UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION II AIR PROGRAMS BRANCH

Technical Support Document

for

EPA’s Notice of Proposed Rulemaking

for the

New York State Implementation Plan Revision:

Approval and Promulgation of Air Quality Implementation Plans; New York
State; Redesignation of Areas for 1997 Annual and 2006 24-hour Fine
Particulate Matter and Approval of the Associated Maintenance Plan

January 2014

Table of Contents

  TOC \o "1-3" \h \z \u    HYPERLINK \l "_Toc358881951"  I. INTRODUCTION
  PAGEREF _Toc358881951 \h  3  

  HYPERLINK \l "_Toc358881952"  II. BACKGROUND	  PAGEREF _Toc358881952
\h  3  

  HYPERLINK \l "_Toc358881953"  III. REQUIREMENTS FOR REDESIGNATION	 
PAGEREF _Toc358881953 \h  5  

  HYPERLINK \l "_Toc358881954"  IV. EPA’S REVIEW OF NEW YORK’S
REDESIGNATION REQUEST	  PAGEREF _Toc358881954 \h  6  

  HYPERLINK \l "_Toc358881955"  A. Attainment	  PAGEREF _Toc358881955 \h
 6  

  HYPERLINK \l "_Toc358881956"  B. The area has met all applicable
requirements under section 110 and part D of the CAA	  PAGEREF
_Toc358881956 \h  10  

  HYPERLINK \l "_Toc358881957"  C. Fully approved SIP under 110(k) of
the CAA	  PAGEREF _Toc358881957 \h  15  

  HYPERLINK \l "_Toc358881958"  D. The air quality improvement must be
permanent and enforceable	  PAGEREF _Toc358881958 \h  15  

  HYPERLINK \l "_Toc358881959"  E. The area must have a fully approved
maintenance plan under section 175A of the CAA	  PAGEREF _Toc358881959
\h  22  

  HYPERLINK \l "_Toc358881960"  V. SUMMARY AND RECOMMENDATIONS	  PAGEREF
_Toc358881960 \h  32  

  HYPERLINK \l "_Toc358881961"  Appendix A- Projected Emissions and
Control Measure Benefits Summary 2007-2025	  PAGEREF _Toc358881961 \h 
32  

  HYPERLINK \l "_Toc358881962"  Appendix B – New York Control Measure
Description	  PAGEREF _Toc358881962 \h  40  

 

I. INTRODUCTION

This document provides technical review of the New York State’s June
27, 2013 request to redesignate the New York portion of the New
York-N.New Jersey-Long Island, NY-NJ-CT nonattainment area
(“NYNAA”), from nonattainment to attainment for the 1997 annual and
the 2006 24-hour PM2.5 NAAQS. The redesignation submittal includes New
York’s maintenance plan for the areas to ensure continued attainment. 

II. BACKGROUND 

General

On July 18, 1997 (62 FR 36852), the Environmental Protection Agency
(EPA) established the 1997 PM2.5 National Ambient Air Quality Standard
(NAAQS), including an annual standard of 15.0 micrograms per cubic meter
(µg/m3) based on a 3-year average of annual mean PM2.5 concentrations
and a 24-hour (or daily) standard of 65 µg/m3 based on a 3-year average
of the 98th percentile of 24-hour concentrations. On October 17, 2006,
at 71 FR 61144, EPA retained the annual average standard at 15 μg/m3
but revised the 24-hour standard to 35 μg/m3, based again on the
three-year average of the 98th percentile of 24-hour concentrations.  

On January 5, 2005, at 70 FR 944, as supplemented on April 14, 2005, at
70 FR 19844, EPA designated the NY-NJ-CT nonattainment area as
nonattainment for the 1997 PM2.5 air quality standards. In that action,
EPA defined the nonattainment area to include the following ten New York
counties: Bronx, Kings, Nassau, New York, Orange, Queens, Richmond,
Rockland, Suffolk, and Westchester. 

 

On November 13, 2009, at 74 FR 58688, EPA promulgated designations for
the 24-hour standard set in 2006, designating the NY-NJ-CT nonattainment
area as nonattainment for the 2006 24-hour PM2.5 NAAQS. The
nonattainment area boundaries for NY-NJ-CT nonattainment area for the
2006 PM2.5 NAAQS were identical to the boundaries for the 1997 PM2.5
NAAQS, including all tens counties that were previously designated
nonattainment in 2005. The November 13, 2009 action also clarified that
the NY-NJ-CT nonattainment area was classified as
unclassifiable/attainment for the 1997 24-hour PM2.5 NAAQS. EPA did not
promulgate designations for the annual average NAAQS promulgated in 2006
since that NAAQS was essentially identical to the 1997 annual PM2.5
NAAQS.

In the final rulemaking action dated November 10, 2010 (75 FR 69589),
EPA determined, pursuant to CAA section 179(c), that  the entire
NY-NJ-CT nonattainment area had attained the 1997 annual PM2.5 NAAQS,
based upon quality assured, quality controlled, and certified ambient
air monitoring data for the period of 2007-2009.  

EPA finalized, on December 31, 2012 (77 FR 76867), the determination
that the entire NY-NJ-CT nonattainment area had attained the 2006
24-hour PM2.5 NAAQS, based upon quality assured, quality controlled, and
certified ambient air monitoring data that showed that the area had
monitored attainment of the 2006 24-hour PM2.5 NAAQS  for the 2007-2009
and 2008-2010 monitoring periods. 

The 3-year ambient air quality data for the last four 3-year monitoring
periods (2007-2009, 2008-2010, 2009-2011, and 2010-2012)  indicated no
violations for the 1997 annual PM2.5 and 2006 PM2.5 NAAQS.  As a result,
on June 27, 2013, New York requested redesignation of the NYNAA to
attainment for the 1997 annual PM2.5 and 2006 24-hour PM2.5 NAAQS. Under
the CAA, nonattainment areas may be redesignated to attainment if
sufficient, complete, quality-assured data is available for the
Administrator to determine that the area has attained the standard and
the area meets the other CAA redesignation requirements under
107(d)(3)(E).

Clean Air Interstate Rule (CAIR) and Cross State Air Pollution Rule
(CSAPR or the Transport Rule)

On May 12, 2005, EPA published CAIR, which requires significant
reductions in emissions of SO2 and NOx from electric generating units
(EGUs) to limit the interstate transport of these pollutants and the
ozone and PM2.5 they form in the atmosphere.  See 70 FR 25162.  The D.C.
Circuit initially vacated CAIR, North Carolina v. EPA, 531 F.3d 896
(D.C. Cir. 2008), but ultimately remanded the rule to EPA without
vacatur to preserve the environmental benefits provided by CAIR, North
Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). In response to
the D.C. Circuit’s decision, EPA issued the Transport Rule, also known
as CSAPR, to address interstate transport of NOx and SO2 in the eastern
United States.  See 76 FR 48208 (August 8, 2011). 

On December 30, 2011, the D.C. Circuit issued an order addressing the
status of CSAPR and CAIR in response to motions filed by numerous
parties seeking a stay of CSAPR pending judicial review. In that order,
the Court stayed CSAPR pending resolution of the petitions for review of
that rule in EME Homer City Generation, L.P. v. EPA (No. 11-1302 and
consolidated cases). The Court also indicated that EPA was expected to
continue to administer CAIR in the interim until judicial review of
CSAPR was completed.

				

On August 21, 2012, the D.C. Circuit issued a decision to vacate CSAPR. 
In that decision, it also ordered EPA to continue administering CAIR
“pending the promulgation of a valid replacement.”  EME Homer City,
696 F.3d at 38. The D.C. Circuit denied all petitions for rehearing on
January 24, 2013.   

On March 29, 2013, the U.S. Solicitor General petitioned the Supreme
Court to review the D.C. Circuit Court’s decision on CSAPR. On June
24, 2013, the Supreme Court granted the petition to review the decision.
The Supreme Court’s decision to review the case does not alter the
current status of CAIR or CSAPR.

