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Section 6.0 Section 110 Measures

Pursuant to CAA sections 110(a)(1) and (2), states are required to address basic SIP requirements related to the attainment of new or revised NAAQS, including emission inventories, monitoring and modeling to assure attainment, maintenance and enforcement of the standards. Section 110(a)(1) contains the general requirements for submitting a SIP to address a new or revised primary NAAQS. Section 110(a)(2) contains specific elements to be included in the SIPs.

Pursuant to EPA guidance issued on October 2, 2007, SIPs must include the following elements of CAA section 110(a)(2):

  • Enforceable Emission Limitations and Other Control Measures (110(a)(2)(A))
  • Ambient Air Quality Monitoring, Compilation, Analysis and Reporting (110(a)(2)(B)
  • Enforcement and Stationary Source Permitting (110(a)(2)(C)
  • Interstate Transport (110(a)(2)(D))
  • Assurance of Adequate 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 NAAQS (110(a)(2)(H))
  • Authority for SIP Revisions for New Nonattainment Areas (110(a)(2)(I))
  • Consultation, Public Notification and Prevention of Significant Deterioration (PSD)/Visibility (110(a)(2)(J))
  • Air Quality Monitoring and Reporting (110(a)(2)(K))
  • Permitting Fees (110(a)(2)(L))
  • Consultation/Participation with Affected Local Entities (110(a)(2)(M))

The Department's December 13, 2007 submittal addressed each of the required elements of CAA section 110(a)(2), and affirmed that New York State's SIPs meet the requirements of CAA sections 110(a)(1) and (2). It is included as Appendix I.

In a separate related action, on January 24, 2008 (73 FR 4109), EPA approved "Revision to the New York State Implementation Plan Clean Air Interstate Rule (CAIR) and Transport (110(a)(2)(D))" that the Department submitted to EPA on March 29, 2007. EPA determined that the SIP revision fully implements the CAIR requirements for New York and satisfies New York's obligation under section 110(a)(2)(D)(i) of the CAA to prohibit air emissions that would interfere with provisions to prevent significant deterioration of air quality.

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