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6.0 Control Measures

6.1 Reasonably Available Control Technology (RACT)

CAA Section 172(c)(1) 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." EPA interprets Reasonably Available Control Technology (RACT) to mean "the lowest emissions limitation that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility."

New York State has a RACT program for sources which emit nitrogen oxides and volatile organic compounds-both major constituents of particulate matter-over certain threshold limits. Through the RACT regulations, New York State controls emissions from combustion sources, surface coating processes, graphic arts printing, and metal cleaning operations, among others.

The RACT regulations are also crucial in reducing ozone levels throughout New York State, as NOx and VOCs also act as ozone precursors. In September 2006, the Department prepared a RACT SIP to ensure that the state's RACT requirements were current. Owing somewhat to the updating of a number of rules in recent years, the RACT analysis conclusion was that the RACT rules presently in place continue to meet the criteria for RACT for 8-hour ozone.

A number of additional RACT regulations are being instituted to update the current RACT requirements and to provide for emission reductions to achieve the 8-hour ozone standard. Additionally, the Department determined that source-specific RACT provisions presently in place also meet 8-hour ozone 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. These regulations will serve to reduce PM concentrations through the state in addition to ozone levels, as VOCs and NOx act as precursors for both of these pollutants. No new RACT measures are required in conjunction with the submittal of this PM SIP, as New York State is projected to attain the NAAQS within five years of designation through existing methods; however, the Department will modify 6 NYCRR Subpart 227-2 to further control PM emissions from stationary sources subject to RACT. Because the Department expects to attain within this five-year time period, no additional measures are required as reasonable further progress.

EPA has stated that it considers implementation of the cap-and-trade Clean Air Interstate Rule (CAIR) as satisfying RACT/RACM for SO2 and NOx on electric generating units (EGUs). New York State has recently promulgated CAIR as 6 NYCRR Parts 243, 244 and 245 to comply with EPA's Clean Air Act Section 110(a)(2)(D) transport SIP call. In the Clean Air Fine Particle Implementation Rule, EPA states that "implementation of the CAIR trading program represents highly cost-effective controls that will achieve widespread regional SO2 and NOx emissions reductions from EGUs and will provide significant air quality benefits for ozone and PM2.5 nonattainment areas." EPA cites that reductions through CAIR would decrease SO2 and NOx levels by a sufficient amount, and does not believe further EGU controls would be "reasonably available." New York State has filed suit against EPA over this interpretation of the Clean Air Act related to Subpart 2 of Title 1. RACT is required by each major source, and as such, the Department does not share the assertion that CAIR necessarily satisfies the NOx RACT/RACM requirements for EGUs, as it would potentially allow facilities to fulfill their obligations solely or in large part through the purchase of allowances. New York State has implemented stringent NOx RACT rules (and this requires that all fuel sold in New York State meet a sulfur content limitation.) These regulations require each source to either meet presumptive RACT limits or undergo a case-specific RACT determination. It is this type of source-specific analysis that is required by the RACT requirements of the Clean Air Act.

While the United States Court of Appeals for District of Columbia Circuit has stayed its consideration of the CAIR-RACT determination, it did decide on whether the NOx SIP Call could be considered RACT under the challenges made by the State of New York and others to the ozone implementation rules. In its July 10, 2009 decision, the court maintained that the resulting emission reductions from the NOx SIP Call be at least equivalent to the reductions that would result from the implementation of RACT and since EPA did not provide any basis to show that the NOx SIP Call results in greater emission reductions, this provision was remanded to the agency. This decision can be reasonably interpreted to apply similarly to the CAIR rules and the programs that replace them. The State of New York is awaiting EPA's response to the remand and its decisions on whether the NOx SIP Call rules (now replaced by the CAIR program) and the CAIR rules meet the court's interpretation. Still, New York's RACT rules meet the court's interpretation by requiring source specific analyses and/or reductions within the nonattainment area.

