the reduction of ozone forming pollutants. The regulation e nsures a fair
and level playing ﬁeld for all GDF owners and/or operators as well as for
all manufacturers, contractors and testers of gasoline dis pensing
equipment.
5. Rural area participation: Rural areas will not be adversely affected by
the proposed changes. The changes proposed apply to GDF owners and/or
operators throughout the entire state. The Department held public meet-
ings for industry stakeholders to present a draft of the proposed regulatory
changes at various locations throughout the state. These lo cations were
convenient for persons from rural areas to participate. The Department
plans on holding public hearings at various locations throu ghout New
York State once the regulation is proposed. There will be a pu blic com-
ment period in which interested parties can submit written comments.
Job Impact Statement
1. Nature of impact: The Department of Environmental Conser vation
(Department) proposes to repeal and replace 6 NYCRR Part 230 to reduce
volatile organic compound (VOC) emissions from gasoline di spensing
sites and transport vehicles in New York State. A gasoline dispensing site
is a federally regulated Gasoline Dispensing Facility (GDF) with gasoline
storage tank(s) greater than 250 gallons. Part 200 will be re vised to
incorporate by reference applicable federal and Californi a Air Resources
Board (CARB) test methods; inspection procedures; and gaso line tanker
truck marking, reporting and record retention provisions.
The Department proposes to adopt EPA’s federal requirements for GDFs
outlined in 40 CFR Part 63 Subpart CCCCCC (Subpart 6C). These require-
ments include the mandated use of federal “enhanced” Stage I vapor
recovery systems at large GDFs with annual gasoline through puts of
1,200,000 gallons or more, submerged ﬁlling, dual-point va por control
systems, improved performance testing and best management practices.
Incorporation of these federal requirements into state regulation will bring
consistency to the regulated community. Beyond what Subpar t 6C
requires, federal Stage I vapor recovery system requiremen ts are also
proposed for medium-sized GDFs located in the New York City Metropol-
itan Area (NYMA) with annual gasoline throughputs between 8 00,000
and 1,200,000 gallons per year. The NYMA is designated as a “s erious”
nonattainment area under the 2008 ozone National Ambient Ai r Quality
Standard (NAAQS) and as “moderate” nonattainment for the 2015 ozone
NAAQS. The required decommissioning of all Stage II vapor re covery
systems is being proposed due to equipment incompatibility with On-
board Refueling Vapor Recovery (ORVR) systems found on most vehicles.
More frequent performance testing is also being proposed to ensure vapor-
tight recovery systems.
This rulemaking is not expected to have any adverse impacts on jobs or
employment opportunities in New York State. Adoption of the federal
standards for high throughput GDFs along with removal of Stage II vapor
recovery systems and an increased testing frequency will re quire owners
and/or operators to purchase, install and maintain gasoline dispensing site
equipment as well as perform more frequent performance test s. This will
require the manufacturing of additional equipment compone nts and the
hiring of contractors to perform the necessary upgrades. It will also
provide increased job opportunities to accommodate the nee d for more
frequent testing at a larger number of GDFs throughout the State.
2. Categories and numbers affected: This rulemaking will af fect ap-
proximately 7,277 GDFs to varying degrees, all of which may n eed ser-
vices from gasoline dispensing equipment manufacturers, c ontractors or
testers. The greatest impact will be on the 851 medium-sized GDFs lo-
cated in the NYMA. These medium-sized facilities will be sub ject to the
federal Stage I vapor recovery, dual-point vapor control sy stems, and
improved performance testing requirements under the propo sed provi-
sions of new Part 230. Additionally, many GDFs may be minimal ly af-
fected by the federal best management practice requirement s of the
Subpart 6C regulation that are proposed to be incorporated i n new Part
230. The new submerged ﬁlling requirements should not impact any facil-
ities as the current New York State Fire Code requires all gasoline storage
tanks with capacities greater than 60 gallons to meet the proposed Part 230
requirements. The requirements for Stage II decommissioni ng will affect
approximately 3,387 GDFs and an estimated 20 companies cont racted to
do performance tests. In terms of job creation, the proposed rule changes
will have a positive impact based on the great number of GDFs a ffected
and the services anticipated.
