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Part 225: Fuel Composition and Use - Sulfur Limitations - 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 June 12, 2013 by Joseph J. Martens, Commissioner.

This letter is to request approval by the United States Environmental Protection Agency (EPA) of a revision to the New York State Implementation Plan (SIP). This SIP revision is being submitted pursuant to 40 CFR §51.121(D)(1) in order to incorporate adopted amended rules of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR).

The proposed SIP revisions are comprised of Part 225 "Fuel Composition and Use - Sulfur Limitations", and amendments to Part 200, "General Provisions". The Express Terms were adopted and filed with the New York State Department of State on March 6, 2013, with an effective date of April 5, 2013.

The proposed Part 225 and proposed amendments to Part 200 underwent a public review process. On October 31, 2012, the proposed amendments to Part 225 and Part 200 were published in the New York State Register (I.D. No. ENV-44-12-00015-P), the Environmental Notice Bulletin, and in newspapers statewide. Public hearings were held on December 17, 2012 in Long Island City, in Avon on December 18, 2012, and in Albany on December 20, 2012.

The comment period closed on December 28, 2012. A Notice of Adoption was filed on March 6, 2013 and was published in the New York State Register (I.D. No ENV-44-12-00015-A) on March 27, 2013. The effective date for the proposed regulations was thirty days after filing (April 5, 2013). The adoption of these rules is fully enforceable by the State.

The proposed SIP revision is comprised of the following*:

1. Express Terms:

a. 6 NYCRR Part 225, "Fuel Composition and Use - Sulfur Limitations"

b. 6 NYCRR Part 200, "General Provisions"

2. Notice of Proposed Rulemakings and Notice of Public Hearings as published in the New York State Register and the Environmental Notice Bulletin on October 31, 2012, and newspapers statewide on or about October 31, 2012.

3. Copies of the Proofs of Publication of the rulemaking in newspapers across the state.

4. Hearing report for proposed amendment of 6 NYCRR Part 225 and Part 200 dated January 2, 2013, and hearing transcripts dated December 17, 2012 in Long Island City, December 18, 2012 in Avon, and December 20, 2012 in Albany.

5. Response to public comments received on the rulemakings for amendments to 6 NYCRR Part 225, "Fuel Composition and Use - Sulfur Limitations" and amendments to 6 NYCRR Part 200, "General Provisions".

6. A copy of the Notice of Adoption filed with the New York State Department of State on March 6, 2013, and the Public Notice of the Notice of Adoption published in the Environmental Notice Bulletin on March 27, 2013.

If you have any questions, please call David Shaw, Director, Division of Air Resources, at (518) 402-8452.

* 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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