6.2 Reasonably Available Control Measures (RACM)

Section 172(a)(2)(A) of the CAA requires non-attainment areas to attain the NAAQS as expeditiously as practicable and to provide outer-limit dates for attainment based on an area's classification. Furthermore, CAA Section 172(c)(1) states, "In general - Such plan provisions shall 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." Reasonably Available Control Measures (RACM) refers to measures which may be applicable to a wide range of sources, notably mobile and area sources, whereas RACT is a type of RACM specifically designed for stationary sources.

EPA has recently issued a number of regulations targeting the NOx, VOC, and direct PM emissions from cars, trucks, and buses. This includes gains witnessed from the California low emission vehicle standards adopted by New York State starting with model year 1993 (6NYCRR Part 218) and vehicle turnover. As a result of the heavy-duty diesel engine regulations, enacted in 2001, high-efficiency catalytic exhaust emission control devices (or similar technologies) will positively affect PM reductions. Because these control devices are damaged by the presence of sulfur in fuel, sulfur in highway diesel fuel was reduced from 500 ppm to 15 ppm by mid-2006. Nonroad diesel-powered equipment (including construction, agricultural, and industrial equipment) accounts for a large portion of total PM and NOx emissions from mobile sources. These will see emissions reductions of more than 90 percent from similar controls.

This section describes the control measures, existing and proposed, that will result in the attainment of of NAAQS in the required time period. Table 6-8 presents the rulemaking schedule for PM and NOx controls. These rulemakings are projected to occur this year, limited by the normal developmental, processing and approval times associated with rulemaking in New York. These measures will take effect as quickly as possible in less than one year, and so are all reasonably available control measures will take effect as expeditiously as practicable.

The other control measures considered for inclusion in this SIP as RACM measures were those for "chip reflash" which would reduce off-cycle NOx emissions from diesel trucks by upgrading the software in engine electronic control modules (ECM), and the reduction of fuel sulfur in motor and heating fuels. The chip reflash measure is not proposed for adoption since it is anticipated that a sufficient number of diesel trucks to which it would apply would be out of service by the time the measures were adopted, reducing its effectiveness. The reduction in allowable fuel sulfur content could not be implemented in time to meet the attainment date. However, it has been included in the draft Regional Haze SIP that is presently under review by the Federal Land Managers prior to being brought to hearing in New York, and is one the measures that are included in the "Ask" that was formulated by states containing federal Class I areas.

As with RACT, no additional measures are required, as New York State is projected to attain in 2009, which is within five years of designation. There is no need to show reasonable further progress past the projected date of attainment.

6.3 Particulate Matter

6.3.1 Existing State Particulate Matter Measures Part 215: Open Burning

6 NYCRR Part 215 has been revised and has been published in the New York State Register. The new version is effective October 14, 2009. This revised regulation will allow (in any town with a total population less than 20,000) for the burning of downed limbs and branches (including branches with attached leaves or needles) less than six inches in diameter and eight feet in length between May 15th and the following March 15th. The burning of all other household generated wastes is prohibited. The Department believes that the strengthened rule will reduce the impacts of pollutants such as dioxins, particulate matter and carbon monoxide. A strengthened ban will have the additional benefit of reducing forest fires and the impacts from them. Exemptions from this rule will include restricted categories such as camp fires, agricultural burning, prescribed burning, and ceremonial fires.

6.3.2 Existing Federal Particulate Matter Measures Locomotive Engines and Marine Compression-Ignition Engines Final Rule

Locomotives and marine diesel engines are important contributors to the nation's air pollution, as they emit large amounts of direct PM and NOx. In 2007, these engines accounted for approximately 25 percent of mobile source diesel PM2.5 emissions and 20 percent of mobile source NOx emissions. To dramatically reduce emissions from these engines, EPA is issuing its rule, "Control of Emissions of Air Pollution From Locomotive Engines and Marine Compression-Ignition Engines Less than 30 Liters per Cylinder." This final rule was signed by the Administrator on March 14, 2008, and will be made effective 60 days after its publication in the Federal Register. It will set new exhaust emission standards on all types of locomotive engines, and on all types of marine diesel engines below 30 liters per cylinder displacement.

