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NYS Implementation Plan for the Interstate Transport of PM2.5 and Infrastructure Assessment

Final Revision, February 2010

The following is the content of a letter sent to the Regional Administrator at the USEPA, Region 2, Judith A. Enck. The letter was signed on March 15, 2010 by J. Jared Snyder, Assistant 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) the "transport SIP" for particulate matter 2.5 microns or less in size (PM2.5) as required under Section 110(a)(2)(D)(i) of the Clean Air Act. This State Implementation Plan (SIP) revision is being provided to you to demonstrate that the interstate transport of PM2.5 does not contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any such national primary or secondary ambient air quality standard (NAAQS), or interfere with measures required to be included in the applicable implementation plan for any other state to prevent significant deterioration of air quality or to protect visibility.

Additionally, pursuant to sections 110(a)(1) and (2) of the Clean Air Act (CAA), states are required to submit an "infrastructure" demonstration showing that New York's air program addresses basic SIP requirements related to the attainment of new or revised NAAQS, including emission inventories, monitoring and modeling to assure attainment, maintenance and enforcement of the standards. Section 110(a)(1)contains the general requirements for submitting a SIP after promulgation of a new or revised NAAQS. Section 110(a)(2) contains specific elements to be included in these plans. Mr. Harnett's September 25, 2009 "Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS)" has been considered in the development of the Infrastructure SIP submission.

Finally, New York is submitting revisions to the State's "Air Pollution Episode Communication Handbook." This document is used by the Department to implement 6 NYCRR Part 207, Control Measures for Air Pollution Episode by requiring owners of a significant air contamination source to submit a proposed episode action plan to the Department within 90 days of a request by the Department. These plans are required to contain detailed steps that will be taken by the air contamination source owner to reduce air contaminant emissions during each stage of an air pollution episode. The revisions in this plan are specifically intended to implement the requirements of Clean Air Act Section 110(a)(2)(G), Emergency Powers and Contingency Plans, as they apply to New York State by incorporating the federal Air Quality Index and associated Significant Harm Levels for the criteria pollutants as alert levels for pollution episodes.

These documents have undergone the required public review process in which a public hearing and the opportunity for public comment were held. The public hearing took place on January 5, 2010. The following documents are enclosed*:

  1. Copies of the Public Notices published in Newsday, New York Post, The Journal News and the Environmental Notice Bulletin on December 2, 2009.
  2. Legislative Hearing Transcript
  3. Responsiveness Summary
  4. New York's Implementation Plan for the Interstate Transport of PM2.5 Under Section 110(a)(2)(D)(i) (PDF 76 kb, 18 pgs.)
  5. New York's Infrastructure Assessment Under Sections 1l0(a)(1) and (2) of the Clean Air Act, and
  6. Revisions to the Department's "Air Pollution Episode Communication Handbook"

Should you have any questions regarding this submission, please do not hesitate to contact Mr. David J. Shaw, Director of the Department's Division of Air Resources at (518) 402-8452 with any questions you may have.

* The documents listed above are available upon request either by email or phone (518) 402-8396.