NYSIP for PM2.5 (Annual NAAQS) Attainment Demonstration for the NY Metro Area - Draft Proposal

Letter to EPA

Honorable Alan J. Steinberg
Regional Administrator
U.S. EPA Region 2
290 Broadway
New York, NY 10007-1866

Draft Revision to the New York State Implementation Plan for PM2.5: New York Metropolitan Area and Clean Air Act Section 110(a) Infrastructure Determination

Dear Regional Administrator Steinberg:

The New York State Department of Environmental Conservation (Department) is submitting a draft state implementation plan (SIP) revision entitled "New York State Implementation Plan For PM-2.5 (Annual NAAQS): Attainment Demonstration For The New York Metropolitan Area & Clean Air Act Section 110(A) Infrastructure Assessment".

This document is composed of two submissions:

The attainment demonstration for the annual PM_2.5 standard, including attainment of the standard by 2010, submitted pursuant to section 182 of the 1990 Clean Air Act Amendments, and

New York State's determination that SIPs submitted by the Department to address attainment of the PM_2.5 ambient air quality standards meet the infrastructure requirements in Section 110(a)(1) of the Clean Air Act.

On April 5, 2005, EPA designated as "nonattainment" areas throughout the country that exceeded the health-based standards for PM2.5. The New York - N. New Jersey - Long Island, NY-NJ-CT area, which includes the New York State counties of Suffolk, Nassau, Richmond, New York, Kings, Queens, Bronx, Orange, Westchester and Rockland, was designated non-attainment. The New York - N. New Jersey - Long Island, NY-NJ-CT non-attainment area also includes counties in the states of Connecticut and New Jersey.

This draft submission will shortly undergo the required public review process in which a public hearing and the opportunity for public comment will be provided.

Pursuant to CAA sections 110(a)(1) and (2), states are required to address basic State Implementation Plan (SIP) requirements related to the attainment of new or revised National Ambient Air Quality Standards (NAAQSs), including emission inventories, monitoring and modeling to assure attainment, maintenance and enforcement of the standards. SIPs meeting the requirements of CAA sections 110(a)(1) and (2) must be submitted within three years after promulgation of a new or revised standard.

As a result of a Consent Decree resulting from an Earth Justice lawsuit against EPA for failure to take action against States that had not made SIP submissions that met the requirements of CAA sections 110(a)(1) and (2), EPA was obligated to make official findings whether States have made SIP submissions required to meet CAA section 110(a)(2)(D)(i) relating to interstate transport by no later than March 15, 2005. Additionally, the Consent Decree obligates EPA to make a determination whether States have made submissions necessary to meet the remaining 110(a)(1) and (2) requirements for the PM_2.5 NAAQS by October 15, 2008.

Section 110(a)(1) contains the general requirements for submitting a SIP to address new or revised primary NAAQS's within three years of their promulgation. Section 110(a)(2) contains specific elements to be included in these plans. Pursuant to EPA guidance dated October 2, 2007, this submission addresses each of the required elements of CAA section 110(a)(2), and affirms that New York State's SIPs meet the requirements of CAA sections 110(a)(1) and (2).

If you have any questions, please contact Ms. Diana Rivenburgh or Mr. Matthew Reis, P.E. at (518) 402-8396.

Sincerely,

J. Jared Snyder
Assistant Commissioner
Office of Air Resources, Climate Change and Energy

More about NYSIP for PM2.5 (Annual NAAQS) Attainment Demonstration for the NY Metro Area - Draft Proposal:

PM2.5 SIP and Appendices - Contains downloadable PDF documents of the entire PM2.5 SIP.
Table of Contents - NYSIP for PM2.5 (Annual NAAQS) Attainment Demonstration for the NY Metro Area - Draft Proposal
Section 1.0 Executive Summary - State Implementation Plan for the Annual PM2.5 Standard
Section 2.0 Acronyms and Abbreviations - A list of commonly used acronymns and abbreviations
Section 3.0 Background and Overview of Federal Requirements - Provides background and an overview of Clean Air Act requirements to protect public health and the environment from the severe health and welfare effects associated with PM2.5.
Section 4.0 Clean Air Act Section 110(a) Measures - Addresses each of the required elements of CAA section 110(a)(2), and affirms that New York State's SIPs meet the requirements of CAA sections 110(a)(1) and (2).
Section 5.0 Emissions Inventory - Statewide comparison of major source sectors with the NY Metropolitan Area
Section 6.0 Air Quality Trends, Baselines and Projections for the NY Nonattainment Area (NY Metro Area, CT and Northern NJ) - Trends and PM2.5 data for the New York Metropolitan Area, Connecticut and Northern New Jersey
Section 7.0 Control Measures - NY's RACT program controls nitrogen oxides and volatile organic compound emissions over certain threshold limits.
Section 8.0 Contingency Measures - Contingency measures NYS will implement in the event the PM2.5 standard is not attained by April 5, 2010.
Section 9.0 Reasonable Further Progress - DEC is not required to submit a separate RFP.
Section 10.0 Conformity - Conformity requirements prevent federally-funded or approved projects from causing emission budgets to exceed emission budgets set in a state's SIP.
Section 11.0 Other Programs - NSR requirements for "major sources"