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Part 249: Best Available Retrofit Technology (BART) - SIP Submission

The following is the content of a letter and associated attachments sent to the Regional Administrator at the USEPA, Region 2, Judith A. Enck. The letter was signed on August 2, 2010 by Joseph J. Martens, Commissioner.

On behalf of the Governor of the State of New York, I am submitting for approval by the United States Environmental Protection Agency (EPA) a revision to the New York State Implementation Plan (SIP) for Regional Haze.

This SIP revision request is comprised of the rule changes to New York's Part 249, "Best Available Retrofit Technology (BART)," and amendments to Part 200 "General Provisions" of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR).

The proposed Part 249 and proposed amendments to Part 200 underwent a public review process. On October 28, 2009, the Best Available Retrofit Technology (BART) regulation was proposed in the New York State Register (I.D. No. ENV-43-09-00006-P) and in the Environmental Notice Bulletin under the provisions of the State Administrative Procedures Act. Public hearings were held in Albany on December 1, 2009, in Avon on December 2, 2009 and in Long Island City on December 3, 2009. The comment period closed at 5:00 p.m. December 24, 2009. On March 22, 2010, the Environmental Board approved the proposed BART regulation. These rules were filed with the New York State Department of State on April 6, 2010. The effective date for the BART regulation was May 6, 2010.

The proposed Part 249 was adopted pursuant to Clean Air Act Section 169A and the federal Regional Haze Rule to reduce the emissions of pollutants which contribute to regional haze in Federal Class I areas. The New York State Department of Environmental Conservation (department) was obligated to promulgate this rule, as sources in New York State contribute to haze issues in Class I areas of downwind states. Sources eligible for BART are those which belong to one of 26 specific source categories, commenced operation or underwent reconstruction between August 7, 1962 and August 7, 1977, and have the potential to emit at least 250 tons per year of any of the visibility-impairing pollutants: SO2, NOx, or PM10.

Eligible facilities which contribute to visibility impairment in downwind Class I areas will be required to perform an analysis of potential controls for each visibility-impairing pollutant. The BART analysis will consider the following factors: the costs of compliance, the energy and non-air quality environmental impacts of compliance, any existing pollution control technology at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology. This analysis of controls is due to the department by October 1, 2010. Approved control equipment or other emission reduction methods must be installed and operating no later than January 1, 2014.

This SIP revision request includes the following*:

  1. Revised Express Terms: 6 NYCRR Part 249, "Best Available Retrofit Technology (BART)"
  2. Express Terms: 6 NYCRR Part 200, "General Provisions"
  3. Copy of the transmittal letter to the Department of State.
  4. Certificate of Adoption for these rules dated April 5, 2010.
  5. Notice of Proposed Rulemaking as published in the Environmental Notice Bulletin on October 28, 2009.
  6. Notice of Public Hearing as published in the Environmental Notice Bulletin on October 28, 2009.
  7. Notice of Proposed Rulemaking as published in the New York State Register on October 28, 2009.
  8. Notice of Comment Period Extension as published in the Environmental Notice Bulletin on December 9, 2009.
  9. Notice of Comment Period Extension as published in the New York State Register on December 9, 2009.
  10. Notice of Adoption published in the Environmental Notice Bulletin and the New York State Register on April 21, 2010 which was filed with the New York State Department of State on April 6, 2010.
  11. Codified copy of 6 NYCRR Part 249 dated July 22, 2010 as filed with the Secretary of State on April 6, 2010.
  12. Hearing officer's report for three public hearings.
  13. Copy of transcript for public hearing held in Albany, NY on December 1, 2009.
  14. Copy of transcript for public hearing held in Avon, NY on December 2, 2009.
  15. Copy of transcript for public hearing held in Long Island City, NY on December 3, 2009.
  16. Copies of the Proofs of Publication of the rulemaking in newspapers across the state.
  17. Summary of the Assessment of Public Comments received from October 28, 2009 through 5:00 p.m. December 24, 2009.
  18. Assessment of Public Comments received from October 28, 2009 through 5:00 p.m. December 24, 2009.

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

* The documents listed above are available upon request either by email dar.sips@dec.ny.gov or phone (518) 402-8396.


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