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Submittal of State Implementation Plan Revisions For Reasonably Available Control Technology (RACT) Variances, January 31, 2011

The following is the content of a letter sent to the Regional Administrator at the USEPA, Judith A. Enck. The letter was signed on January 31, 2011 by J. Jared Snyder, Assistant Commissioner, Office of Air Resources, Climate Change and Energy.

The New York State Department of Environmental Conservation (Department) is submitting to EPA a collection of Reasonably Available Control Technology (RACT) variances for gasoline dispensing sites. Department regulations under 6 NYCRR Part 230, "Gasoline Dispensing Sites and Transport Vehicles," require the installation of Stage II systems at gasoline dispensing sites in the lower Orange County or New York City with annual throughput greater than 120,000 gallons. Because of the prevalence of onboard refueling vapor recovery (ORVR) technology in flexible fuel vehicles and the incompatibility with Stage II equipment, a number of stations intending to install E85 pumps are requesting a waiver from the Stage II equipment requirements.

RACT variances from the requirements of Part 230 are granted through Section 230.8: "Where it can be shown to the satisfaction of the commissioner that a gasoline dispensing site or gasoline transport vehicle cannot comply with the requirements of this Part for reasons of technological or economic feasibility, the commissioner may, upon submission of satisfactory evidence, grant to the source owner or operator a variance from the requirements of this Part and accept a lesser degree of control or an alternate compliance schedule." The enclosed analyses demonstrate the economic infeasibility of installing Stage II controls on E85 pumps. These analyses have been reviewed and accepted by the Department, and await EPA approval as State Implementation Plan (SIP) revisions.

The Department published notices in the Environmental Notice Bulletin for these variances on September 17, 2008, February 4, 2009, and September 8, 2010. These notices provided a 30-day period for comment, or for the request of a public hearing related to these revisions. In each instance the Department received no comments, nor did it receive any requests for public hearings.

With this package you will find the following:

  1. A copy of the Public Notices published in the Environmental Notice Bulletin on September 17,2008 (batch 1), February 4, 2009 (batch 2), and September 8, 2010 (batches 3, 4, and 5);
  2. A list of the facilities seeking approval of a variance, along with their locations;
  3. The economic feasibility analysis provided in support of the variance. Note that the cost figures contained within this analysis apply equally to all facilities; therefore, rather than submit a large number of identical analyses, we have provided one that is representative of all stations seeking a variance.

If you have any questions, please contact Mr. Scott L. Griffin of the Bureau of Air Quality Planning at (518) 402-8396.

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