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Part 203: Indirect Sources of Air Contamination

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 March 4, 2014 by Joseph J. Martens, Commissioner.

This letter is to request approval by the U.S. Environmental Protection Agency (EPA) of a revision to the New York State Implementation Plan (SIP). This SIP revision pertains to the removal of Title 6 of the Official Compilation of Codes, Rules, and Regulations of the State of New York (6 NYCRR), Part 203, Indirect Sources of Air Contamination, from the SIP.

DEC promulgated Part 203 in 1971 to prevent and control air pollution by requiring the issuance of a permit to construct for any proposed indirect sources of air contamination in New York County (Manhattan). Subsequent revisions limited the permitting to south of 60th Street. The provisions of Part 203 have rarely been applied and since 1988 only one such permit has been issued. In addition, Part 203 has been superseded by 6 NYCRR Part 240, Transportation Conformity; 40 CFR 93 Subpart B, Determining Conformity of General Federal Actions to State or Federal Implementation Plans; and 6 NYCRR Part 617, State Environmental Quality Review. These regulations address whether sources of air contamination are compatible with applicable ambient air quality standards and are applicable to all of New York State, not just to the limited area covered by Part 203.

A public review process was held for the proposed repeal of Part 203. On February 6, 2013, the proposed amendments were published in the New York State Register (I.D. No. ENV-06-13-00005-P) and the Environmental Notice Bulletin. A public hearing was held on March 26, 2013 in Long Island City. Public comments were received through April 2, 2013. No comments were received on the proposed repeal.

A Notice of Adoption was filed on April 19, 2013, and was published in the New York State Register (I.D. No. ENV-06-13-00005-A) and the Environmental Notice Bulletin on May 8, 2013. The repeal of Part 203 was effective on May 19, 2013.

The following documents are enclosed with this proposed SIP revision:1*

  1. Notice of Proposed Rulemaking as published in the New York State Register and the Environmental Notice Bulletin on February 6, 2013;
  2. Notice of Public Hearing as published in the New York State Register and the Environmental Notice Bulletin on February 6, 2013;
  3. Proofs of Publication of the Notice of Public Hearing as published in newspapers statewide on or about February 6, 2013;
  4. Hearing Report and transcript of the public hearing held on March 26, 2013 in Long Island City; and
  5. Certificate of Adoption signed April 18, 2013, and the Notice of Adoption as published in the New York State Register and the Environmental Notice Bulletin on May 8, 2013.
  6. Notice of Public Comment Period for this SIP revision was published in the Environmental Notice Bulletin concurrent with the submission of this letter. DEC will notify EPA when this comment period has concluded and, at that time, will provide a copy of the notice and address any comments received.

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

__________

1 The express terms are typically included as part of a SIP revision submission for a regulation. However, given that this regulation has been repealed, there are no express terms.

* 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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