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Transmittal Letter to EPA

Revision to the NYSIP for the NYMA Enhanced I/M Program (June 2009)

July 10, 2009

Mr. George Pavlou, Acting Regional Administrator
United States Environmental Protection Agency
Region 2
290 Broadway, 26th Floor
New York, NY 10007-1866

Revision to the New York State Implementation Plan (SIP) for the New York Metropolitan Area Enhanced Inspection/Maintenance (I/M) Program (June 2009)

Dear Acting Regional Administrator Pavlou:

On behalf of Governor Paterson, I am submitting for approval by the United States Environmental Protection Agency (EPA) the following revision to the New York State Implementation Plan:

"New York Metropolitan Area Enhanced I/M Program (June 2009)"

Within this SIP revision, the Department of Environmental Conservation (DEC) outlines several proposed changes to the enhanced I/M programs in operation within the nine-county New York Metropolitan Area (NYMA). New York proposes to end tailpipe testing through the New York Transient Emissions Short Test (NYTEST) I/M program on December 31, 2010. This proposed revision includes a reduction in the percentage of emissions test waivers allowed within NYMA to two percent beginning in calendar year 2008. New York believes that the decentralized New York Vehicle Inspection Program (NYVIP) I/M program, which features on-board diagnostics inspections, is as effective as a centralized test-only program for modeling purposes. This SIP revision includes Mobile6 modeling demonstrations for the high enhanced I/M performance standard and rate of progress/reasonable further progress requirements associated with the proposed changes.

Also within this SIP revision under Section 4.0 is a discussion of the "NYTEST Shared Network." This is an optional program that allows qualifying NYMA stations to refer NYTEST inspections to nearby stations. The amendments to 15 NYCRR Part 79, "Motor Vehicle Inspection," providing for the NYTEST Shared Network are included as Appendix F.

The proposed NYMA enhanced I/M SIP revision underwent a public review process. A Notice of Hearing was published in the April 8, 2009 edition of the Environmental Notice Bulletin and in the April 8, 2009 edition of the State Register under the provisions of the State Administrative Procedures Act. A legislative public hearing was held in New York City on May 13, 2009. The comment period concluded at 5:00 p.m. on May 24, 2009.

This SIP revision request comprises the following:

1. Notice of Public Hearing as published in the Environmental Notice Bulletin on April 8, 2009.

2. Copies of the Proofs of Publication of the proposed enhanced I/M SIP revision in newspapers located within New York State.

3. Hearing Report for the May 13, 2009 Legislative Public Hearing.

4. An Assessment of Public Comments received from May 13, 2009 to May 24, 2009.

If you or your staff should have any questions, or if additional information is required, please contact Ms. Diana Rivenburgh at (518) 402-8396.

Sincerely,

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

Enclosures

cc: Richard Ruvo, EPA Region 2
Raymond Werner, EPA Region 2
Terri Egan, NYS DMV


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