New York’s submittal and EPA modeling demonstrate that the attainment
of the 1997 annual and 2006 24-hour PM2.5 NAAQS will be maintained with
or without the implementation of CAIR or CSAPR. To the extent that
attainment is due to emission reductions associated with CAIR, EPA is
proposing to determine that those reductions are sufficiently permanent
and enforceable for purposes of CAA sections 107(d)(3)(E)(iii) and175A. 

As directed by the D.C. Circuit, CAIR remains in place and enforceable
until EPA promulgates a valid replacement rule to substitute for CAIR.

New York’s SIP revision lists CAIR among the federal trading programs
that have resulted in permanent and enforceable emissions reductions
that have led to attainment of the PM2.5 NAAQS.  New York rules, 6 NYCRR
Parts 243, 244, and 245, effective on October 19, 2007, implement the
CAIR trading program in New York.  CAIR was, thus, in place and
achieving emission reductions when the NY-NJ-CT nonattainment area began
monitoring attainment of the 1997 annual and the 2006 24-hour PM2.5
standards during the 2007–2009 period. The quality assured, certified
monitoring data continues to show the area in attainment with the 1997
and 2006 PM2.5 standards through 2012.

In addition, air quality modeling analysis conducted during the CSAPR
rulemaking process also demonstrated that the counties in the NY-NJ-CT
nonattainment area will have PM2.5 levels below the 1997 annual and 2006
24-hour PM2.5 NAAQS in both 2012 and 2014 without taking into account
emissions reductions from CAIR or CSAPR.  See “Air Quality Modeling
Final Rule Technical Support Document”, App. B, B-18, B-19. This
modeling is also available in the docket for this proposed
redesignation.

III. REQUIREMENTS FOR REDESIGNATION

Under the CAA, designations can be revised if sufficient data is
available to warrant such revisions. Section 107(d)(3)(E) of the CAA
identifies five specific requirements that an area must meet in order to
be redesignated from nonattainment to attainment.

The area must have attained the applicable NAAQS.

The area must meet all applicable requirements under section 110 and
part D of the CAA.

The area must have a fully approved SIP under section 110 (k) of the
CAA.

The air quality improvement must be permanent and enforceable.

The area must have a fully approved maintenance plan pursuant to section
175A of the CAA.

EPA has provided guidance on redesignation in the General Preamble for
the Implementation of title I of the CAA Amendments of 1990 (April
16,1992, 57 FR 13498, and supplemented on April 28, 1992, 57 FR 18070)
and has provided further guidance on processing redesignation requests
in the following documents:

1. ‘‘Procedures for Processing Requests to Redesignate Areas to
Attainment,’’ Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (hereafter referred to as the
‘‘Calcagni Memorandum’’);

2. ‘‘State Implementation Plan (SIP) Actions Submitted in Response
to Clean Air Act (CAA) Deadlines,’’ Memorandum from John Calcagni,
Director, Air Quality Management Division, October 28, 1992; 

3. ‘‘Part D New Source Review (Part D NSR) Requirements for Areas
Requesting Redesignation to Attainment,’’ Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994; and

4. “Implementation Guidance for the 2006 24-hour PM2.5 NAAQS,’’
Memorandum from Stephen  D. Page, Director, Office of Air Quality
Planning and Standards, March 2, 2012.

Withdrawn by EPA on June 6, 2013

IV. EPA’S ANALYSIS OF NEW YORK’S REDESIGNATION REQUEST

New York’s redesignation request was evaluated in accordance with the
redesignation criteria set forth in section 107(d)(3)(E) of the Clean
Air Act.  EPA’s analysis of the effect of the January 4, 2013 D.C.
Circuit Decision Regarding PM2.5 Implementation under Subpart 4 is
discussed fully in the proposed rulemaking.

A. Attainment

For redesignating a nonattainment area to attainment, the CAA requires
EPA to determine that the area has attained the applicable NAAQS (CAA
section 107(d)(3)(E)(i)). In this action for this rulemaking, EPA is
proposing to determine that the NY-NJ-CT nonattainment area is
continuing to attain the 1997 annual and the 2006 24-hour PM2.5 NAAQS.  

1997 annual PM2.5 NAAQS

An area may be considered to be attaining the 1997 annual PM2.5 NAAQS if
it meets the NAAQS as determined in accordance with 40 CFR 50.7 and
Appendix N of part 50, based on three complete, consecutive calendar
years of quality-assured air quality monitoring data. To attain this
standard, the three-year average of annual means must be less than or
equal to 15 μg/m3 at all relevant monitoring sites in the subject area.
The relevant data must be collected and quality-assured in accordance
with 40 CFR part 58 and recorded in the EPA Air Quality System (AQS).
The monitors meet data completeness requirements when “at least 75
percent of the scheduled sampling days for each quarter have valid
data.” The use of less than complete data is subject to the approval
of EPA, which may consider factors such as monitoring site
closures/moves, monitoring diligence, and nearby concentrations in
determining whether to use such data. 

As previously indicated in Section II., EPA has finalized determinations
that the NY-NJ-CT nonattainment area had attained the 1997 annual PM2.5
NAAQS. EPA has also reviewed more recent quality-assured data for the
NY-NJ-CT nonattainment area and found that the NYNAA continued to attain
the 1997 annual PM2.5 NAAQS through 2012. 

Table 1, below, shows the four most recent design values by county (i.e.
3-year average) of annual mean PM2.5 concentrations) for the 2007-2009,
2008-2010, 2009-2011, and 2010-2012 time periods for the 1997 annual
PM2.5 NAAQS for the NY-NJ-CT PM2.5 nonattainment area monitors. Table 2,
below, shows the design value by county  for the 98th percentile 24-hour
PM2.5 concentrations for the 2007-2009, 2008-2010, 2009-2011, and
2010-2012 time periods for the 2006 24-hour PM2.5 NAAQS for the NY-NJ-CT
PM2.5 nonattainment area monitors.

(μg/m3)

[The 1997 annual PM2.5 NAAQS is 15.0 μg/m3]

County	

AQS Monitor  ID	

3-Year design values



2007-2009	2008-2010	2009-2011	2010-2012



NEW YORK

Bronx

Kings

Nassau

New York

Orange

Queens

Richmond

Rockland

Suffolk

Westchester

NEW JERSEY

Bergen

Essex

Hudson

Mercer

Middlesex

Monmouth

Morris

Passaic

Somerset

Union

CONNECTICUT

Fairfield

New Haven

	

36-005-0080/110

36-047-0122

36-059-0008

36-061-0128/0134

36-071-0002

36-081-0124

36-085-0055

NM

36-103-0002

36-119-1002

34-003-0003

34-0013-003

34-017-2002

34-021-0008

34-023-0006

NM

34-027-0004

34-031-0005

NM

34-039-0006/2003

09-001-0010

09-009-1123	

13.9

12.2

10.3

12.1

9.3

10.6

11.6

NM

9.7

10.6

11.3

INC

13.1

10.8

10.4

NM

9.6

11.3

NM

11.6

11.3

11.4

	

12.5

10.8

9.5

12.1

8.5

10.0

10.5

NM

8.9

9.6

9.8

INC

11.6

10.0

8.8

NM

8.7

9.8

NM

10.3

10.0

10.3

	

11.9

10.3

8.9

11.7

8.2

9.4

9.8

NM

8.4

9.1

9.2

INC

11.1

9.7

7.9

NM

8.5

9.3

NM

9.6

9.4

9.6	

9.8

9.9

INC

11.8

8.1

9.1

9.7

NM

8.4

INC

9.2

9.5

11.1

9.5

8.0

NM

8.4

9.3

NM

9.7

9.4

      9.4



INC- Counties listed as INC did not meet 75 percent data completeness
requirement for the relevant time period.

NM- No monitor located in county

Air monitoring data indicates that the NY-NJ-CT nonattainment area
continue to meet the 1997 annual PM2.5 NAAQS. EPA has concluded that
NY-NJ-CT nonattainment area is continuing to attain the 1997 annual
PM2.5 NAAQS. Therefore, the statutory criterion for attainment of the
1997 annual PM2.5 NAAQS (40 CFR 50.7 and Appendix N of part 50) has been
met.

