than adequate to meet 

the requirements of section 11 0(a)(2)(0) based on EPA's prior CAIR assessment and 

the supporting effects of New York's NNSR and PSO, and permitting programs. 

Additionally, the effects of emission reductions proposed in New York's PM2.5 SIP for 

the annual NAAQS and 8-hour ozone SIP will ensure this. 

Assurance of Adequate Resources (110(a)(2)(E)) 

CAA section 11 0(a)(2)(E) requires states to provide (i) necessary assurances 

that the state will have adequate personnel, funding and authority under state law to 

carry out its SIP, (ii) requirements that the state comply with 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 of any plan provision, the state has responsibility for ensuring 

adequate implementation of such plan provision. 

9 
The Division of Air 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 or divisions that support DAR activities. DAR is 

allocated operating funds from five sources: General Fund, Utility Environmental 

Regulatory Account, Co-operative Agreements (i.e., CM section 103 and 105 grants) 

and the Clean Air Fund, which is comprised of the Title V and Mobile Source Accounts. 

Capital funds are allocated to DAR at the discretion of the New York State 

legislature and are used for the financing or acquisition of capital facilities such as the 

construction of an air monitoring site. DAR is allocated Capital funds from three 

sources: General Fund, Mobile Source Account and Rehabilitation and Improvement. 

Section 11 0(a)(2)(E)(ii) requires that the state comply with the requirements 

respecting state boards under CM section 128. New York's Public Officer's law (POL) 

satisfies these requirements. Specifically, POL section 74(2) states: "No officer or 

employee of a state agency, member of the legislature or legislative employee should 

have any interest, financial or otherwise, direct or indirect, or engage in any business or 

transaction or professional activity or incur any obligation of any nature, which is in 

substantial conflict with the proper discharge of his duties in the public interest." POL 

74(3)(e) states: "No officer or employee of a state agency, member of the legislature or 

legislative employee should engage in any transaction as representative or agent of the 

state with any business entity in which he has a direct or indirect financial interest that 

might reasonably tend to conflict with the proper discharge of his official duties." 

Finally, the Department confirms that where New York State has relied on a local 

or regional government, agency, or instrumentality for the implementation of any plan 

prOVision, the state has responsibility for ensuring adequate implementation of such 

plan provision. 

Stationary Source Monitoring System and Reporting (11 0(a)(2)(F)) 

CM section 110(a)(2)(F) requires states to establish a system to monitor 

emissions from stationary sources and to submit periodic emissions reports. 

Authority for this provision is provided under Article 19 of the ECL. In particular, 

ECl section 19-0311 [Operating Permit Program] states in section 3 that operating 

permits issued pursuant to this section shall include, among othe'r things, "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 NYCRR Part 201-6.5(b), 

which requires monitoring of emissions, record-keeping and reporting in permit 

conditions that are included in all Title V permits for major stationary sources. 

The Department constructs statewide emissions inventories in order to develop 

10
 
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. PM2.5 

emissions (along with emissions of other key pollutants) are submitted to EPA through 

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 11 0(a)(2)(G) requires states to provide for authority to address 

activities causing imminent and substantial endangerment to public health, including 

contingency plans to implement the emergency episodes in their SIPs. Articles 3 and 19 

of the ECl provide this authority to the Department. 

To further prevent and control air pollution emergencies, the Department adopted 

a regulation at 6NYCRR Part 207, Control Measures For Air Pollution Episode, which 

implements ECl section 3-0301. EPA approved this regulation as part of the New York 

SIP (46 FR 55690). Among other things, 6 NYCRR Part 207 requires persons who own 

a significant air contamination source to submit a proposed episode action plan to the 

commissioner, and enable the commissioner to designate air pollution episodes which 

trigger the action plans. The Department also maintains an Episode Action Plan with 

guidelines and protocols to be followed in case of an air pollution emergency. The 

Department's Episode Action Plan has been updated to reflect the PM2.5 Significant 

Harm levels (SHls) proposed by EPA on January 15, 2009 along with revised values 

for ozone episodes. 

