JUN 1 1992
Mr. Thomas M. Allen, P.E.
Division of Air Resources
New York State Department of
50 Wolf Road
Albany, New York 12233
Dear Mr. Allen:
I am writing to remind you of the need to submit revisions to
New York's State Implementation Plan (SIP) for new source review
by November 15, 1992. As you may already be aware, EPA guidance
on revisions to the new source review regulations has not yet been
issued. While EPA has been late in developing detailed guidance
on what constitutes a complete and approvable new source review
program, the Clean Air Act Amendments (CAAA) specify certain minimum
changes. The General Preamble for Title I, published in the Federal
Register on Thursday, April 16, 1992, describes these changes, including
new definitions for major sources of various pollutants and new
emission offset ratios.
In addition, in my March 17, 1989 letter to you, I noted that
we would not approve any future SIP revisions that contain the provision
exempting resource recovery facilities from the need to obtain emission
offsets. It has come to our attention that there may have been some
confusion as to whether eliminating this provision was still necessary.
However, there is a court order requiring in effect that New York
State eliminate the offset exemption for new resource recovery facilities.
We are sensitive to the issue of requiring offsets for major sources
of carbon monoxide. We encourage you to find innovative strategies
for obtaining offsets for these sources.
As you know, the CAAA require States to adopt SIP revisions subject
to EPA approval that incorporate the new preconstruction permitting
requirements for new or modified sources by certain dates. The ozone
SIP revision deadline, for instance, is November 15, 1992. If these
deadlines pass without States submitting revisions to their new
source review regulations, EPA may impose sanctions on delinquent
These include imposing on the State the sanctions under Section
179(b) or proceeding under Section 113(a)(5) against sources that
attempt to construct, including the issuance of orders prohibiting
construction of the major source.
My staff is ready to review your proposed changes to NYSDEC's
new source review program and to assist you with ensuring that the
new CAAA requirements are included.
Original signed by Conrad Simon
Conrad Simon, Director
Air and Waste Management Division
T. Davis, NYSDEC
A. Fossa, NYSDEC
W. Baker, APB
K. Eng, ACB
S. Riva, ACB
F. Jon, ACB
D. Stone, ORC-AWTS
A. Callam, ORC-AWTS
R. Werner, APB
R. Kelly, APB
J. Calcagni, EPA OAQPS