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Ozone (2008 8-Hour NAAQS) Attainment Demonstration for NY Metro Area

The following is the content of a letter and associated attachments sent to the Regional Administrator at the USEPA, Region 2, Peter D. Lopez. The letter was signed on November 10, 2017 by J. Jared Snyder, Deputy Commissioner, Office of Air Resources, Climate Change and Energy.

DEC is submitting two documents for approval into the New York State Implementation Plan (SIP) for the 2008 ozone National Ambient Air Quality Standards (NAAQS). The New York-Northern New Jersey-Long Island, NY-NJ-CT area (hereafter the New York metropolitan area, or NYMA) was reclassified to moderate nonattainment for the 2008 NAAQS on May 4, 2016; DEC was therefore statutorily required to submit an attainment demonstration and a Reasonably Available Control Technology (RACT) demonstration to EPA as SIP revisions.

First, the enclosed attainment demonstration, being submitted pursuant to Clean Air Act (CAA) section 182(b), establishes that the NYMA is unable to reach attainment of the 2008 NAAQS by the statutory deadline of July 20, 2018. DEC is requesting that EPA issue an expeditious reclassification to serious nonattainment so New York, New Jersey, and Connecticut have adequate time to develop complete SIPs that forecast attainment in the NYMA by the serious area deadline of July 20, 2021.

This attainment demonstration includes complete 2011 baseline and 2017 projection inventories, and determines that the area is meeting the three-percent-per-year reasonable further progress requirements. DEC also certifies that certain previously-approved CAA requirements for ozone nonattainment areas remain adequate, and that no revisions to the state plan are necessary for these previously-approved requirements. Specifically, DEC certifies that the emission inventory, emission statement, vehicle inspection and maintenance, nonattainment new source review, and RACT requirements are up-to-date and valid for the 2008 ozone NAAQS.

Second, DEC is submitting a RACT demonstration pursuant to CAA section 172(c)(1) that confirms the New York portion of the NYMA is meeting the requirements for RACT in a moderate nonattainment area. Subject sources within the nonattainment area are controlled by standards that, at a minimum, meet RACT.

The proposed SIP revisions underwent a public review period. A Notice of Public Hearing was published in DEC's Environmental Notice Bulletin on July 19, 2017. A public hearing was held in Long Island City on August 21, 2017, and DEC accepted written comments through August 28, 2017. Comments were received from EPA Region 2 and the Connecticut Department of Energy & Environmental Protection. Note that no changes were made to either document as a result of comments received.

The following documents are enclosed:

1. Attainment demonstration for the moderate NYMA nonattainment area;
2. RACT demonstration for the moderate NYMA nonattainment area;
3. Notice of Public Hearing as published in the July 19, 2017 ENB;
4. Hearing Report for the public hearing held in Long Island City on August 21, 2017;
5. Official transcript of the August 21, 2017 public hearing; and,
6. Assessment of Public Comments

Please contact Mr. Robert Bielawa or Mr. Scott Wajda-Griffin at 518-402-8396 if you have any questions.

Ozone (2008 8-Hour NAAQS) Attainment Demonstration for NY Metro Area* (PDF) (654 KB, 78 pgs)

* Appendices available upon request.

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