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Section 2.0 Previous Commitments

2.1 Introduction

This section summarizes the ongoing mobile source and stationary source control measures that have been enacted in the past to minimize emissions of NOx and VOCs. Many control measures in this Chapter were developed and implemented after the April 15, 2004 designations. Part D of Title I of the CAA requires that these measures be implemented and display reasonable further progress as the area strives to reach attainment. These past commitments continue indefinitely, unless replaced by an equivalent or stricter emission reduction strategy.

New mobile source and stationary source control measures, included in this SIP as Chapters 8 and 9, respectively, will work in conjunction with these prior commitments to help achieve attainment of the ozone NAAQS.

2.2 Gasoline Measures

2.2.1 Part 225-3: Fuel Consumption and Use - Gasoline

New York State adopted Subpart 225-3 of Title 6 of the New York Codes, Rules and Regulations (6 NYCRR) to limit the volatility, or Reid Vapor Pressure (RVP), of motor fuel statewide as a strategy for controlling VOC emissions from motor vehicles. Specifically, this regulation established a maximum RVP of 9.0 pounds per square inch (psi) for all gasoline sold or supplied to retailers and wholesale purchaser-consumers anywhere in New York State from May 1 through September 15 of each year.

2.2.2 Part 230: Gasoline Dispensing Sites and Transport Vehicles

This rule contains requirements for Stage I and Stage II gasoline dispensing site regulations. Stage I systems are required state-wide, while Stage II systems are mandated only in the New York Metropolitan Area (NYMA) and lower Orange County. Part 230 affects those gasoline-dispensing sites whose annual throughput exceeds 120,000 gallons. (This minimum throughput level is waived for NYMA.)

A Stage I vapor collection system captures gasoline vapors which are displaced from underground gasoline storage tanks when those tanks are filled. These vapors are forced into a vapor-tight gasoline transport vehicle or vapor control system through direct displacement by the gasoline being loaded. A Stage II vapor collection system captures at least 90 percent, by weight, of the gasoline vapors that are displaced or drawn from a vehicle fuel tank during refueling; these vapors are then captured and either retained in the storage tanks or destroyed in an emission control device.

2.2.3 Federal Reformulated Gasoline - Phase I and II

Section 211(k) of the CAA deemed that reformulated gasoline must be sold in certain ozone non-attainment areas. Federal reformulated gasoline allows for a maximum of 1 percent benzene by volume. Phase I of the rule took effect January 1, 1995 with preliminary VOC and air toxics standards. These reformulated gasoline standards were replaced with Phase II standards, effective January 1, 2000, which called for broader emissions controls, requiring 25%-29% VOC emission reductions and 20%-22% air toxics reductions. Retail distribution of reformulated gasoline is required in NYMA and Orange County. Dutchess County and a portion of Essex County have voluntarily opted to use reformulated gasoline.

2.3 NY Motor Vehicle Hardware Measures

2.3.1 Part 217: Motor Vehicle Emissions

To help limit ozone precursor emissions from motor vehicles, New York State has implemented 6 NYCRR Part 217, which contains emissions standards for in-use vehicles and applies to all non-electric and non-diesel automobiles in the state. This rule also requires that all affected vehicles have an on-board diagnostic system which functions correctly and meets certain design standards.

2.3.2 Part 218: Emission Standards for Motor Vehicles and Motor Vehicle Engines

In this rule, New York State requires that new light-duty vehicles sold in New York meet California emissions standards.

2.4 Part 231: New Source Review in Non-Attainment Areas and Ozone Transport Region

New Source Review (NSR) in non-attainment areas has been regulated by 6 NYCRR Part 231 of the New York State air pollution control regulations since 1979. Part 231 was written to conform to federal guidelines and requirements on new sources and modifications at major facilities in non-attainment areas which would cause emission increases exceeding de minimus levels set forth in the regulation. The base requirements for applicable sources were that Lowest Achievable Emission Rate (LAER) be applied and that emission offsets be provided.


EPA has approved regulations for prior SIP commitments for reducing emissions from non-mobile sources. Descriptions of these regulations are summarized in the following sections.

2.5.1 Part 212: General Process Emission Sources

This rule, which applies to both VOC and NOx emissions, requires the application of Reasonably Available Control Technology (RACT) for each emission point which emits NOx for major NOx facilities or VOCs for major VOC facilities. Its requirements are mostly generic, with specific requirements only for coating operations not subject to Part 228.

2.5.2 Part 226: Solvent Metal Cleaning Processes

Part 226 puts forth guidelines for the cleaning of metal surfaces by VOC-containing substances. Listed in this regulation are specifications limiting the vapor pressure solvents as well as those for control equipment and proper operating practices for a variety of degreasing operations, as well as general requirements for storage and recordkeeping. The Department may accept a lesser degree of control upon submission of satisfactory evidence that the person engaging in solvent metal cleaning is applying RACT and has a plan to develop the technologies necessary to comply with the aforementioned sections.