3. Regions of adverse impact: The Department does not expect that
employment will be adversely impacted in any region of the st ate due to
this proposed rulemaking. Most GDFs already must comply with much of
the proposed rulemaking due to existing federal requiremen ts. The need
for services from manufacturers, contractors and testers i nvolved in the
gasoline dispensing equipment industry will increase in al l areas of New
York State.
4. Minimizing adverse impact: Speciﬁc compliance periods h ave been
factored into this proposed rulemaking to minimize the impacts associated
with the need for increased services from manufacturers, te sters, andcontractors involved in the gasoline dispensing equipment industry. The
Department is providing a 6- month compliance period for GDF s that
become subject to the federal vapor recovery requirements a s a result of
the proposed rule changes. Discussions with manufacturers , contractors
and testers have determined this compliance period to be suf ﬁcient. Sev-
eral gasoline dispensing equipment manufacturers already manufacture
the necessary equipment and many contractors are already fa miliar with
the installation requirements. Additionally, many of the major performance
test companies are also familiar with the new test requireme nts. The
Department, therefore, does not anticipate any adverse imp acts on those
employed in the manufacturing, installation or testing of gasoline dispens-
ing equipment as a result from the adoption of these proposed rule changes.
The Department believes that this rule will have a positive e conomic
impact on all GDFs due to better containment of vapors and reduced prod-
uct loss. Although GDF owners will have to pay for the removal of Stage
II equipment, most of the 3,387 applicable GDFs should save a p-
proximately $2,000 annually by eliminating their yearly ma intenance
costs.
5. Self-employment opportunities: The proposed regulation will provide
opportunities for new employment for individuals or compan ies that
decide to install, repair, or test gasoline dispensing equi pment. The need
for increased services by contractors and testers will bene ﬁt employment
in New York State. Many of these services will be provided by s elf-
employed individuals.
6. Initial review of the rule: The initial review of this rule shall occur no
later than in the third calendar year after the year in which t he rule is
adopted.
PROPOSED RULE MAKING
HEARING(S) SCHEDULED
Consumer Products
I.D. No. ENV-06-20-00019-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Parts 200 and 235 of Title 6 NYCRR.
Statutory authority: Environmental Conservation Law, sections 1-0101,
3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303,
19-0305, 71-2103 and 71-2105
Subject: Consumer Products.
Purpose: Reduce V olatile Organic Compound emissions from Consumer
Products - those products used in the average household.
Public hearing(s) will be held at: 11:00 a.m., April 14, 2020 at Depart-
ment of Environmental Conservation, 625 Broadway, Public A ssembly
Room 129A/B, Albany, NY; 11:00 a.m., April 15, 2020 at Department of
Transportation, One Hunter’s Point Plaza, 47-40 21st St., Rm. 834, Long
Island City, NY; 11:00 a.m., April 16, 2020 at Department of Environmen-
tal Conservation, 6274 Avon-Lima Rd., Rtes. 5 and 20, Confer ence Rm.,
Avon, NY .
Interpreter Service: Interpreter services will be made available to hearing
impaired persons, at no charge, upon written request submitted within rea-
sonable time prior to the scheduled public hearing. The writ ten request
must be addressed to the agency representative designated in the paragraph
below.
Accessibility: All public hearings have been scheduled at places reason-
ably accessible to persons with a mobility impairment.
Substance of proposed rule (Full text is posted at the follow ing State
website: http://www.dec.ny.gov/regulations/propregul ations.html#
public): The Division of Air Resources is proposing to revise 6 NYCRR
Part 235, “Consumer Products” (Part 235) to reduce volatile organic
compound (VOC) emissions, improve air quality, and promote regional
product consistency. The proposed revisions will help the s tate attain
federal National Ambient Air Quality Standards, and work toward region-
ally consistent regulations amongst the Ozone Transport Co mmission
(OTC) states.