2006 24-hour PM2.5 NAAQS

An area may be considered to be attaining the 2006 24-hour PM2.5 NAAQS
if it meets the NAAQS as determined in accordance with 40 CFR 50.13 and
Appendix N of part 50, based on three complete, consecutive calendar
years of quality-assured air quality monitoring data. To attain this
standard, the 98th percentile 24-hour concentration, as determined in
accordance with 40 CFR part 50, Appendix N, is less than or equal to 35
μg/m3 at all relevant monitoring sites in the subject area over a
3-year period. The relevant data must be collected and quality-assured
in accordance with 40 CFR part 58 and recorded in EPA’s AQS. The
monitors meet data completeness requirements when “at least 75 percent
of the scheduled sampling days for each quarter have valid data.” The
use of less than complete data is subject to the approval of EPA, which
may consider factors such as monitoring site closures/moves, monitoring
diligence, and nearby concentrations in determining whether to use such
data.

EPA previously finalized the determination that the NY-NJ-CT
nonattainment area had attained the 2006 24-hour PM2.5 NAAQS, as noted
in Section II.  The ambient air monitoring data submitted by New York
shows PM2.5 concentrations attaining the 24-hour PM2.5 NAAQS for
2007-2009 and 2008-2010 time periods.  EPA has also reviewed more recent
quality-assured data for the NY-NJ-CT nonattainment area and found that
the NYNAA continued to attain the 2006 24-hour PM2.5 NAAQS through 2012.

Table 2, below, shows the design value by county for the 98th percentile
24-hour PM2.5 concentrations for the 2007-2009, 2008-2010, 2009-2011,
and 2010-2012 time periods for the 2006 24-hour PM2.5 NAAQS for the
NY-NJ-CT PM2.5 nonattainment area monitors.

(μg/m3)

[The 24-hour PM2.5 NAAQS is 35 μg/m3]

County	

AQS Monitor ID	

3-Year design values



2007-2009	2008-2010	2009-2011	2010-2012



NEW YORK

Bronx

Kings

Nassau

New York

Orange

Queens

Richmond

Rockland

Suffolk

Westchester

NEW JERSEY

Bergen

Essex

Hudson

Mercer

Middlesex

Monmouth

Morris

Passaic

Somerset

Union

CONNECTICUT

Fairfield

New Haven

	

36-005-0080/133

36-047-0122

36-059-0008

36-061-0134/0079

36-071-0002

36-081-0124

36-085-0055

NM

36-103-0002

36-119-1002

34-003-0003

34-013-0003

34-017-1003

34-021-0008

34-023-0006

NM

34-027-3001

34-031-0005

NM

34-039-0006

09-001-0010/1123

09-009-0027	

33

30

28

32

26

30

29

NM

26

29

31

INC

32

29

27

NM

26

30

NM

31

31

31

	

29

27

25

29

24

28

26

NM

25

28

28

INC

29

27

23

NM

23

26

NM

27

28

29	

28

25

23

28

23

26

24

NM

23

25

25

INC

28

26

20

NM

23

25

NM

24

26

28	

24

24

INC

26

23

24

24

NM

22

INC

23

23

26

25

19

NM

21

24

NM

24

24

25



NM- No monitor located in county.

INC- All counties listed as INC did not meet 75 percent data
completeness requirement for the relevant time period.

Air monitoring data indicates that the NY-NJ-CT nonattainment area
continues to meet the 2006 24-hour PM2.5 NAAQS. EPA has concluded that
the NY-NJ-CT nonattainment area is continuing to attain the 2006 24-hour
PM2.5 NAAQS. Therefore, the statutory criterion for attainment of the
2006 24-hour PM2.5 NAAQS (40 CFR 50.13 and Appendix N of part 50) has
been met.

B. The area has met all applicable requirements under section 110 and
part D of the CAA

EPA has determined that the NYNAA has met all SIP requirements
applicable for purposes of this redesignation under section 110 of the
CAA (General SIP Requirements) and that, upon final approval of the 2007
attainment year emissions inventory, as discussed below in this proposed
rulemaking, it will have met all applicable SIP requirements under part
D of Title I of the CAA, in accordance with CAA section 107(d)(3)(E)(v).
In addition, EPA has proposed to find that all applicable requirements
of the New York SIP for purposes of redesignation have been approved in
accordance with CAA section 107(d)(3)(E)(ii). 

1.  Section 110 SIP requirements

Section 110(a)(2) of Title I of the CAA delineates the general
requirements for a SIP, which include enforceable emissions limitations
and other control measures, means, or techniques, provisions for the
establishment and operation of appropriate devices necessary to collect
data on ambient air quality, and programs to enforce the limitations.
The general SIP elements and requirements set forth in CAA section
110(a)(2) include, but are not limited to the following: 

- Submittal of a SIP that has been adopted by the state after reasonable
public notice and hearing;

- Provisions for establishment and operation of appropriate procedures
needed to monitor ambient air quality;

- Implementation of a source permit program; provisions for the
implementation of part C requirements (Prevention of Significant
Deterioration (PSD));

- Provisions for the implementation of part D requirements for New
Source Review (NSR) permit programs;

- Provisions for air pollution modeling; and

- Provisions for public and local agency participation in planning and
emission control rule development.

Section 110(a)(2)(D) of the CAA requires that SIPs contain certain
measures to prevent sources in a state from significantly contributing
to air quality problems in another state. To implement this provision,
EPA has required certain states to establish programs to address the
interstate transport of air pollutants in accordance with the NOx SIP
Call, October 27, 1998 (63 FR 57356), amendments to the NOx SIP Call,
May 14, 1999 (64 FR 26298) and March 2, 2000 (65 FR 11222), and CAIR,
May 12, 2005 (70 FR 25162). However, the CAA section 110(a)(2)(D)
requirements for a state are not linked with a particular nonattainment
area’s designation and classification in that state. EPA believes that
the requirements linked with a particular nonattainment area’s
designation and classifications are the relevant measures to evaluate in
reviewing a redesignation request. The transport SIP submittal
requirements, where applicable, continue to apply to a state regardless
of the designation of any one particular area in the state.  Thus, EPA
does not believe that these requirements are applicable requirements for
purposes of redesignation.  

In addition, EPA believes that the other CAA section 110(a)(2) elements
not connected with nonattainment plan submissions and not linked with an
area’s attainment status are not applicable requirements for purposes
of redesignation. The area will still be subject to these requirements
after it is redesignated. EPA concludes that the CAA section 110(a)(2)
and part D requirements which are linked with a particular area’s
designation and classification are the relevant measures to evaluate in
reviewing a redesignation request, and that CAA section 110(a)(2)
elements not linked in the area’s nonattainment status are not
applicable for purposes of redesignation. This approach is consistent
with EPA’s existing policy on applicability of conformity (i.e., for
redesignations) and oxygenated fuels requirement.  See Reading,
Pennsylvania, proposed and final rulemakings (61 FR 53174, October 10,
1996), (62 FR 24826, May 7, 1997); Cleveland-Akron-Lorain, Ohio final
rulemaking (61 FR 20458, May 7, 1996); and Tampa, Florida final
rulemaking (60 FR 62748, December 7, 1995).  See also the discussion on
this issue in the Cincinnati, Ohio redesignation (65 FR at 37890, June
19, 2000) and in the Pittsburgh, Pennsylvania redesignation (66 FR at
53099, October 19, 2001). 

New York submitted Section 110 ‘‘infrastructure SIPs’’ required
under CAA section 110(a)(2) to EPA for the 1997 PM2.5 NAAQS (dated
October 2, 2008) and 2006 PM2.5 NAAQS (dated March 15, 2010).   EPA has
reviewed the New York SIP and has concluded that it meets the general
SIP requirements under section 110(a)(2) of the CAA to the extent they
are applicable for purposes for redesignating the NYNAA to attainment
for the 1997 annual PM2.5 NAAQS, and the 2006 24-hour PM2.5 NAAQS. EPA
took final action approving New York’s infrastructure SIP submittals
on June 20, 2013 (78 FR 37122).  The requirements under section
110(a)(2) of the CAA are, however, statewide requirements that are not
linked to the PM2.5 nonattainment status of the NYNAA. Therefore, EPA
believes that these SIP elements are not applicable requirements for
purposes of review of New York’s PM2.5 redesignation request.