This program includes a set of near-term emission standards for newly-built engines, which will begin to be phased in starting 2009, and for existing locomotives, which would take effect as soon as 2008 but no later than 2010 (2013 for Tier 2 locomotives)-as soon as certified remanufacture systems are available. Further long-term standards would be phased in over time, starting in 2014. Provisions are also being included to reduce unnecessary locomotive engine idling. Compared to engines meeting current standards, these stricter requirements will ultimately result in estimated PM reductions of 90 percent and NOx reductions of 80 percent. In addition to PM and NOx reductions, the standards will effectively reduce nonmethane hydrocarbons, carbon monoxide, and air toxics.

6.3.3 New or Revised State Particulate Matter Measures (See Table 6.3 for the rulemaking schedule for new rules) Part 227: Stationary Combustion Installations

The Department has cited a need to add PM2.5 RACT requirements to 6 NYCRR Part 227, "Stationary Combustion Installations." Sources with potential direct PM2.5 emissions greater than 100 tpy would be required to perform a case-by-case RACT analysis to determine the appropriateness of controls. The methods by which the RACT analysis would be conducted will be similar to those of the NOx RACT requirements of Part 227. The addition of this requirement would affect nearly 10 sources within New York State.

6.4 Sulfur

6.4.1 Existing State Sulfur Measures Part 225: Fuel Consumption and Use

6 NYCRR Part 225, "Fuel Consumption and Use," contains methods by which to reduce sulfur associated with different types of fuel use. Subpart 225-1 places restrictions on the amount of sulfur in oil or coal which is bought or sold for the purpose of using in any stationary combustion installation with a total heat input greater than 250mmBtu/hr. These standards are area- and facility-specific; the current standards were made effective in January, 1986.

Subpart 225-4 declares that any motor vehicle diesel fuel or fuel additives sold or supplied in New York State must conform with the provisions provided in 40 CFR Part 80, Subpart I (July 1, 2003). These provisions commenced June 1, 2006 for all refiners and importers supplying diesel fuel to the State of New York, July 15, 2006 for locations in the diesel fuel distribution system downstream from refineries and import facilities except retail outlets and wholesale purchaser-consumer facilities, and September 1, 2006 for retail outlets and wholesale purchaser-consumer facilities. Included is a requirement for a maximum sulfur content in motor vehicle diesel fuel of 15 ppm, with some exceptions allowing for 500 ppm.

In addition to these requirements for sulfur content, subpart 225-3 addresses the volatility of gasoline. This regulation mandates a 9.0 psi Reid Vapor Pressure on gasoline sold during the ozone season. Retaining this level will limit the amount of VOCs which vaporize into the air.

6.4.2 Existing Federal Sulfur Measures Clean Air Act Title IV - Acid Rain Program

Due to the ongoing problem of acid deposition, caused principally by the combustion of fossil fuels, Title IV of the CAA contained the goal of reducing annual emissions of SO2 by 10 million tons from 1980 emissions levels amid the continental U.S. EPA proposed to meet these goals through two phases of SO2 requirements. In section 403, EPA established an allowance allocation and trading system based upon historical emissions from the applicable facility.

The Phase I SO2 requirements went into effect on January 1, 1995. Section 404 allocated allowances to sources in 21 eastern and midwest states, including New York State. A total of 445 units were held to emissions limitations by the Phase I requirements.

On January 1, 2000, the emissions limitations established in section 404 were superseded by those established in the Phase II SO2 requirements of section 405. This section served to place more stringent controls on the Phase I units, and enacted restrictions on smaller plants with oil-, coal- and gas-fired units as well. These requirements impacted over 2,000 units overall.

Also included in Title IV is a similar goal of reducing annual NOx emissions by 2 million tons from 1980 levels. The requirements for these reductions are specified, primarily for coal-fired utility boilers, in section 407. Low-Sulfur Fuels

Associated with the Tier 2 standards is a requirement to reduce sulfur levels in gasoline nationwide. Refiners had to meet a corporate average gasoline sulfur standard of 120 ppm and a cap of 300 ppm beginning in 2004. The cap was reduced to 80 ppm in 2006, and most refineries were required to produce gasoline averaging no more than 30 ppm sulfur. These sulfur standards will result in cleaner air, and will have beneficial effects on vehicle emission control systems.