The proposed revisions include adding nine new product categories and
revising ten existing categories in order to reduce the VOC content of the
products through lower VOC content limits. Part 200 will be r evised to
incorporate referenced materials, including American Soc iety for Testing
Materials (ASTM) testing procedures, the California Air Resources Board
(CARB) provisions supporting this regulation, and to update references to
Part 235. Part 235 will be revised to incorporate new deﬁnitions and revise
some categories in the existing deﬁnitions. Additionally, Subpart 235-3
will be updated to add new VOC limits, conform to the revised deﬁnitions
and product categories, and to remove obsolete text and references.NYS Register/February 12, 2020 Rule Making Activities
11Changes throughout the proposal include a January 1, 2021 compliance
date for the new VOC limits on new and reformulated products i n the
regulation. Likewise, changes were made in the deﬁnitions s ection to
provide transitional language, where necessary, for those categories of
products that were redeﬁned or revised, to cite which emissi on standards
apply before or after the compliance date of the regulation.
The proposed revisions include setting VOC content limits for nine new
product categories and lowering the VOC content limits for t en existing
product categories. New product categories include deﬁnitions for the fol-
lowing terms: aromatic compound, artist’s solvent or thinn er, automotive
windshield cleaner, high temperature coating, industrial maintenance coat-
ing, paint thinner, sanitizer, temporary hair color, and zi nc rich primer.
Revised deﬁnitions include: contact adhesive, electronic cleaner, fabric
protectant, ﬂoor polish or wax, general purpose cleaner, ge neral purpose
degreaser, lubricant, multi-purpose solvent, oven or grill cleaner, and rub-
ber or vinyl protectant.
The lower VOC limits will be applied to adhesives, some autom otive
cleaners and solvents, disinfectants, household ﬂoor and f urniture clean-
ers, paint thinners and some hair care products, among other product cate-
gories, as follows:
‘VOC Content Limit’ (‘percent by weight’)
‘Product
Category’Manufactured
on or after
January 1, 2005Manufactured
on or after
January 1, 2010Manufactured
on or after
January 1, 2021
Adhesives:
Construction,
Panel, and
Floor
Covering 15 7
Air Fresheners:
Dual Purpose
Air
Freshener /
Disinfectant 60
Anti-static
Product:
Aerosol 80
Non-aerosol 11
Automotive
Brake
Cleaner[s] or
Brake
Cleaner 45 10
Automotive
Windshield
Cleaner 35
Bathroom and
Tile
Cleaners:
All Other
Forms 5 n/a
Non-Aerosol 1‘VOC Content Limit’ (‘percent by weight’)
‘Product
Category’Manufactured
on or after
January 1, 2005Manufactured
on or after
January 1, 2010Manufactured
on or after
January 1, 2021
Carburetor or
Fuel-
Injection Air
Intake
Cleaners 45 10
Disinfectant:
Aerosols 70
Non-Aerosols 1
Engine
Degreasers:
Aerosols 35 10
Floor Polishes/
Waxes:
Products for
Flexible
Flooring
Materials 7 1
Products for
Nonresilient
Flooring 10 1
Furniture
Maintenance
Products:
Aerosols 17
All Other
Forms
Except Solid
or Paste 7 n/a
Non-Aerosol
(Except
Solid or
Paste) 3
General
Purpose
Cleaners:
Aerosols 10 8
General
Purpose
Degreasers:
Aerosols 50 10
Laundry Starch
Products 5 4.5
Multi-Purpose
Solvent 3
Nail Polish
Remover 75 1
Oven or Grill
Cleaners:
Aerosol/Pump
Sprays 8
Liquids 5
Non-Aerosols 4
Paint Thinner 3
Sanitizer:
Aerosol 70NYS Register/February 12, 2020 Rule Making Activities
12‘VOC Content Limit’ (‘percent by weight’)
‘Product
Category’Manufactured
on or after
January 1, 2005Manufactured
on or after
January 1, 2010Manufactured
on or after
January 1, 2021
Non-Aerosol 1
Shaving Gel 7 4
Temporary Hair
Color:
Aerosol 55
Text of proposed rule and any required statements and analyses may be
obtained from: Kenneth Newkirk, P.E., Department of Environmental
Conservation, Division of Air Resources, 625 Broadway, Alb any, NY
12233-3255, (518) 402-8396, email: air.regs@dec.ny.gov
Data, views or arguments may be submitted to: Same as above.
Public comment will be received until: April 21, 2020.
