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Section 7.0 Contingency Measures

Under the CAA, 8-hour ozone areas subject only to subpart 1, as well as those classified under subpart 2 as moderate, serious, severe and extreme must include in their SIPs contingency measures consistent with Sections 172(c)(9) and 182(c)(9), as applicable. Contingency measures are additional controls to be implemented in the event the area fails to meet an RFP milestone or fails to attain by its attainment date. Such measures shall take effect in any such case without further action by the state or the Administrator.

EPA requires that contingency measures identified by the state must be sufficient to secure an additional 3 percent reduction in ozone precursor emissions in the year following the year in which the failure has been identified. For a non- attainment area that fails to meet RFP percent reduction requirements, and where it has been demonstrated that NOx controls are needed to attain the primary NAAQS for ozone, measures that produce a combination of NOx and VOC reductions may serve as 15 percent contingency measures. EPA requires at least 0.3 percent out of every reduction of 3 percent be attributable to a reduction in VOC measures.

The New York State portion of the New York-N. New Jersey-Long Island, NY- NJ-CT non-attainment area meets RFP percent reduction requirements as demonstrated in Chapter 10.

In order to demonstrate compliance with the contingency measures provision applicable to the attainment demonstration, the Department has opted to include measures that have been or will be adopted for its contingency measures for the New York State portion of the New York-N. New Jersey-Long Island, NY-NJ-CT non-attainment area.


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