2.5.3 Part 228: Surface Coating Processes (Including Autobody Shops)

Part 228 limits the VOC content for each gallon of coating and sets minimum efficiency for VOC incinerators used as control equipment for VOC emissions from coating processes. It also provides for the use of source-specific analyses of control requirements where the requirements of the rules cannot be met. Additionally, Part 228 contains requirements for paints and coatings used in autobody refinishing and repairing, including spray equipment and housekeeping.

2.5.4 Part 229: Petroleum and Volatile Organic Liquid Storage and Transfer

This rule limits VOC emissions from applicable gasoline bulk plants, gasoline loading terminals, marine loading vessels, petroleum liquid storage tanks or organic liquid storage tanks. There are lower applicability thresholds for each process for NYMA than those for the Lower Orange County metropolitan area, upstate ozone non-attainment areas, and areas not included above.

2.5.5 Part 233: Pharmaceutical and Cosmetic Manufacturing Processes

This rule limits VOC emissions from synthesized pharmaceutical or cosmetic manufacturing processes at a major source facility located in NYMA. Compliance requires the installation of control devices, along with monitoring, recordkeeping, and leak repair.

2.5.6 Part 234: Graphic Arts

This rule sets control requirements and limits VOC emissions from packaging rotogravure, publication rotogravure, flexographic, offset lithographic or screen printing processes at a major source facility located in NYMA.

2.6 MACT

Under section 112 of the 1990 CAA Amendments, hazardous air pollutants (HAPs) are required to be controlled by technology determined to be the Maximum Achievable Control Technology (MACT). Since many organic HAPs are also VOCs, the use of MACT results in the reduction of VOC and NOx emissions. New York has been adopting MACT control requirements as they have been developed by EPA and has therefore been realizing the reductions resulting from the MACT program. These federal regulations are incorporated by reference in 6 NYCRR 200.10 (Tables 2,3 and 4).

2.7 Part 235: Consumer Products

The Consumer Products rule regulates the VOC content of consumer and commercial products that are sold to retail customers for personal, household, or automotive use, along with the products marketed by wholesale distributors for use in commercial or institutional settings such as beauty shops, schools and hospitals. The rule also includes labeling, reporting and compliance requirements that apply to manufacturers of these products.

2.8 Part 205: Architectural and Industrial Maintenance (AIM) Coatings

This regulation limits the content of VOCs in AIM coatings by setting miniumum VOC limits for AIM coatings. Part 205 also contains labeling and reporting requirements, compliance provisions and test methods.

2.9 Part 208: Landfill Gas Collection and Control Systems for Certain Municipal Solid Waste Landfills

This rule applies to the operation of municipal solid waste (MSW) landfills exceeding stated capacities. For landfills whose non-methane hydrocarbon emissions exceed 50 megagrams per year, the operator must submit a collection and control system design and permit application, along with operating standards for the control systems. The rule additionally contains requirements for monitoring, testing, recordkeeping and reporting.

2.10 Part 227: Stationary Combustion Installations

2.10.1 Subpart 227-2: Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOx)

Subpart 227-2 sets NOx control limits for major source stationary combustion installations. NOx RACT requirements applicable to particular applicable combustion sources fall into one of two categories: presumptive RACT limits (which are often set as emission limits but also take other forms) or case-by-case RACT determinations. Presumptive RACT limits are category-wide requirements. However, for some sources, presumptive RACT limits may not be attainable. Case-by-case RACT determinations consider the technological and economic circumstances of the source in these circumstances. Each case-by-case determination which establishes RACT requirements in a source's permit must be submitted to the administrator as a separate SIP revision.

2.10.2 Other NOx RACT Provisions

Additional RACT provisions include Part 220 which limits particulate and NOx emissions from portland cement plants, and Part 212, which applies to general process sources. For the purpose of RACT analyses related to the 8-hour ozone standard, RACT consists of technically feasible NOx control strategies to minimize NOx formation.

2.10.3 Part 204: NOx Budget Trading Program

Part 204 sets requirements for how New York meets the emissions budget for NOx established in EPA's final rule entitled "Finding of Significant Contribution and Rulemaking for Certain States in the Ozone Transport Assessment Group Region for Purposes of Reducing Regional Transport of Ozone," otherwise known as the "NOx SIP Call." This rulemaking set a NOx emissions budget for New York for the five month summer season. New York is meeting this budget through control programs already in place and by limiting the NOx emissions of certain major stationary sources through the NOx budget trading program established under 6 NYCRR 204. Part 204 applies to the following source categories: Electric Generating Units (EGUs) with nameplate capacities equal to or greater than 15 megawatts; non-EGUs with maximum design heat inputs equal to or greater than 250 million British thermal units (mmBTU) per hour; and portland cement kilns with maximum design heat inputs equal to or greater than 250 mmBTU per hour. The Department allocates the budget to sources within the above categories. Sources may hold or transfer allowances, but, at the end of each year's reconciliation period, must have enough allowances in its compliance accounts to cover emissions during the control period.

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