Additional matter required by statute: Pursuant to Article 8 of the State
Environmental Quality Review Act, a Short Environmental As sessment
Form and a Coastal Assessment Form have been prepared and are on ﬁle.
Summary of Regulatory Impact Statement (Full text is posted at the fol-
lowing State website: http://www.dec.ny.gov/regulation s/
propregulations.html# public):
1. INTRODUCTION
The New York State Department of Environmental Conservatio n
(Department) Division of Air Resources (DAR) proposes to re vise 6
NYCRR Part 235, “Consumer Products” (Part 235), to reduce vo latile
organic compound (VOC) emissions, improve air quality, and promote
regional consistency. The proposed revisions will help the state comply
with federal Clean Air Act (CAA) requirements pertaining to attainment
and maintenance of the ozone National Ambient Air Quality St andards
(NAAQS), and maintain regional product consistency in accordance with
a memorandum of understanding (MOU) dated June 3, 2010 among the
Ozone Transport Commission (OTC) states. The proposed revi sions
include adding new categories and revising others in order t o make the
New York regulation consistent with the OTC model rule and regulations
adopted by nearby states. Additionally, 6 NYCRR Subpart 235 -3, “Stan-
dards” (Subpart 235-3) will be updated to conform to the revi sed deﬁni-
tions and product categories, and to remove obsolete text an d references.
This proposal will also make attendant changes to 6 NYCRR Par t 200,
“General Provisions” (Part 200).
2. STATUTORY AUTHORITY
The statutory authority for the promulgation of Part 235 and the atten-
dant revision to Part 200 is found in the New York State Enviro nmental
Conservation Law (ECL) Sections 1-0101, 3-0301, 3-0303, 19 -0103, 19-
0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 71-210 3, and 71-
2105.
3. LEGISLATIVE OBJECTIVES
Article 19 of the ECL was enacted to safeguard the air resourc es of
New York from pollution and ensure protection of the public h ealth and
welfare, the natural resources of the state, and physical pr operty by
integrating industrial development with sound environmental practices. It
is the policy of the State to require the use of all available, practical and
reasonable methods to prevent and control air pollution in N ew York. To
facilitate this objective, the Legislature granted speciﬁc powers and duties
to the Department, including the power to adopt and promulga te regula-
tions to prevent, control and prohibit air pollution. The pr ovisions cited
above clearly provide the Department with the requisite authority to adopt
this regulation.
4. NEEDS AND BENEFITS
New York faces a signiﬁcant public health challenge from ground-level
ozone, which causes health effects ranging from respirator y disease to
death. In response to this public health concern, New York ha s enacted a
series of regulations designed to control ozone and its chem ical precur-
sors, including VOCs. In an effort to achieve reductions of V OC emis-
sions in the state, New York has promulgated regulations under Part 235 to
limit the VOCs emitted by a group of household and commonly us ed
products, collectively known as consumer products.
A. Background
The Department estimates that 164,200 tons of VOCs were released in
the state during 2014 from consumer products and architectu ral and
industrial maintenance coatings.1It is essential that the Department adopt
stringent consumer product emissions limitations to protect human health
and the environment. The current version of the consumer products regula-
tions in New York State is based on a 1996 version of regulations effective
in California as required by Section 183 of the Clean Air Act. 42 USC
7511b.In order to reduce VOCs from consumer products in California , the
South Coast Air Quality Management District (SCAQMD) adopted a rule
in March 2009 to reduce the VOC content of paint thinners and m ulti-
purpose solvents to 300 grams per liter (g/l) effective January 1, 2010 and
then to 25 g/l effective January 1, 2011. The California Air R esources
Board (CARB) amended its consumer products regulation to li mit VOCs
in certain product categories to 30 percent VOC by weight, as of December
31, 2010, and to a limit of three percent, by December 31, 2013. CARB’s
regulation also provided a three-year sell-through period in which
noncompliant solvents, produced before the compliance dea dline, could
be sold.
In order to adopt the California regulations on the east coast, DAR staff
led the OTC process to develop a new consumer products model r ule,
largely based on Suggested Control Measures (SCM) develope d by
CARB. The ﬁnal model rule, for use by all OTC states, supports the ap-
plication of consistent product standards amongst states t o address the
regional nature in which consumer products are sold and dist ributed. On
June 3, 2010, the OTC adopted a Resolution wherein member states agreed
to pursue, as necessary and appropriate, state-speciﬁc rul emakings to
update rules in accordance with the 2010 OTC Consumer Products Model
Rule.