6.5 Nitrogen Oxides

6.5.1 Existing State NOx Measures Part 210: Emissions and Labeling Requirements for Personal Watercraft Engines

6 NYCRR Part 210, "Emissions and Labeling Requirements for Personal Watercraft Engines," establishes an emissions reduction program for personal watercraft engines. Adopted in 2003, this regulation reduces emissions of NOx, PM and hydrocarbons past the levels achieved by federal standards.

This regulation includes lower emission certification levels beginning with model year 2006 and which become increasingly stringent; requires test procedures for new and in-use engines which guarantee compliance with the standards; establishes an environmental label program; and extends emission warranty requirements. Manufacturers must ensure that the emissions of their entire product line meets the corporate average requirement. CARB's average requirement declines through the 2008 model year. Part 217: Motor Vehicle Emissions

Included in 6 NYCRR Part 217, "Motor Vehicle Emissions," effective October 30, 2002, are provisions which curb NOx, PM, hydrocarbon and carbon monoxide emissions from motor vehicles in New York State. The provisions of Part 217 cover inspection and maintenance programs as well as additional requirements for heavy-duty motor vehicles.

Under Subpart 217-1, motor vehicles statewide are required to conform to certain gas cap standards and, for model year 1996 and newer motor vehicles, specific on-board diagnostic system requirements. This subpart contains additional exhaust emissions requirements for motor vehicles registered or primarily operated in the New York metropolitan enhanced inspection region (which includes New York City, Long Island, and Rockland and Westchester Counties).

Subpart 217-3 contains anti-idling provisions for heavy duty vehicles. These heavy duty vehicles, which have a gross vehicle weight rating greater than 8,500 lbs. and are designed for transporting persons or properties, are not permitted to idle for more than five minutes while the vehicle remains motionless.

Since June 1, 1999, all heavy duty diesel vehicles (HDDVs) requiring registration in the New York City Metropolitan Area (except for buses, municipally owned vehicles and other vehicles exempted in the subpart) were required by Subpart 217-5 to pass an annual diesel emissions inspection test. Beginning June 1, 2000, buses and municipally owned vehicles were also held to this requirement. This time schedule also applies for which vehicles statewide are subject to roadside or random inspection along public highways and quasi-public locations. Part 218: Emission Standards for Motor Vehicles and Motor Vehicle Engines

Section 177 of the CAA permits states to adopt new motor vehicle emissions standards that are identical to California's. New York has exercised this option in 6 NYCRR Part 218, "Emission Standards for Motor Vehicles and Motor Vehicle Engines," which incorporates California's emissions standards for light-duty vehicles. These regulations apply to 1993, 1994, 1996 and newer model year vehicles.

The Low Emission Vehicle (LEV) regulations provide flexibility to auto manufacturers by allowing them to certify their vehicle models to one of several different emissions standards. These consist of several different tiers of increasingly stringent LEV emission standards to which a manufacturer may certify a vehicle, including LEV, ultra-low-emission vehicle (ULEV), super-ultra low-emission vehicle (SULEV), and zero-emission vehicle (ZEV). The different standards are intended to provide flexibility to manufacturers in meeting program requirements. However, manufacturers must demonstrate that the overall fleet for each model year meets the specified non methane organic gas (NMOG) standard for that year. These requirements are progressively lower with each model year.

6.5.2 New or Revised State NOx Measures (See Table 6.3 for the rulemaking schedule for new rules) Part 212: General Process Emission Sources

6 NYCRR Part 212, which applies to both NOx and VOC 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.

The Department is planning to revise Section 212.10 to control emissions from hot mix asphalt production. The dryer operation is the main source of emissions in asphalt production plants, as high temperatures amid the presence of nitrogen and oxygen result in formation of NOx. These NOx emissions reductions can efficiently be realized through the implementation of low-NOx burners and flue gas recirculation. The OTC, with its 2006 model rule, has proposed emission rate limits based on process type (batch or drum mix) and type of fuel, with each limit equating to a 35 percent reduction from uncontrolled levels. Also proposed is a requirement for minor sources to implement low-NOx burners.