 2. Title I, part D nonattainment requirements 

Subpart 1 of part D of Title I of the CAA sets forth the basic
nonattainment requirements applicable to all nonattainment areas. All
areas that were designated nonattainment for the 1997 and 2006 PM2.5
NAAQS were designated under this subpart of the CAA, and the
requirements applicable to them are contained in sections 172 and 176.  

Section 172 Requirements

Under CAA section 172, states with nonattainment areas must submit plans
providing for timely attainment and meet a variety of other
requirements. As mentioned, EPA has finalized determinations that the
NY-NJ-CT nonattainment area had attained the 1997 annual and 2006
24-hour PM2.5 NAAQS.

New York’s obligation to submit an attainment demonstration,
RACT/RACM, RFP, contingency measures, and other planning SIPs related to
the attainment of the PM2.5 NAAQS has been suspended due to EPA’s
determination that the NY-NJ-CT nonattainment area has attained the 1997
annual and 2006 24-hour PM2.5 NAAQS. New York submitted a SIP revision
(PM2.5 attainment plan) for attaining the 1997 annual PM2.5 NAAQS on
October 27, 2009.  The requirements to submit PM2.5 attainment plans
were suspended as a result of the determination of attainment and it was
not necessary for New York to submit a plan for the 2006 24-hour PM2.5
NAAQS. The only remaining requirement to be considered after the
determination of attainment is the emission inventory required under CAA
section 172(c)(3).

The General Preamble for Implementation of Title I also discusses the
evaluation of these requirements in the context of EPA’s consideration
of a redesignation request. The General Preamble sets forth EPA’s view
of applicable requirements for purposes of evaluating redesignation
requests when an area is attaining the standard.  See General Preamble
for Implementation of Title I (57 FR 13498, April 16, 1992).

A component of the attainment plan specified under section 172(c)(1) is
the requirement to provide for the “implementation of all reasonably
available control measures as expeditiously as practicable “(RACM).
Since RACM is an element of the attainment demonstration, see General
Preamble (57 FR 13560), for the same reason the attainment demonstration
no longer applies by its own terms, RACM also no longer applies to areas
that EPA has determined have clean air.  Furthermore, EPA has
consistently interpreted this provision to require only implementation
of such potential RACM measures that could advance attainment. Thus
where an area is already attaining the standard, no additional RACM
measures are required. EPA’s interpretation that the statute requires
only implementation of the RACM measures that would advance attainment
was upheld by the United States Court of Appeals for the Fifth Circuit
(Sierra Club v. EPA, 314 F. 3d 735, 743-745, 5th Cir, 2002) and by the
United States Court of Appeals for the D.C. Circuit (Sierra Club v. EPA,
294 F. 3d 155, 162-163, D.C. Cir.2002). 

Because attainment has been reached for the NY-NJ-CT nonattainment area,
no additional measures are needed to provide for attainment. CAA section
172(c)(1) requirements for an attainment demonstration and RACT/RACM are
no longer considered to be applicable requirements for as long as the
area continues to attain the standard until redesignation. See 40 CFR
51.1004(c). 

The RFP requirement under CAA section 172(c)(2) is similarly not
relevant for purposes of redesignation. CAA section 172(c)(2) provides
that state implementation plan (SIP) provisions in nonattainment areas
must require “reasonable further progress.” The term “reasonable
further progress” is defined in section 171(1) as “such annual
incremental reductions in emissions of the relevant air pollutant as are
required by this part or may reasonably be required by the Administrator
for the purpose of ensuring attainment of the applicable NAAQS by the
applicable date.”  Thus, by definition, the “reasonable further
progress” provision under requires only such reductions in emissions
as are necessary to attain the NAAQS.  If an area has attained the
NAAQS, the purpose of the RFP requirement has been fulfilled, and since
the area has already attained, showing that the State will make RFP
towards attainment “[has] no meaning at that point.”  General
Preamble, 57 FR 13498, 13564 (April 16, 1992).

Section 172(c)(3) requires submission and  approval of a comprehensive,
accurate, and current inventory of actual emissions. As part of the
maintenance plan submitted by New York on June 27, 2013, the State has
submitted an attainment year inventory that meets this requirement. For
purposes of the PM2.5 NAAQS, the emissions inventory should address not
only direct emissions of PM2.5, but also emissions of all precursors
with the potential to participate in PM2.5 formation, i.e., SO2, NOX,
VOC and ammonia (NH3). The 2007 attainment year emissions inventory
submitted by New York in the June 27, 2013 submission addressed PM2.5,
SO2, and NOx, VOC and NH3 emissions.

The emissions cover the general source categories of point sources, area
sources, onroad sources and nonroad sources.  The proposed approval of
the 2007 attainment year emissions inventory in this rulemaking action
will, when finalized, meet the requirements of CAA section 172(c)(3).

EPA’s detailed evaluation of the base year inventories for all
pollutants are addressed in section VII.E.2.(a), Attainment Emissions
Inventory, of the proposed rulemaking, and the additional Technical
Support document entitled, SECTION  1, 2007 Base Year Inventory SIP for
the New York Metropolitan 10-County PM2.5 Nonattainment Area, Technical
Support Documentation

Section 172(c)(4) of the CAA requires the identification and
quantification of allowable emissions for major new and modified
stationary sources in an area, and CAA section 172(c)(5) requires source
permits for the construction and operation of new and modified major
stationary sources anywhere in the nonattainment area. EPA has
determined that, since the PSD requirements will apply after
redesignation, areas being redesignated need not comply with the
requirement that a nonattainment New Source Review (NSR) program be
approved prior to redesignation, provided that the area demonstrates
maintenance of the NAAQS without part D NSR. A more detailed rationale
for this view is described in the memorandum from Mary Nichols,
Assistant Administrator for Air and Radiation, dated October 14, 1994
entitled, “Part D New Source Review Requirements for Areas Requesting
Redesignation to Attainment.”  New York’s approved PSD program will
become effective in the NYNAA area upon redesignation to attainment.

Section 172(c)(6) requires the SIP to contain control measures necessary
to provide for attainment of the standard. Because attainment has been
reached in the NY-NJ-CT nonattainment area, no additional control
measures are needed to provide for attainment.  

Section 172(c)(7) requires the SIP to meet the applicable provisions of
section 110(a)(2). As noted above, EPA believes the New York SIP meets
the requirements of section 110(a)(2) applicable for purposes of
redesignation.

CAA section 172(c)(9) provides that SIPs in nonattainment areas “shall
provide for the implementation of specific measures to be undertaken if
the area fails to make reasonable further progress, or to attain the
[NAAQS] by the attainment date applicable under this part. Such measures
shall be included in the plan revision as contingency measures to take
effect in any such case without further action by the State or [EPA].”
 This contingency measure requirement is inextricably tied to the
reasonable further progress and attainment demonstration requirements.
Because attainment has been reached for the 1997 annual and the 2006
24-hour PM2.5 NAAQS, contingency measures are not applicable for
redesignation.  

Section 176 conformity requirements

Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that federally supported or funded projects conform
to the air quality planning goals in the applicable SIP. The requirement
to determine transportation conformity applies to transportation plans,
programs and projects that are developed, funded or approved under Title
23 of the United States Code (U.S.C.) and the Federal Transit Act. The
requirement to determine general conformity applies to all other
federally supported or funded projects. State transportation conformity
SIP revisions must be consistent with Federal transportation conformity
regulations relating to consultation, enforcement and enforceability
that EPA promulgated pursuant to its authority under the CAA.

EPA interprets the conformity SIP requirements as not applying for
purposes of evaluating a redesignation request under section 107(d)
because state conformity rules are still required after redesignation
and Federal conformity rules apply where state rules have not been
approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) (upholding this
interpretation); see also 60 FR 62748 (December 7, 1995) (redesignation
of Tampa, Florida).  

