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Ozone (2008 8-Hour NAAQS) Reasonably Available Control Technology (RACT) Demonstration for New York State

The following is the content of a letter and associated attachments sent to the Regional Administrator at the USEPA, Region 2, Judith A. Enck. The letter was signed on December 22, 2014 by Joseph J. Martens, Commissioner. The ENB notice and assessment of public comments are available upon request by either email or phone (518) 402-8396.

DEC is requesting approval of the enclosed State Implementation Plan (SIP) revision for Reasonably Available Control Technology (RACT) for the attainment and maintenance of the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS). This RACT SIP is being submitted pursuant to Clean Air Act Sections 182(b)(2), 182(f) and 184(b)(1)(B), and 40 CFR 51.912(a) and 51.916(b)(1), which require a state to submit a SIP revision that meets the RACT requirements of the Clean Air Act.

Based on a review of existing RACT regulations in New York State, DEC finds that the RACT requirements pursuant to the 2008 8-hour ozone NAAQS have been fulfilled, with the exception of sources subject to the industrial cleaning solvents control techniques guidelines (CTG). DEC hereby commits to addressing sources subject to this CTG through a timely revision to 6 NYCRR Part 226, "Solvent Metal Cleaning Processes."

DEC's evaluation has determined that all other CTG sources, major non-CTG sources, and sources subject to source-specific RACT under its jurisdiction are controlled by RACT or better standards. RACT determinations issued by DEC have been consistent with the most recent emissions control technology and economic considerations.

This proposed RACT SIP underwent a public review process. It was published in the June 25, 2014 Environmental Notice Bulletin, and underwent a 30-day public comment period. No hearings were requested. An assessment of public comments is enclosed for comments received from the New Jersey Department of Environmental Protection and Connecticut Department of Energy & Environmental Protection. Comments were also received from Sierra Club, but these were deemed to be outside the purview of this comment process because they addressed a specific permit and not the content of the proposed RACT SIP.

If you have any questions, please call David Shaw, Director, Division of Air Resources, at (518) 402-8452.

Proposed Revision NYS Implementation Plan for Ozone (2008 8-Hour NAAQS) Reasonably Available Control Technology (RACT) Demonstration for New York State (PDF 277 KB, 27 pgs)

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