NOx emissions can be reduced by 25-40 percent with low-NOx burners, and by an additional 10 percent through addition of flue gas recirculation. The proposed control methods come at reasonable costs. Low-NOx burner costs are in the range of $500-$1,250 per ton of NOx reduced, and combining these with flue gas recirculation leads to costs of $1,000-$2,000 per ton of NOx removed, as calculated by the Department. Subpart 220-1: Portland Cement Plants

The Department will target the reduction of NOx emissions with updates made to 6 NYCRR Part 220, "Portland Cement Plants." NOx is created during fuel combustion for the energy-intensive formation of cement. The state will investigate RACT controls to identify a feasible way to meet these reductions. In updating the rule, the regulations concerning portland cement plants will be identified as Subpart 220-1, as new regulations for glass manufacturing plants will be introduced as Subpart 220-2.

There are currently three portland cement plants in New York State (two long wet kilns, and one dry kiln). Upon the introduction of NOx RACT in 1995, the Department promulgated revisions to Part 220 that required owners of these facilities to submit a plan that identified RACT and included a schedule for installation of RACT. An all-inclusive regulation could not be established, as the variation in technology demanded a distinct analysis and application of NOx controls that were reasonably available at the time.

The Department may retain the same approach, where each plant owner will be required to perform a RACT analysis that will identify the level of control technology and include a schedule for installation. As an alternate to the case-by-case RACT determinations, the Department is considering the introduction of NOx emission limits on the cement kilns. Potential NOx limits are 4 to 5 pounds per ton of clinker produced for long wet kilns, and 2 pounds per ton of clinker for dry preheater kilns. Subpart 220-2: Glass Manufacturing

The Department is proposing to implement a new regulation to limit the emissions of NOx formed by the high temperatures required in glass melting furnaces. The current 6 NYCRR Part 220, "Portland Cement Plants," will be altered to include a Subpart 220-2, under which the glass manufacturing plants within the state will be subject to certain restrictions. New York State currently does not contain specific emission limitation requirements, but will propose those NOx limits proposed by the OTC in their 2006 model rule.

There are several alternate control technology options to reduce NOx from glass furnaces. These include combustion modifications (low NOx burners, oxy-fuel firing, oxygen-enriched air staging), process modifications (fuel switching, batch preheat, electric boost), and post-combustion modifications (fuel reburn, selective catalytic reduction, selective non-catalytic reduction). Oxy-firing has proved to be the most effective control measure by reducing NOx emissions up to 85 percent, as well as reducing energy consumption, increasing production rates and improving glass quality.

The Department is considering the following NOx emission rate limits, as proposed by the OTC: For the production of container glass and fiberglass, 4.0 lbs NOx per ton of glass pulled, on a block 24-hr average; for the production of flat glass and pressed/blown glass, 9.2 lbs NOx per ton of glass pulled on a block 24-hr average, or 7.0 lbs NOx per ton of glass pulled on a rolling 30-day average. The Department will work with glass plants to come up with an efficient use of technology to meet these standards. An 85 percent reduction can be expected for glass furnaces within New York State; when applied to the projected 2009 base inventory, this percentage translates to a NOx reduction of 5.8 tons per summer day or 887 tons per ozone season. Part 227: Stationary Combustion Installations

In conjunction with the 8-hour ozone SIP, 6 NYCRR Part 227, "Stationary Combustion Installations" is undergoing a number of revisions. These include stricter requirements for NOx-emitting sources, and a new requirement for sources with excessive direct PM emissions.

Subpart 227-2 will be revised to include stricter control requirements for major stationary sources that contain natural gas and/or oil-fired Industrial/Commercial/Institutional (ICI) boilers, or combined cycle/cogeneration combustion turbines. The emission limits to be implemented with this rule revision will be based upon a combination of boiler size and fuel type. Unique boiler configurations may lead to problems meeting the proposed presumptive emission limits; in such events, case-by-case RACT determinations will be made.