C. Fully approved SIP under 110(k) of the CAA

 Section 107(d)(3)(E)(ii) of the CAA requires that for an area to be
redesignated the Administrator has fully approved the applicable
implementation plan for the area under section 110(k).  

Upon final approval of New York’s 2007 attainment year emissions
inventory, EPA will have fully approved the SIPs for the NYNAA for the
1997 annual and 2006 24-hour PM2.5 NAAQS under section 110(k) for all
requirements applicable for purposes of redesignation.

EPA is proposing to approve the 2007 attainment year emissions inventory
(submitted as part of its maintenance plan) for the NYNAA nonattainment
area as meeting the requirement of section 172(c)(3) of the CAA for the
1997 annual and 2006 PM2.5 NAAQS.  Therefore, New York will have
satisfied all applicable requirements under part D of Title I of the
CAA.

 D. The air quality improvement must be permanent and enforceable

The improvement in air quality must be due to permanent and enforceable
reductions in emissions resulting from implementation of the SIP and
applicable federal air pollution control regulations and other permanent
and enforceable reductions (CAA section 107(d)(3)(E)(iii)).  EPA
proposes to determine that the air quality improvement in the NYNAA is
due to permanent and enforceable reductions in emissions resulting from
implementation of the SIP, federal measures, and other state adopted
measures.

As indicated in the proposal, the NY-NJ-CT nonattainment area has come
into attainment with the 1997 annual and the 2006 24-hour PM2.5 NAAQS
beginning with the 2007-2009 time period.  The area has remained in
attainment and the air quality has improved. The PM2.5 maximum and
average concentrations for NYNAA monitors shows a downward trend over
the past decade.  

Figure 1 below shows generally decreasing 1997 annual maximum
concentrations for the NY-NJ-CT nonattainment area beginning in 2001 and
continuing through 2010.

Figure   SEQ Figure \* ARABIC  1  

Figure 2 shows generally decreasing 2006 24-hour maximum concentrations
for the NY-NJ-CT nonattainment area beginning in 2001 and continuing
through 2010.

 

Figure 3 shows the downtrend of average 1997 annual design values for
the NY-NJ-CT nonattainment area 

Figure   SEQ Figure \* ARABIC  3  

Figure 4 shows the downtrend of average 2006 24-hour design values for
the NY-NJ-CT nonattainment area 

Figure   SEQ Figure \* ARABIC  4  

New York’s maximum design values in the NY-NJ-CT nonattainment area
have not exceeded the annual NAAQS since 2007, New Jersey’s maximum
design values have not exceeded the annual NAAQS since 2006, and
Connecticut’s maximum design value has not exceeded the annual NAAQS
since 2003.  For the 2006 24-hour PM2.5 NAAQS, New York’s and New
Jersey’s maximum design values have not exceeded the NAAQS since 2008,
and Connecticut’s maximum design value has not exceeded the NAAQS
since 2007. Table 3 below shows the decreasing maximum design values for
each state in the nonattainment area as a percentage of the NAAQS

Table 3 Maximum Design Values

The improvement in air quality can be attributable to the federal and
SIP approved state control measures that provide for PM2.5, and PM2.5
precursors emission reductions from 2002 through PM2.5 NAAQS attainment
beginning in 2007-2009 (see Table 4). The tables below also indicate the
maintenance plan measures with quantifiable emission reductions that New
York is relying on to demonstrate maintenance. 

   

Table 4 - List of Post-2002 New York Control Measures for PM2.5 and
Precursors 

Name of Control  Measure	Type of measure	Targeted Pollutants	Maintenance
Plan Measure	State Citation



NOx	PM2.5	SO2	VOC	NH3



Architectural and Industrial Maintenance Coatings	State



X

	6 NYCRR 205

Reasonably Available Control Technology for Major Facilities	State	X

	X

	6 NYCRR 212.10

Solvent Metal Cleaning Process	State



X

	6 NYCRR 226

Reasonably Available Control Technology for Major Facilities of Oxides
of Nitrogen	State	X



	X	6 NYCRR 227-2

Portland Cement Plants	State	X





6 NYCRR 220-1

Glass Plants	State	X





6 NYCRR 220-2

Surface Coating Processes, Commercial and Industrial Adhesives, Sealants
and Primers	State



X

X	6 NYCRR 228

Graphic Arts	State



X

	6 NYCRR 234

Portable Fuel Container Spillage Control	State



X

X	6 NYCRR 239

New York I/M Program	State	X

	X

X	6 NYCRR 217

Residential Woodstove NSPS	Federal rule	X	X

X

X

	CAIR	Federal rule	X

X





Federal Tier 2 Gasoline Sulfur Program	Federal rule

	X

	X

	Federal Clean Diesel Program	Federal rule	X	X	X	X

X

	Control of Emissions from Nonroad Large Sparking Engines, and
Recreational Engines (Marine and Land-based)	Federal rule	X	X

X

X

	Control of Emissions of Air Pollution from  Nonroad Diesel Engines and
Fuel	Federal rule	X	X	X

	X

	

Table 5 shows federal and state post 2007-2009 maintenance plan measures
with creditable emissions reductions, including measures that have been
adopted, but not yet implemented, that New York is relying on to
demonstrate maintenance. 

Table 5-List of 2007-2009 New York Maintenance Plan Control Measures for
PM2.5 and Precursors

Name of Control Measure	Type of Measure	Targeted Pollutants	Maintenance
Plan Measure	State Citation



NOx	PM2.5	SO2	VOC	NH3



EGU- Oil	State	X

X	X

X	6 NYCRR Part 227

EGU- Gas	State	X

	X

X	6 NYCRR Part 227 and 228

Low Sulfur Distillate and Residual Fuel Strategies	State

X	X

	X	6 NYCRR Parts 225

Asphalt	State



X

X	6 NYCRR Part 241

Consumer Products	State



X

X	6 NYCRR Parts 231

Oil Combustion Sources	State



X

X	6 NYCRR Parts 227

Natural Gas Combustion	State



X

X	6 NYCRR Parts 227

New York Combustion Regulation	State	X	X	X

	X	6 NYCRR Parts 227

New York Low Emission Vehicle Program (LEV II)	State	X	X

X

X	6 NYCRR Part 218

Heavy Duty Highway Rule- Vehicle Standards and Diesel Fuel Sulfur Co
Federal Rule	X	X	X	X

X

	Nonroad Diesel Engines	Federal Rule	X	X

X

X

	Locomotive Engines and Marine Compression-Ignition Engines Less than 30
Liters per Cylinder	Federal Rule	X	X

X

X

	Phase 2 Standards for Non-Road Spark Ignition Non-handheld Engines at
or below 19 kW	Federal Rule	X

	X

X

	Phase 2 Standards  for Small Spark Ignition Handheld Engines at or
below 19 kW	Federal Rule	X

	X

X

	Recreational Vehicles (includes snowmobiles, off-highway motorcycles,
and all-terrain vehicles)	Federal Rule	X

	X

X

	Gasoline Boats and personal watercraft, outboard engines	Federal Rule	X
X

X

X

	

New York’s submittal also included additional measures to provide
additional assurance that New York’s air quality will continue to
comply with the 1997 annual and 2006 24-hour PM2.5 NAAQS.  Those
measures are listed in Table 6 below.

Table 6-List of Additional New York Control Measures (Non-quantifiable)
for PM2.5 and Precursors

Name of Control Measure	Type of Measure	Targeted Pollutants	State
Citation



NOx	PM2.5	SO2	VOC	NH3

	Heavy Duty Diesel Vehicle Defeat Device Settlement	Federal Settlement	X





	Diesel Idling Rule Amendments	State	X	X



6 NYCRR Part 217

New York Low Emission Vehicle Program (LEV III)	State	X	X



6 NYCRR Part 218

Personal Watercraft	State	X	X



6 NYCRR Part 210

Hot Mix Asphalt Production Plants	State	X



	6 NYCRR Part 212.12

Best Available Retrofit Technology (BART)	State	X	X	X

	6 NYCRR Part 249

Ultra Low Sulfur Heating Oil	State

	X

	ECL 19-0325



A control measures benefits summary showing projected emission
reductions through 2025 is included in Appendix A, Projected Emissions
and Control Measure Benefits Summary 2007-2025. A description of New
York’s control measures can be found in the New York’s redesignation
request and maintenance plan submittal, New York’s October 27, 2009
PM2.5 Attainment Plan SIP submittal, Sections 5.5 and 6, which is
included in Appendix B of this TSD, and/or in the Federal or New York
state rules referenced.