The proposed revisions include adding new categories and re vising
others. New categories include: “Artist’s Solvent/Thinne r,” ‘‘Paint Thin-
ners and Multi-Purpose Solvents,” and “Dual Purpose Air Fre shener/
Disinfectant.” Revised categories include the deﬁnitions of “Air Fresh-
ener” and “Sanitizer” in order to include a category of ‘‘Dual Purpose Air
Freshener/Disinfectant,’’ and revising the deﬁnition of ‘‘Oven Cleaner’’ to
become ‘‘Oven or Grill Cleaner.’’A new deﬁnition of ‘‘Zinc Rich Primer’’
is also included in the proposed rule. Each of these actions will make the
New York regulation consistent with the CARB and OTC state regulations.
The Table of Standards (Subpart 235-3) will be updated to conform to the
revised deﬁnitions and product categories, and to remove ob solete text
and references. The proposed revisions will also provide ad equate lead
time to manufacturers to comply with the rule and will not be a pplied
retroactively.
B. Beneﬁts
Revisions to Part 235 are expected to reduce VOC emissions fr om
products used throughout the state. As a result of these prod uct formula-
tion revisions, the amount of VOC released to the air is expec ted to be
reduced by 5.3 tons per day (approximately 1900 tons per year ). Since
emissions from consumer products are highest in population centers, the
reduction in the New York City metropolitan area, where the o zone stan-
dard is exceeded, is expected to be 3.4 tons per day.
5. COSTS
The proposed changes are not expected to have any signiﬁcant impacts
on production costs and the Department does not expect manufacturers to
pass on the cost of compliance to consumers in the form of increased retail
prices. The proposed new product formulations are already a vailable for
sale in the marketplace and the proposed rule should have no a dverse
impact on consumer costs.
Adoption of this proposal would promote consistency with other states
in the northeast and uniformity of product requirements and would help
eliminate different versions of the regulatory standards b eing applied to
products in the states in the northeast; thereby reducing th e costs and
complexities of compliance across markets with different p roduct VOC
requirements.
6. LOCAL GOVERNMENT MANDATES
The regulations would not impose any additional mandates on local
governments. The products will be distributed in the same manner as they
have been, and the responsibility to provide products compl iant with the
regulation lies upon the manufacturers and distributors of the products.
This is not a mandate on local governments pursuant to Execut ive Order
17.
7. PAPERWORK
The regulations would not impose any paperwork burdens on th e
regulated community. The products will be distributed in the same manner
as they have been, and the responsibility to provide product s compliant
with the regulation lies upon the manufacturers and distrib utors of the
products. No additional paperwork is required by manufacturers or sellers.
8. DUPLICATION
While there are federal rules for consumer products, enacted September
11, 1998, the provisions of the existing and proposed regula tions create
requirements above and beyond the limits in the federal rule in order to
address air quality improvement efforts in New York.
9. ALTERNATIVES
DEC considered four alternatives to the proposed rule:
1) No Action. The severity of New York State’s air quality pro blems
requires more VOC reductions than this option would provide.
2) New York could adopt some, but not all, of the proposed amendments.
Given the regional nature of consumer product sales and distribution, andNYS Register/February 12, 2020 Rule Making Activities
13commitments by the Department to the other OTC states to adopt consis-
tent regulations, this option is preferred.
3) New York could revert to federal emissions standards. The severity
of New York State’s air quality problems requires more VOC re ductions
than this option would provide.
4) New York could go further and adopt the current CARB standa rds,
which exceed the consensus limitations developed in the OTC model rule
process. This would make New York consistent with only California, and
would make it difﬁcult for manufacturers to comply with the r egulations
in the Northeast. It would also create a difﬁcult enforcemen t scenario
because of the regional nature in which products are sold and distributed.