The existing Subpart 227-3, "Pre-2003 Nitrogen Oxides Emissions Budget and Allowance Program," will be repealed because the program's limited duration ended five years ago. In its place will be established a new Subpart 227-3 that will set NOx emission controls for natural gas and/or oil-fired ICI boilers and simple cycle combustion turbines that are considered minor sources. Those minor sources that are expected to be covered under Part 222, "Distributed Generation Sources," will be exempt from the requirements of Subpart 227-3. Part 231: New Source Review in Nonattainment Areas and Ozone Transport Region

The Department has promulgated revisions to Part 231. The regulation was re-titled "New Source Review for New and Modified Facilities" and includes new Subparts 231-3 through 231-13. The new subparts implement nonattainment New Source Review (NNSR) and attainment New Source Review (PSD).

The revised NNSR requirements are based on New York's existing NNSR program Subpart 231-2, with revisions to include selected provisions from the December 31, 2002 Federal NSR reform rule and EPA's December 21, 2007 Reasonable Possibility in Recordkeeping Rule. The newly added PSD requirements are also based largely on the December 31, 2002 Federal NSR reform rule as codified at 40 CFR 52.21.

The revisions to Part 231 changed the basis of applicability for modifications and emission reduction credits (ERCs) from an "Emission Unit" basis to an "Emission Source" basis, incorporate various federal requirements, provided clarification of existing requirements, and required comprehensive reporting, monitoring, and recordkeeping that will conform to the requirements of Title V. Through this rulemaking, the Department also established a new method for determining baseline actual emissions. Baseline actual emissions are determined by using any 24 consecutive month period of emissions in the previous five years. All facilities (no separate baseline period for electric utility steam generating units) are required to determine their baseline actual emissions using this method.

The Department retained existing Subpart 231-1 "Requirements for emission sources subject to the regulation prior to November 15, 1992" and Subpart 231-2, "Requirements for emission units subject to the regulation on or after November 15, 1992". These regulations are currently cited in many air permits issued throughout the State and retaining them will facilitate implementation and enforcement of the NSR program. Existing Subpart 231-2 was revised only to indicate that the Subpart will not apply after the effective date of revised Part 231. Thus, permit applications received on or after the effective date of revised Part 231 will be processed according to the provisions of Subparts 231-3 through 231-13, as applicable.

6.5.3 Existing Federal NOx Measures Large Industrial Spark-Ignition Engines Over 19kW and Recreational Vehicles

In 2002 EPA published a federal rule to control emissions of NOx, direct PM, hydrocarbons and carbon monoxide, titled "Control of Emissions from Nonroad Large Spark-Ignition Engines, and Recreational Engines (Marine and Land-Based)" (67 FR 68242). Subject to this rule are those large spark-ignition engines such as those found in forklifts and airport ground-service equipment, and recreational engines found in off-highway motorcycles, all-terrain vehicles, and snowmobiles, as well recreational marine diesel engines. Companies that manufacture or introduce into commerce any of the subject engines or vehicles are required to produce engines and equipment meeting the new standards.

EPA enacted a two-phase system controlling emissions from large spark-ignition engines. The first phase of the standards went into effect in 2004, for which a nearly 75 percent reduction in combined NOx and hydrocarbons, based on emission measurements during steady-state operation, was expected. The second phase of requirements went into effect in 2007. These included optimization of existing technologies, and emission measurements based on a transient test cycle, which is more indicative of actual use. New requirements for evaporative emissions and engine diagnostics were also included.

The recreational vehicle portion of the rule mandates separate emission standards for snowmobiles, off-highway motorcycles, and all-terrain vehicles (ATVs). NOx reductions will come from the off-highway motorcycle and ATV standards. EPA finalized combined NOx and hydrocarbon emission limits of 2.0 g/km for off-highway motorcycles and 1.5 g/km for ATVs. Both standards were phased-in beginning in 2006, and made fully effective in 2007.