New York has demonstrated that actual enforceable emission reductions
are responsible for the air quality improvement. EPA proposes to find
that the combination of existing EPA-approved SIP and Federal measures
contribute to the permanence and enforceability of reduction in ambient
PM2.5 levels that have allowed New York to attain the 1997 PM2.5 and
2006 PM2.5 NAAQS.

E. The area must have a fully approved maintenance plan under section
175A of the CAA

For redesignating a nonattainment area to attainment, the CAA requires
EPA to determine that the area has a fully approved maintenance plan
pursuant to section 175A of the CAA (CAA section 107(d)(3)(E)(iv)). In
conjunction with its request to redesignate NYNAA from nonattainment
area to attainment for the 1997annual PM2.5 NAAQS and the 2006 24-hour
PM2.5 NAAQS, New York submitted a SIP revision to provide for
maintenance for at least 10 years after the effective date of
redesignation to attainment. EPA believes this maintenance plan meets
the requirements for approval under section 175A of the CAA.

1.  What is required in a maintenance plan?

Section 175A of the CAA sets forth the elements of a maintenance plan
for areas seeking redesignation from nonattainment to attainment. Under
section 175A, the plan must demonstrate continued attainment of the
applicable NAAQS for at least 10 years after the Administrator approves
a redesignation to attainment. Eight years after the redesignation, the
State must submit a revised maintenance plan which demonstrates that
attainment will continue to be maintained for the 10 years following the
initial 10-year period. To address the possibility of future NAAQS
violations, the maintenance plan must contain contingency measures as
EPA deems necessary to assure prompt correction of any future PM2.5
violations. The Calcagni Memorandum, dated September 4, 1992, provides
further guidance on the content of a maintenance plan, explaining that a
maintenance plan should address five requirements: (1) An attainment
emissions inventory; (2) a maintenance demonstration showing maintenance
for 10 years; (3) a commitment to maintain the existing monitoring
network; (4) verification of continued attainment; and (5) a contingency
plan to prevent or correct future violations. As is discussed more fully
below, EPA proposes to find that the New York maintenance plan includes
all the necessary components and is thus proposing to approve it as a
revision to the New York SIP.

2.  Analysis of the maintenance plan

The maintenance demonstration must demonstrate effective safeguards of
the NAAQS for at least 10 years following the redesignation showing that
future PM2.5 and precursor emissions will not exceed the level of the
attainment year.

States are required to submit the following inventory elements to
satisfy the redesignation/ maintenance plan inventory requirements:

Maintenance Plan Attainment Inventory. Maintenance plan provisions
include a comprehensive, accurate, and current emissions inventory from
all point, area, nonroad and onroad mobile sources for the PM2.5
nonattainment area. States are required to develop an attainment
inventory to identify the level of emissions in the area that is
sufficient to attain the NAAQS. This inventory should include the
emissions during the time period associated with the monitoring data
showing attainment.

Maintenance Plan Interim Year Inventory. At a minimum, emissions should
be projected to a midpoint year between the attainment year and the
endpoint/10-year inventory. This inventory provides a summary of
controlled emissions for point, area, nonroad and onroad mobile sources
for the PM2.5 nonattainment area for the interim year inventory.

Maintenance Plan Projected Final Year Inventory. Emissions should be
projected from the attainment year to at least 10 years into the future.
 This inventory provides a summary of controlled emissions for point,
area, nonroad and onroad mobile sources at the endpoint/10-year period.

For the NYNAA nonattainment area, 2007 emissions were projected to 2017
and 2025. New York must demonstrate, with the control programs
identified in this SIP, that total 2017 or 2025 projected emissions do
not exceed the 2007 emission levels. 

EPA’s detailed evaluation of the 2007 Attainment and 2017 and 2025
Projection Inventories, including evaluating the effect of the D.C.
Circuit’s remand of EPA’s implementation rule on the maintenance
plan, are addressed in Section VI.E.2.(a)-(c) of the proposed
rulemaking, and the document, Section 2, 2007 Attainment and 2017 and
2025 Projection Inventories for the New York Metropolitan 10-County
PM2.5 Nonattainment Areas  PM2.5 Redesignation Full Maintenance Plan
SIP, Technical Support Document, and the document Section 3, Emission
Inventory Requirements for the NYC 10-County PM2.5 Nonattainment Area
PM2.5 Redesignation/Full Maintenance Plan Demonstration Checklist.

Maintenance Demonstration Thru 2025

CAA section 175A requires a state seeking redesignation to attainment to
submit a SIP revision to provide for the maintenance of the NAAQS in the
area “for at least 10 years after the redesignation.”  EPA has
interpreted this as a showing of maintenance “for a period of 10 years
following redesignation.”  See Calcagni Memorandum. Where the
emissions inventory method of showing maintenance is used, its purpose
is to show that emissions during the maintenance period will not
increase over the attainment year inventory.  See Calcagni Memorandum.

As discussed in detail in the proposed rulemaking and in the documents
referenced above (i.e. Section 2 and Section 3), the State’s
maintenance plan submission expressly documents that the NYNAA emissions
inventories will remain below the attainment year inventories through at
least 2025. 

As explained in the proposal, levels of all PM2.5 precursors are
projected to decrease substantially between 2007 and 2025.  EPA believes
that it is highly improbable that sudden increases would occur that
could exceed the attainment year inventory levels in 2025.

 μg/m3 or more, indicating a margin of safety in the event of any
emissions increase. As shown in Table 1, for the 1997 annual NAAQS of 15
μg/m3, the 2010-2012 for the NY-NJ-CT PM2.5 nonattainment area value
was 11.8 μg /m3.  As shown in Table 2, for the 2006 PM2.5 NAAQS of 35
μg /m3, the design value for 2010-2012 for the NY-NJ-CT PM2.5
nonattainment area was 26 μg /m3.

Air quality concentrations showed a significant downward trend over time
for the NY-NJ-CT PM2.5 nonattainment area for both the 1997 and 2006
PM2.5 NAAQS.  Figures 1-4 in Section IV.D show the declining trend in
design value maximums and average arithmetic mean design values for both
the 1997 annual and 2006 24-hour NAAQS.

Additional emissions reductions will occur now, and in the future, from
EPA’s Mercury and Air Toxics Standards (MATS).

Federal Mercury and Air Toxics Standards

On December 16, 2011, the EPA promulgated the MATS to reduce emissions
of toxic pollutants from power plants.  MATS was updated on March 28,
2013. The rule includes emission limits for mercury, particulate matter,
SO2, acid gases and certain individual metals.

EPA estimates that there are approximately 1,400 units affected by this
action, which includes approximately 1,100 existing coal-fired units and
300 oil fired units at about 600 power plants.  There are 73 facilities
in New Jersey, Pennsylvania, Delaware, New York and Connecticut that
could potentially be affected by the MATS.  

Monitoring Network

New York has committed to tracking the air quality for continued
attainment of the PM2.5 NAAQS, and will work with EPA prior to making
any changes to the existing PM2.5 air monitoring network. 

  

The State is obligated to work with EPA each year through the air
monitoring network review process, as required by 40 CFR part 58 to
determine: 1) the adequacy of the PM2.5 monitoring network; 2) if
additional monitoring is needed; and 3) if/when sites can be
discontinued or relocated.  Any changes to the monitoring network,
including replacing or moving monitor(s) to new locations, as necessary,
will be made through the air monitoring network review process. This
review process undergoes a public comment period, and is subject to
approval by the EPA. Air monitoring data will continue to be quality
assured according to requirements in 40 CFR 58. 