10. FEDERAL STANDARDS
The EPA adopted national consumer product standards in Sept ember
1998. The OTC model rule amendments, which form part of the ba sis of
the proposed revisions to Part 235, Consumer Products Rule, include limits
which are more restrictive than federal standards. These in clude stricter
VOC limits for 14 existing consumer product categories and 3 new
categories.
11. COMPLIANCE SCHEDULE
The rule takes effect 30 days after ﬁling with the New York Sta te
Department of State. The proposed rule streamlines complia nce by
establishing a single compliance date for all categories subject to the rule,
to be January 1, 2021.
— — — — — — — — — — —1VOC emissions from architectural and industrial maintenance coatings
are regulated under Part 205.
Regulatory Flexibility Analysis
The New York State Department of Environmental Conservatio n
(Department) Division of Air Resources (DAR) proposes to re vise 6
NYCRR Part 235, “Consumer Products” (Part 235), to reduce vo latile
organic compound (VOC) emissions, improve air quality, and promote
regional consistency. The proposed revisions will help the state comply
with federal Clean Air Act (CAA) requirements pertaining to attainment
and maintenance of the ozone National Ambient Air Quality St andards
(NAAQS), and maintain regional product consistency in accordance with
a memorandum of understanding (MOU) dated June 3, 2010 among the
Ozone Transport Commission (OTC) states1. The proposed revisions
include adding new categories and revising others in order t o make the
New York regulation consistent with the OTC model rule and regulations
adopted by nearby states. Additionally, 6 NYCRR Subpart 235 -3, “Stan-
dards” (Subpart 235-3) will be updated to conform to the revi sed deﬁni-
tions and product categories, and to remove obsolete text an d references.
This proposal will also make attendant changes to 6 NYCRR Par t 200,
“General Provisions” (Part 200).
1. EFFECT OF RULE
The proposed rule will apply to consumer products consisten tly
throughout the state. It lowers VOC content in various products, including
adhesives, deodorant, hair care products, and some automot ive care
products available at retail outlets throughout the state. Unless a small
business or local government manufactures products impacted by the rule
or engages in the sale of products that are not in compliance with the rule,
these revisions do not apply to small businesses or local governments who
merely sell or offer to sell consumer products that are in compliance with
the requirements of this rule.
2. COMPLIANCE REQUIREMENTS
There are no additional compliance requirements as a result of these
revisions on small businesses or local governments in the St ate. Unless
they engage in the manufacturing of the consumer products re gulated,
they will not be required to document, report, or keep record s on the
consumer products impacted by this regulatory revision. Re tail outlets
will continue to sell consumer products, with slight change s in formula-
tion as required. The formulation changes have already been developed
for and are available in California, Connecticut, Delaware, Maryland, and
New Hampshire.
3. PROFESSIONAL SERVICES
On the effective date of the proposed rule, January 1, 2021, the require-
ments will apply statewide to any person who sells, supplies , offers for
sale, or manufactures consumer products for use in New York State. There
are no additional requirements for professional services based speciﬁcally
on whether the entity is a small business or government agenc y. The
proposed rule requires speciﬁed consumer products to be for mulated,
manufactured and sold in compliance with the standards in the regulation
and that manufacturers produce compliant products.
4. COMPLIANCE COSTS
The proposed changes are not expected to have any signiﬁcant impacts
on production costs and the Department does not expect manufacturers to
pass on the cost of compliance to consumers in the form of increased retail
prices. The proposed new product formulations are already a vailable for
sale in the marketplace and the proposed rule should have no a dverseimpact on consumer costs. Any alternative formulations com pliant with
the proposed regulations typically reduce costs due to the u se of less
expensive, less complicated and less toxic alternative chemicals.
There are no speciﬁc cost impacts for continuing compliance with the
regulation for small businesses or local governments.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY
The economic and technological feasibility of the rule has already been
proven for products impacted by the rule. No compliance impacts will be
imposed on small businesses or local governments since the r ules apply
consistently to all areas of the state. The consumer product reformulations
have already been made by manufacturers, and products meeti ng the
proposed standards are being sold in California, Connectic ut, Delaware,
Maryland, and New Hampshire.
6. MINIMIZING ADVERSE IMPACT
The rule is designed to minimize any adverse impacts on local govern-
ments, rural areas, or small businesses by applying consistently to all areas
of the state. Manufacturers have developed and made available consumer
products that meet the proposed standards in California, Connecticut, Del-
aware, Maryland, and New Hampshire.