The Department's emergency action plan requires significant air contamination 

sources to commit to a plan containing detailed steps which 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 

of an air contaminant or contaminants are such that immediate action is necessary to 

prevent further increases in air contamination or damage to life, property or 

environmental quality, the Department designates by order that a "Forecast," "Alert I," 

"Alert II" or "Emergency" stage of an air pollution episode exists. In exercising such 

prevention and control, the Department and the commissioner may limit the 

consumption of fuels and use of vehicles, curtail or require the cessation of industrial 

processes and limit or require the cessation of incineration and open burning, and take 

any other action the commissioner deems necessary to prevent and/or control air 

pollution emergencies. 

With the provision of the above measures in New York, and the incorporation of 

the SHls proposed by EPA on January 15, 2009, the requirements of CAA section 

110(a)(2)(G) are being met. 

11
 
Authority for SIP Revisions for Revised NAAQS (110(a)(2)(H)) 

CAA section 110(a)(2)(H) requires states to have the authority to revise their 

SIPs in response to changes in the NAAQS, availability of improved methods for 

attaining the NAAQS, or in response to an EPA finding that the SIP is substantially 

inadequate. 

Revisions to the SIP are authorized by Article 19 and sections 3-0301, 19-0103, 

19-0301, 19-0303 and 19-0305 of the ECL. Article 19 of the ECl was adopted to 

protect New York's air resources from pollution and to put into effect the policy of the 

state to maintain a reasonable degree of purity of the air resources, consistent with the 

public health and welfare and the industrial development of the state. To this end, the 

legislature gave the Department specific powers and duties, including the power to 

promulgate regulations for preventing, controlling, or prohibiting air pollution. The 

Department also has the specific authority to regulate motor vehicle exhaust and 

approve air contaminant control systems as well as 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 

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 that the 

SIP is substantially inadequate. 

Authority for SIP Revisions for New Nonattainment Areas (11 0(a)(2)(I)) 

CAA section 11 0(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 by Article 19 and sections 3-0301, 19-0103, 

19-0301, 19-0303 and 19-0305 of the ECL. Article 19 of the ECl was adopted to 

protect New York's air resources from pollution and to put into effect the policy of the 

state to maintain a reasonable degree of purity of the air resources, consistent with the 

public health and welfare and the industrial development of the state. To this end, the 

legislature gave the Department specific powers and duties, including the power to 

promulgate regulations for preventing, controlling, or prohibiting air pollution. The 

Department also has the specific authority to regulate motor vehicle exhaust and 

approve air contaminant control systems as well as regulate fuels. Section 71-2103 

provides general enforcement authority for the air regulations. Section 71-2105 

provides criminal enforcement authority. New York, therefore, has the authority to 

revise SIPs and provide for enforcement in response to changes in nonattainment 

areas. 

Consultation, Public Notification and PSDNisibility (11 0(a)(2)(J)) 

CAA section 11 0(a)(2)(J) requires states to meet the applicable requirements of 

CAA section 121 relating to consultation I CAA section 127 relating to public information, 

and Part C relating to PSD and Visibility protection. 

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CAA section 121 requires states to provide a satisfactory process of consultation 

with general purpose local governments, designated organizations of elected 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 of officials from 37 local 

governments and designated organizations of elected 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 I areas 

affected by sources in New York. These parties agreed to participate in Regional 

Planning Organizations (RPOs) to facilitate interstate coordination on the development 

of Regional Haze SIPs required under Section 159A of the CAA. The State of New 

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 

Management Association (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 number of phone calls also 

took place during the 50-day time 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 measures which will be effective 

to notify the public during any calendar year, on a regular basis, of instances or areas in 

which any national primary ambient air quality standard is exceeded or was exceeded 

during any portion of the preceding calendar year. It also requires measures to advise 

the public of the health hazards associated with such pollution, and to enhance public 

awareness of the 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's website, at http://www.dec.ny.gov/chemical/34985.html. 

contains an Air Quality Index (AQI) for reporting daily air quality to the public. It 

describes how clean or polluted the air is, and what associated health effects might be a 

concern. It was created as a way to correlate levels of different pollutants to one scale; 

the higher the AQI value, the greater the 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 New York State Department of 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 New York State. It also displays the 

observed values for the previous day. Air quality measurements from New York's 

statewide continuous monitoring network are updated hourly where available. 