Copies of EPA’s air monitoring network approval letters for New York
can be found in the technical support documents for the determinations
of attainment for the NY-NJ-CT nonattainment area, which is included in
the docket of this rulemaking.

EPA has proposed to conclude that the New York has met the requirement
for continuing to operate an appropriate air monitoring network.

Verification of continued attainment

Continued attainment of the PM2.5 NAAQS in the state depends, in part,
on the state's efforts towards tracking indicators of continued
attainment during the maintenance period. New York’s plan for
verifying continued attainment of the 1997 and 2006 PM2.5 standards
consists of continued operation of New York’s PM2.5 air monitoring
network in accordance with the requirements of 40 CFR part 58.  New York
will also verify continued attainment by determining whether emission
levels from New York’s emission inventory, which is developed every
three years, are adequate. 

EPA proposes to approve New York’s plans for verifying continued
attainment of the PM2.5 NAAQS.

Contingency measures in the attainment plan

Section 175A of the CAA requires that a maintenance plan include such
contingency provisions as EPA deems necessary to ensure that the state
will promptly correct a violation of the NAAQS that occurs after
redesignation. The maintenance plan should identify the contingency
measures to be adopted, a schedule and procedure for adoption and
implementation of the contingency measures, and a time limit for action
by the state.  The state should also identify specific indicators to be
used to determine when the contingency measures need to be adopted and
implemented.  The maintenance plan must include a requirement that the
state will implement all measures with respect to control of the
pollutant(s) that were contained in the SIP before redesignation of the
area to attainment.  See section 175A(d) of the CAA.

As required by 175A of the CAA, New York has included contingency
provisions in the maintenance plan to address possible future PM2.5 air
quality problems. However, instead of providing a specific schedule and
procedure for the adoption and implementation of contingency measures,
New York has identified the list of measures that are currently being
pursued by the State, which will be adopted once the New York’s
rulemaking process has been concluded.  New York expects these rules to
be adopted within the next few years.  These measures include the
following:

New NOx and PM control limits on distributed generation sources that are
not already subject to state or federal limits (6 NYCRR Part 222-
Distributed Generation)

Additional VOC emission reductions from gasoline dispensing facilities
and gasoline transport vehicles (Revisions to 6 NYCRR Part 230- Gasoline
Dispensing Sites and Transport Vehicles)

New York has also identified two recently adopted rules as contingency
measures: Revisions to 6 NYCRR Part 225- Fuel Composition and Use
(adopted April 5, 2013) , and Revisions to 6 NYCRR Part 228- Surface
Coating Processes, Commercial and Industrial Adhesives, Sealants, and
Primers (adopted June 5, 2013) .  Although New York included these
measures in the list of control measures that the State was relying on
to demonstrate maintenance (see Section VI.D. for the list of identified
maintenance control measures), and while EPA supports the adoption and
implementation of these rules to reduce PM2.5 emissions, EPA is
proposing that these two measures do not qualify as contingency measures
since they have already been adopted and used for maintenance. 
Regardless, EPA notes that PM2.5 levels are sufficiently below the NAAQS
indicating a sufficient margin of safety in the event of emissions
increase.  2010-2012 design values are below the NAAQS by more than 3
μg/m3 for both the 1997 annual and 2006 24-hour PM2.5 NAAQS.  Tables 1
and 2 and Figures 1-4 show the design values and design value trends for
the NY-NJ-CT PM2.5 nonattainment area.  EPA proposes that it is unlikely
that New York will violate the PM2.5 NAAQS, as design values in all
counties in the NY-NJ-CT nonattainment area are well below the NAAQS,
and continue to decrease.

New York has affirmed that all control measures in the maintenance plan
have been implemented, or adopted with future implementation dates.  New
York has also noted in their submittal that the control measures that
have led to expeditious attainment of the annual and 24-hour PM2.5 NAAQS
are SIP implemented measures that cannot be repealed or relaxed without
equivalent reductions from other sources(s) (e.g. CAA section 110
anti-backsliding provisions).

μg/m3 for the 1997 annual NAAQS, and 32.0 ug/m3 for the 24-hour 2006
NAAQS.  The “modeled differential” between the modeled design values
and the PM2.5 NAAQS indicates that there are excess emission reductions
available for contingency based on EPA CSAPR modeling.

EPA proposes to find that New York’s maintenance plan includes
appropriate contingency measures to promptly correct any violation of
the NAAQS that occurs after redesignation.

V. SUMMARY AND RECOMMENDATIONS

EPA has proposed to approve New York’s request to redesignate the
NYNAA from nonattainment to attainment for the 1997 annual and the 2006
24-hour PM2.5 NAAQS.

EPA has determined that the NYNAA meets the requirements for
redesignation under 107(d)(3)(E) of the CAA.  Specifically, EPA has
determined that the areas have:  (1) attained the applicable NAAQS; (2)
met all applicable requirements under section 110 and part D of the CAA;
(3) a fully approved SIP under section 110 (k) of the CAA; (4) permanent
and enforceable air quality improvement; (5) and a fully approved
maintenance plan that provides for continued maintenance of the 1997
annual and the 2006 24-hour PM2.5 NAAQS.



Appendix A, Projected Emission Reductions from New Control Strategies

SCC	2007 (tons)	2017 Growth& Control (tons)	2025 Growth

& Control (tons)	SCC Category



Part 228 ‐ VOC- Surface Coating Processes, Commercial and Industrial
Adhesives, Sealants and Primers

2401005000	3.54	3.72	3.87	Surface Coating /Auto Refinishing /Total: All
Solvent Types

2461200000	3,129.49	3,283.77	3,397.51	Misc Non‐industrial: Commercial
/Adhesives & Sealants /Total: All Solvent T

2440020000	2,268.73	640.89	528.93

‐ VOC- Asphalt Pavement and Asphalt Based Surface Coating

2401008000	130.12	130.12	130.12	Surface Coating /Traffic Markings
/Total: All Solvent Types



ECL 19‐0325-Ultra Low Sulfur Heating Oil ‐ PM2.5

2101004000	0.05	0.06	0.06	Stationary Fuel Comb /Electric Utility
/Distillate Oil /Total: Boilers…

2102004000	17.66	14.80	14.37	Stationary Fuel Comb /Industrial
/Distillate Oil /Total: Boilers and IC Eng



2103004001	330.35

	234.08	216.00	Stationary Fuel Comb /Commercial/Institutional
/Distillate Oil /Total: Boil

2103004002	506.28	358.75	331.04	Stationary Fuel Comb
/Commercial/Institutional /Distillate Oil /Total: Boil



2104004000	848.86	671.97	584.85	Stationary Fuel Comb /Residential
/Distillate Oil /Total: All Combustor Typ

TOTAL	1,703.20	1,279.65	1,146.32



	Ultra Low Sulfur-Heating Oil‐ PM10

2101004000	2.01	2.31	2.36	Stationary Fuel Comb /Electric Utility
/Distillate Oil /Total: Boilers…

2102004000	73.60	61.66	59.89	Stationary Fuel Comb /Industrial
/Distillate Oil /Total: Boilers and IC Eng

2103004001	428.93	303.94	280.46	Stationary Fuel Comb
/Commercial/Institutional /Distillate Oil /Total: Boil

2103004002	506.28	358.75	331.04	Stationary Fuel Comb
/Commercial/Institutional /Distillate Oil /Total: Boil

2104004000	1,102.18	872.50	759.38	Stationary Fuel Comb /Residential
/Distillate Oil /Total: All Combustor…

TOTAL	2,112.99	1,599.15	1,433.13

	



Appendix B –Control Measures Descriptions

CONTROL MEASURES DESCRIPTIONS	

This chapter discusses the particulate matter related control measures
implemented, or expected to be implemented in New York, in the
Northeast/Mid-Atlantic Regions, and nationally.  This appendix focuses
on those measures designed to decrease PM2.5, NOx, SO2, VOC, and NH3 or
a combination of these pollutants.  This section provides additional
details on the control measures discussed in the proposal and New
York’s submittal.  Included are State and Federal measures relied on
to demonstrate maintenance.

