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Proposed Revision to State Plan for Large Municipal Waste Combustors

Download the complete State Plan (PDF 232 kb, 60 pgs)

The Clean Air Act (CAA) mandates that states submit to the US Environmental Protection Agency (EPA) a State Plan in accordance with the requirements of Section 111(d) and 129 of the CAA, for implementation and enforcement of 40 CFR 60, Subpart Cb - Emission Guidelines and Compliance Times for Large Municipal Waste Combustors that are Constructed on or Before September 20, 1994 (Guidelines). In accordance with the CAA, the NYS Department of Environmental Conservation (Department) submitted a State Plan to EPA on December 15, 1997, a supplement to the State Plan on June 22, 1998, a revised State Plan on October 7, 1998, and a supplement to the revised State Plan on November 5, 1998.

EPA most recently amended the Guidelines on May 10, 2006. As a result, the Department is proposing to revise the State Plan to conform to the 2006 amendments. In anticipation of the State Plan revision, the Department amended 6 NYCRR Part 200.10 on August 6, 2009 to incorporate by reference, EPA's amended Guidelines. This proposed State Plan revision addresses the nine (9) required elements specified in 40 CFR 60 Subpart B:

  1. A demonstration of the State's legal authority to carry out the Section 111(d)/129 State Plan as Submitted (Revised cover sheet for Section A),
  2. Identification of enforceable State mechanisms for implementing the Emission Guidelines (Section B),
  3. An inventory of large MWC plants/units in the State affected by the Emission Guidelines, including MWC units that have ceased operation and are not partially or totally dismantled (Section C),
  4. An inventory of emissions from large MWC units in the State (Section C),
  5. Emission limitations for MWC units that are at least as protective as those in the Emission Guidelines (Section B),
  6. Compliance schedules (Section D),
  7. Testing, monitoring, recordkeeping, and reporting requirements (Section B),
  8. A record of public hearing(s) on the State Plan is pending (Sections B & D), and
  9. Provision for annual state progress reports to EPA on implementation of State Plan (Revised cover sheet for Section E).

Discussion and supporting documentation is also provided, where necessary.


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  • Division of Air Resources
    State Plan - Combustors
    625 Broadway
    Albany, NY 12233-3254
    518-402-8403
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