On May 4, 2010, the Environmental Protection Agency (“EPA”) proposed to conditionally approve New York State’s revised State Implementation Plan (“SIP”), a program mandated by the federal Clean Air Act for achieving the air quality standards required by the Act. The New York Metropolitan Area, which includes New York City as well as Nassau, Suffolk, Rockland, and Westchester Counties, is presently identified by EPA as not in attainment of federal ozone standards. Consequently, New York State is required to limit the emissions of ozone precursors (i.e., volatile organic compounds and oxides of nitrogen) through the adoption of Reasonably Available Control Technology (“RACT”), applicable to stationary sources, and Reasonably Available Control Measures (“RACM”), applicable to all sources.
In August of 2009, EPA had proposed to disapprove portions of New York’s prior efforts to revise its RACT and RACM analyses for ozone. EPA had based its proposed disapproval on New York’s failure to adopt six emission control measures which it had committed to adopt. In a letter dated March 30, 2010, EPA noted that the New York State Department of Environmental Conservation (“NYSDEC”) had made little progress on its overdue regulations. EPA offered to refrain from finalizing its disapproval (which would trigger sanctions) in exchange for a final commitment that the overdue regulations be adopted by August 31, 2010. New York’s commitment would give rise to a conditional approval, which would become final if the State met its August 31 deadline. New York accepted the offer, resulting in EPA’s proposed conditional approval. The agreement requires NYSDEC to adopt the following new regulations to control the emission of ozone precursors:
- 6 N.Y.C.R.R. Part 212.10: Asphalt Paving Production
- 6 N.Y.C.R.R. Part 220: Portland Cement Plants and Glass Manufacturing
- 6 N.Y.C.R.R. Subpart 227-2: ICI Boiler RACT/HEDD
- 6 N.Y.C.R.R. Part 228: Adhesives and Sealants
- 6 N.Y.C.R.R. Part 234: Graphic Arts
- 6 N.Y.C.R.R. Part 241: Asphalt Paving.
NYSDEC has published its proposed Part 241 regulation, pertaining to asphalt paving, on its website. A more general discussion of the likely contours of the six necessary regulations is also available on the NYSDEC website.
To view the correspondence between NYSDEC and EPA which gave rise to EPA’s conditional approval, click here and here. You will be directed to a site on regulations.gov; click on the pdf icon to view the correspondence.
Concerning Subpart 227-2 ICI Boiler RACT, the proposed regulations essentially reduce NOx emission rate limits by 50% for gas and oil firing, and re-classify boilers. Currently, boilers less than 50 million Btu per hour heat rating are classified as “Small boilers” requiring “annual tune-ups”. Proposed “Small Boiilers” classification would be less than 25 million Btu/hr rating. Boilers rated between 25 and 50 million Btu/hr heat rating will be required to meet a NOx emission rate limit. This will significantly affect commercial and institutional boilers.
Comment by Richard Rao — May 12, 2010 @ 10:01 am