State Measures

Architectural and Industrial Maintenance (AIM) Coating:

6 NYCRR Part 205 (latest revision effective 1/1/05): Sets limits on the
VOC content of materials defined as architectural coatings and
industrial maintenance coatings.

Reasonably Available Control Technology for Major Facilities:

6 NYCRR Section 212.10 (latest revision effective 9/22/94): Measure
which continues to achieve emission reductions as it requires major
stationary sources to apply RACT to all emission points of NOx and VOC.

Solvent Metal Cleaning Processes:

6 NYCRR Part 226 (latest revision effective 5/7/03): This RACT
regulation sets guidelines and operating requirements for the cleaning
of metal surfaces by VOC-containing substances.

Reasonably Available Control Technology (RACT) for Major Facilities of
Oxides of Nitrogen (NOx):

6 NYCRR Subpart 227-2 (previous revision effective 2/11/04): Updated the
existing subpart 227-2, which contains NOx emission limits for boilers
of various sizes and combustion turbines, with additional/more stringent
NOx limits.

Vehicle Inspection and Maintenance Program (I/M):

Enhanced I/M program which has reduced mobile source emissions through
the following actions:

Enhanced Motor Vehicle Inspection/Maintenance Program (March 1996);

New York Vehicle Inspection Program – NYVIP (March 2006);

New York Metropolitan Area Enhanced I/M Program (June 2009).

State Measures: NOx

Hot Mix Asphalt Production Plants:  

6 NYCRR Section 212.12: Introduced requirements for annual burner
tune-ups on asphalt plant burners and stockpile moisture control in an
effort to reduce the amount of fuel burned and the ensuing NOx
emissions. These requirements were effective in 2011. The regulation
also requires an analysis of low-NOx burner technology for future burner
replacements at existing plants, and requires new plants to have low-NOx
burners installed (effective 9/30/2010).

Portland Cement Plants:

6 NYCRR Subpart 220-1: Requires an updated RACT analysis at portland
cement plants (currently two exist in NY). Equipment deemed as RACT was
required to be operating by July 1,

2012 (revised; effective 7/11/2010).

Glass Plants:

6 NYCRR Subpart 220-2: Requires a RACT analysis from glass plants
(currently four affected in NY). Equipment deemed as RACT was required
to be operating by July 1, 2012 (revised; effective 7/11/2010).

Reasonably Available Control Technology (RACT) for Major Facilities of
Oxides of Nitrogen (NOx):

6 NYCRR Subpart 227-2: Updates the presumptive NOx RACT emission limits
for boilers and combustion engines, with a compliance date of July 1,
2014. Also includes a requirement for case-by-case RACT analyses for
combined cycle/cogeneration combustion turbines. (revised; effective
7/8/2010)

State Measures: VOC

Surface Coating Processes, Commercial and Industrial Adhesives, Sealants
and Primers: 

6 NYCRR Part 228: Achieves VOC reductions through two basic components:
sale and manufacture restrictions that limit the VOC content of
specified adhesives, sealants and primers sold in New York State; and
use restrictions that apply primarily to commercial/industrial
applications (revised; effective 9/30/2010).

Graphic Arts:

6 NYCRR Part 234: Expands the current regulation's applicability to
include letterpress printing and establishes more stringent RACT for
VOCs for facilities that engage in flexographic, offset lithographic and
rotogravure printing (revised; effective 7/8/2010).

Consumer Products: 

6 NYCRR Part 235: Existing regulation was updated to implement
additional VOC product content limits (revised; effective 10/15/2009).

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6 NYCRR Part 239: Existing regulation was revised with the following
changes: eliminate existing automatic shutoff feature, fill height, and
flow rate standards; simplify compliance testing requirements; and,
require certification of portable fuel containers (revised; effective

7/30/2009)

Asphalt Pavement and Asphalt Based Surface Coating: 

6 NYCRR Part 241: Updates the permissible VOC content limits for
pavement and surface coatings (1/1/2011).

State Measures: Multiple Pollutants/Other

Best Available Retrofit Technology (BART):

6 NYCRR Part 249: This regulation, adopted from a federal program aimed
at reducing the impacts of visibility impairing pollutants in Class I
areas, targets emissions of SO2, NOx, and PM10 from certain categories
of stationary sources which began operation between 1962 and 1977. 
NYSDEC identified 19 subject facilities in New York State. Facilities
are complying through a variety of options including unit shutdown,
emission caps, add-on control technology, and process modifications.
Compliance is required by January 1, 2014 (new; effective

5/6/2010).

Ultra Low Sulfur Heating Oil:

ECL §19-0325: This law mandates lower sulfur heating fuel in New York
State. The law required the sulfur content of all oil sold for use in
residential, commercial, or industrial heating within the state to be no
greater than 15 ppm by July 1, 2012. This decreases the allowable limit
from the current range of 2,000 to 15,000 ppm (new; effective
7/20/2010).

Federal Measures

Tier 2 Gasoline Sulfur Program:

Phased in from 2004-2007, and now in full effect, the program requires
refiners to meet an annual corporate average gasoline sulfur level of 30
ppm (with no individual batch exceeding 80 ppm). This represents up to a
90 percent reduction in sulfur content from uncontrolled levels
(effective 4/10/00).

Cleaner Diesel Fuel Program:

This program refers to a collection of mobile-source related
regulations. Under this program, a 15 ppm Ultra Low Sulfur Diesel (ULSD)
specification was phased in for highway diesel fuel from 2006-2010.
Additionally, a low sulfur (500 ppm) and ULSD fuel specification is
being phased in for nonroad, locomotive, and marine engines from
2007-2014.

Control of Emissions from Nonroad Large Spark-Ignition Engines, and
Recreational Engines (Marine and Land-Based): 

A variety of previously unregulated nonroad engines were targeted for
NOx, carbon monoxide (CO), and hydrocarbon emission reductions with this
rulemaking. Various standards went into effect for the different engine
types between 2004 and 2007 (effective 1/7/03).

Control of Emissions of Air Pollution from Nonroad Diesel Engines and
Fuel: 

This rule established NOx and PM emissions standards for nonroad diesel
engines that began being phased-in in 2008. EPA cites sulfur oxide
reductions of greater than 99 percent from its nonroad diesel fuel
sulfur reductions. These fuel sulfur reductions were implemented with an
interim step of 500 ppm in June, 2007, with the final 15 ppm limit in
place in June, 2010 (effective 8/30/04).

Control of Emissions of Air Pollution from Locomotive Engines and Marine
Compression-Ignition Engines Less Than 30 Liters per Cylinder: 

A three-part emission control strategy targeting PM and NOx emissions
from locomotives and marine diesel engines. The strategies consist of
standards for existing engines (beginning 2008), near-term “Tier 3”
emission standards for newly-built engines (phased-in beginning 2009),
and long-term “Tier 4” emission standards for newly-built engines
(phased-in beginning 2014 for marine diesel engines and 2015 for
locomotives). This strategy became effective 7/7/2008.

 The document is available at
http://www.epa.gov/crossstaterule/pdfs/AQModeling.pdf

 Preliminary monitoring data for the first three quarters of 2013 also
indicates continued attainment

 Preliminary monitoring data for the three quarters of 2013 also
indicates continued attainment

 This interpretation was adopted in the General Preamble, see 57 FR
13498, and has been upheld as applied to the Clean Data Policy as well
as to nonattainment SIP submissions.  See NRDC v. EPA, 571 F.3d 1245
(D.C. Cir. 2009); Sierra Club v. EPA, 294 F.3d 155 (D.C. Cir 2002) 

 Guidance on transportation conformity SIPs can be found at:
http://www.epa.gov/otaq/stateresources/transconf/policy/420b09001.pdf

 CAA section 176(c)(4)(E) requires states to submit revisions to their
SIPs to reflect certain Federal criteria and procedures for determining
transportation conformity. Transportation conformity SIPs are different
from MVEBs that are established in control strategy SIPs and maintenance
plans.

 77 Fed. Reg. 9304 (February 16, 2012)

 78 Fed. Reg 24073 (April 24, 2013)

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