Parameters monitored include ozone, 'fine particulate, carbon monoxide, sulfur dioxide, 

13
 
nitrogen 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 

air quality within their own boundaries and in adjacent states. On March 12,2009, New 

York submitted 6 NYCRR Part 231, New Source Review for New and Modified 

Facilities, to the EPA for approval and inclusion in the SIP. This regulation meets the 

federal requirements for the application of both PSD and New Source Review 

requirements in New York and is presently in effect in New York. The application of 

these requirements ensures that major sources of PM2.5 in the state are currently 

subject to PSD and NNSR permitting programs that implement the PM2.5 standard as 

suggested by the guidance. 

New York commits to the continued enforcement of all SIP measures and the 

regulation of construction of new or modified stationary sources to meet NNSR and 

PSD requirements, incorporating the resulting requirements into New York State's Title 

V operating permits. 

The Department, in cooperation with the Federal Land Managers and other 

states throughout the Mid-Atlantic Northeast Visibility Union (MANE-VU), developed a 

control strategy that will result in the reduction in visibility impairment in federal Class I 

areas by reducing the emissions of particulate matter, including PM2.5, and its 

precursors. This control strategy is being incorporated into New York's Regional Haze 

SIP. The improvement in visibility is projected to follow the "glide path" that is 

necessary to return visibility conditions to the pre-industrial state by 2064. This strategy 

includes a number of control measures to which New York has committed that will 

enable New York to meet its obligation to avoid any interference with measures in the 

applicable SIP for another state designed to "protect visibility" or the PM2.5 NAAQS. 

At this time, the Federal Land Managers of the Class I areas whose visibility may 

be impacted by sources in New York State have completed their review, and the 

required public hearing for the submission will be held shortly prior to submission to the 

EPA. With the submission of its regional haze SIP, New York will have met the 

requirements suggested in EPA's guidance for 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 (11 0(a)(2)(K)) 

CAA section 11 0(a)(2)(K) requires states to provide for the performance of such 

air quality modeling as the Administrator may prescribe for the purpose of predicting the 

effect on ambient air quality of any emissions of any air pollutant for which the 

Administrator has established a NAAQS. It also requires states to submit, upon 

request, data related to such air quality modeling to the Administrator. 

The Department certifies that the air quality modeling and analysis used in its 

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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 (11 0(a)(2)(l)) 

The CM, section 11 0(a)(2)(l) directs states require each major stationary 

source to pay permitting fees (Title V Permit Fees) sufficient to cover the reasonable 

costs of reviewing, planning, approving, implementing and enforcing permits. 

In New York State, the Title V Permit Fee Program is established in ECl section 

19-0311 (c) requiring the Department to promulgate regulations that, among other 

things, require applications to identify and describe facility emissions in sufficient detail 

to establish the basis for the fees and applicability of requirements of the CM. ECl 

section 72-0303 requires major stationary sources to pay operating permit program fees 

sufficient to 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) of 6 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 Subpart 482-2 of this Title." 

Fees generated by this requirement fund New York's Title V Program and the 

state commits to continue to implement the major stationary source permit fee 

regulations. 

Consultation / Participation by Affected local Entities (11 0(a)(2)(M)) 

CM section 11 0(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 or Approved under 

Title 23 U.S.C. or the Federal Transit laws." Members of this group include the Federal 

Transit Administration, Federal Highway Administration, the New York State 

Department of Transportation, 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 that was established on December 22, 2005, 

which consists of officials from thirty-seven local governments and designated 

organizations of elected 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. 

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