EPA is placing exhaust and crankcase standards on recreational marine diesel engines greater than or equal to 37 kW. The standards, placed on combined hydrocarbon and NOx, and direct PM emissions, vary based on engine displacement. The various emission limits and their implementation dates are shown in the table below. Federal Diesel Fuel

EPA's motor vehicle diesel fuel regulations treat diesel engine systems and fuels as a system. The EPA motor vehicle diesel fuel regulation is an integral part of EPA regulations establishing new emission standards that were effective for model year 2007 and apply to heavy-duty highway engines and vehicles greater than 8,500 pounds GVWR.

In addition to setting emission limits for PM, the requirements establish standards for NOx and non-methane hydrocarbons (NMHC) of 0.20 grams per brake horsepower-hr (g/bhp-hr) and 0.14 g/bhp-hr, respectively. The NOx and NMHC standards will be phased in between 2007 and 2010 for diesel engines. The phase-in will be on a percent-of-sales basis from 2007 into 2010. Gasoline engines are also subject to these standards, with a phase-in provision that requires 50 percent compliance in the 2008 model year and 100 percent compliance in the 2009 model year. Flexibility provisions to assist the transition to the new standards are included that will provide an incentive for the early introduction of clean technologies. They will also provide for flexibility in adapting new technologies and existing engine-based technologies.

Because many control devices are damaged by sulfur, it is necessary to reduce the level of sulfur in motor vehicle diesel fuel from 500 ppm to 15 ppm. This rule provides for production of 15 ppm motor vehicle diesel fuel beginning on June 1, 2006. The rule became effective at downstream locations (such as terminals) on July 15, 2006, and at retail locations and wholesale purchaser-consumer facilities on October 15, 2006.

Table 6-1
Recreational Marine Diesel
Emission Standards
Subcategory HC+NOx
disp* < 0.9 7.5 0.40 2007
0.9 ≤ disp < 1.2 7.2 0.30 2006
1.2 ≤ disp < 2.5 7.2 0.20 2006
disp ≥ 2.5 7.2 0.20 2009

*engine displacement Small Spark-Ignition Engines

The first phase of regulations to control emissions from new nonroad spark-ignition engines at or below 19 kW (25 hp) was published in July 1995 (60 FR 34582). Covered under this rule are a wide variety of new engines manufactured during or after 1997 used in, among other things, lawn and garden equipment and small construction equipment. This first phase of standards was to reduce hydrocarbon emissions by 32 percent and carbon monoxide emissions by seven percent in 2020, when complete fleet turnover would be achieved.

A second phase of control requirements was published in March 1999 (64 FR 15208), specifically for Class I and Class II non-handheld spark-ignition engines at or below 19 kW such as lawnmowers and garden tractors. These Phase 2 requirements, which were phased in from 2001 to August 2007, will result in an estimated 51 percent reduction in combined hydrocarbon and NOx emissions by 2010, and a 59 percent reduction of these emissions by 2020.

Additional Phase 2 requirements were published by EPA in April 2000 (65 FR 24268). These standards affected handheld spark-ignition engines at or below 19 kW, principally those used in lawn and garden equipment such as trimmers, leaf blowers and chainsaws. An estimated 70 percent reduction of combined hydrocarbon and NOx emissions are expected by 2010. The standards apply to Class III, IV, and V engines, and were phased in between 2002 and 2007. Nonroad Diesel Engines

In its June 1994 rule (59 FR 31306), EPA noted that nonroad engines are significant contributors of PM, ozone precursors and carbon monoxide, which cause or contribute to air pollution which may have negative health consequences. In this rule, EPA set the first phase of emission standards for nonroad diesel engines rated 37 kW (50 hp) and above.

