Section 12.0 Reasonably Available Control Technology (RACT)
The CAA requires SIPs to "provide for the implementation of all reasonably available control measures as expeditiously as practicable (including such reductions in emissions from existing sources in the area as may be obtained through the adoption, at a minimum, of reasonably available control technology) and shall provide for attainment of the national primary ambient air quality standards." In EPA's Phase 2 ozone rule, 40 CFR 51.912 was revised to require non-attainment areas to demonstrate, through a SIP submission, that the state's RACT requirements for NOx and VOC were current and appropriate to meet 8-hour ozone requirements. This SIP submission was to be provided to EPA no later than 27 months after designation for the 8-hour ozone NAAQS, or September 15, 2006.
The Department prepared the RACT SIP, provided for a public process, and submitted it to EPA by the deadline. The RACT analysis' conclusion was that the RACT rules presently in place continue to meet the criteria for RACT for 8-hour ozone due to updating of a number of rules in recent years,. Additionally, the Department determined that source-specific RACT provisions presently in place also meet 8-hour RACT requirements for all applicable EPA source categories in operation in New York. Many permits in which these requirements appear contain conditions requiring the reassessment of RACT for the affected sources, resulting in the frequent updating of these requirements.
Although the Phase 2 rules required only that sources whose emissions exceed 50 and 100 tpy of VOCs and NOx, respectively, be included in this assessment, the Department included sources whose emissions exceeded the lower, 1-hour ozone-based major source thresholds to prevent "backsliding."
It was noted that several source categories were in the process of being evaluated by the OTC and New York and, as a result of this assessment, will result in new controls. New controls in New York will be implemented under the schedule of rule revisions described in Chapter 9.