The final rule published in October 2006, "Control of Emissions of Air Pollution from Nonroad Diesel Engines" (63 FR 56968) extended the previous finding to nonroad diesel engines rated below 37 kW. The rule finalizes a new set of emission standards for all nonroad diesel engines, except for locomotive engines, underground mining equipment engines, and marine engines rated at or above 37 kW. EPA finalized a set of emission standards for PM, carbon monoxide, and combined nonmethane hydrocarbons and NOx, that vary in level and implementation date depending on the rated power of the engine and other factors. These build upon the Tier 1 standards presented in the 1994 rule. The various emission limits and their implementation dates are shown in the table below.

Table 6-2
Nonroad Diesel Emission Standards
Engine Power Tier Model Year NMHC+NOx* PM*
kW < 8
(hp < 11)
Tier 1 2000 10.5 (7.8) 1.0 (0.75)
Tier 2 2005 7.5 (5.6) 0.80 (0.60)
8 ≤ kW < 19
(11 < hp < 25)
Tier 1 2000 9.5 (7.1) 0.80 (0.60)
Tier 2 2005 7.5 (5.6) 0.80 (0.60)
19 ≤ kW < 37
(25 ≤ hp < 50)
Tier 1 1999 9.5 (7.1) 0.80 (0.60)
Tier 2 2004 7.5 (5.6) 0.60 (0.45)
37 ≤ kW < 75
(50 ≤ hp < 100)
Tier 2 2004 7.5 (5.6) 0.40 (0.30)
Tier 3 2008 4.7 (3.5) -
75 ≤ kW < 130
(100 ≤ hp < 175)
Tier 2 2003 6.6 (4.9) 0.30 (0.22)
Tier 3 2007 4.0 (3.0) -
130 ≤ kW < 225
(175 ≤ hp < 300)
Tier 2 2003 6.6 (4.9) 0.20 (0.15)
Tier 3 2006 4.0 (3.0) -
225 ≤ kW < 450
(300 ≤ hp < 600)
Tier 2 2001 6.4 (4.8) 0.20 (0.15)
Tier 3 2006 4.0 (3.0) -
450 ≤ kW ≤ 560
(600 ≤ hp ≤ 750)
Tier 2 2002 6.4 (4.8) 0.20 (0.15)
Tier 3 2006 4.0 (3.0) -
kW > 560 (hp > 750) Tier 2 2006 6.4 (4.8) 0.20 (0.15)

*g/kW-hr (g/hp-hr) NOx MACT

Under section 112 of the 1990 CAA Amendments, HAPs are required to be controlled by technology determined to be MACT. Otherwise known as NESHAP standards, the Department has been adopting these control requirements as they have been developed by EPA and has therefore been realizing the reductions resulting from the MACT program. Many of these standards affect emissions of PM or its precursors. Notable sources of NOx reductions include the MACT standards relating to combustion, such as the standards for Stationary Combustion Turbines, Combustion Sources at Kraft, Soda, and Sulfite Pulp & Paper Mills, and Reciprocating Internal Combustion Engines.

6.7 VOC and Ammonia

EPA has found at this time there is significant uncertainty regarding whether certain precursors significantly contribute to PM2.5 concentrations in all nonattainment areas such that the policy set forth in EPA's rule does not presumptively require certain precursors (ammonia, VOC) to be controlled in each area. Therefore, a discussion of the control measures for VOC and ammonia is not required. However, details of New York State's existing and new VOC measures are included in the weight of evidence portion of Section 5.

6.8 Rulemaking Schedule

The following table contains the schedule for the promulgation of emission reduction requirements for PM2.5 and NOx. The Department commits to adopting these measures in furtherance of the goals of this SIP.

Table 6-3 - Rulemaking Schedule
PM2.5 & NOx Emission Reductions - Rulemaking Schedule
Pollutant Rule Name Proposal
Package to
File Regulation
Secretary of
212.10 1 NOx Asphalt Production 01/2010 05/2010 06/2010 07/2010
220-1 NOx Portland Cement Plants 01/2010 05/2010 06/2010 07/2010
220-2 NOx Glass Manufacturing 01/2010 05/2010 06/2010 07/2010
227-2 PM, NOx NOx RACT 01/2010 05/2010 06/2010 07/2010


1 Formerly 227-4

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