The Department does not anticipate any signiﬁcant adverse impacts on
small businesses or local governments as a result of this rulemaking. Ad-
ditionally, the Department has already undertaken efforts to minimize any
potential impacts by conducting outreach with stakeholders and the Ozone
Transport Commission states, and will review all public com ments
received during the rulemaking process.
7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPA-
TION
The proposed rule is based upon a model rule developed by the Ozone
Transport Commission for adoption by member states. The OTC effort
was undertaken to provide public and private interests the o pportunity to
participate in the development of the model rule in order to ease implemen-
tation of the regulations and provide consistent product fo rmulations
throughout the region.
The Department will conduct public hearings at various loca tions
around the state in order to provide stakeholders the opportunity to partic-
ipate in the formal rulemaking process.
8. CURE PERIOD OR AMELIORATIVE ACTION
No additional cure period or other opportunity for ameliorative action is
included in the revisions to Part 235. This proposal will not result in im-
mediate violations or impositions of penalties for existin g facilities. To
help reduce impacts on affected sources the proposed rule st reamlines
compliance by establishing a single compliance date for all categories
subject to the rule, to be January 1, 2021.
9. INITIAL REVIEW
The initial review of this rule shall occur no later than in th e third
calendar year after the year in which the rule is adopted.
— — — — — — — — — — —1See OTC Website - http://www.otcair.org/document.asp?Fv iew
=Formal Actions for document “MOU_adoption_of_new_regio nal_
controls[1][1].pdf”
Rural Area Flexibility Analysis
The New York State Department of Environmental Conservatio n
(Department) Division of Air Resources (DAR) proposes to re vise 6
NYCRR Part 235, “Consumer Products” (Part 235), to reduce vo latile
organic compound (VOC) emissions, improve air quality, and promote
regional consistency. The proposed revisions will help the state comply
with federal Clean Air Act (CAA) requirements pertaining to attainment
and maintenance of the ozone National Ambient Air Quality St andards
(NAAQS), and maintain regional product consistency in accordance with
a memorandum of understanding (MOU) dated June 3, 2010 among the
Ozone Transport Commission (OTC) states1. The proposed revisions
include adding new categories and revising others in order t o make the
New York regulation consistent with the OTC model rule and regulations
adopted by nearby states. Additionally, 6 NYCRR Subpart 235 -3, “Stan-
dards” (Subpart 235-3) will be updated to conform to the revi sed deﬁni-
tions and product categories, and to remove obsolete text an d references.
This proposal will also make attendant changes to 6 NYCRR Par t 200,
“General Provisions” (Part 200).
1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS
The regulation applies statewide, and as such, will apply consistently to
all rural areas throughout the state.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE
REQUIREMENTS; AND PROFESSIONAL SERVICES
The compliance requirements will apply statewide to any per son who
sells, supplies, offers for sale, or manufactures consumer products for use
in the State of New York. There are no reporting, recordkeepi ng or other
compliance requirements nor any need for professional serv ices based
speciﬁcally on a person’s or manufacturer’s location in rur al areas of the
state. The proposed rule requires speciﬁed consumer produc ts to beNYS Register/February 12, 2020 Rule Making Activities
14formulated, manufactured and sold in compliance with the st andards in
the regulation, and that manufacturers produce compliant p roducts. The
revisions establish a single compliance date, January 1, 2021, for all cate-
gories subject to the rule.
3. COSTS
The Department does not anticipate any capital or annual cos ts to
comply with the rule that are speciﬁc to rural areas of the state since prod-
uct formulations under the regulation will apply to all area s of the state
consistently. There are no speciﬁc cost impacts for public nor private enti-
ties in rural areas of the state.
4. MINIMIZING ADVERSE IMPACT
The rule is designed to minimize any adverse impacts on rural areas by
applying consistently to all areas of the state. Manufacturers of consumer
products have developed and market products that meet the proposed stan-
dards in California, Connecticut, Delaware, Maryland, and New
Hampshire.
5. RURAL AREA PARTICIPATION
The Department developed the regulation after the Ozone Tra nsport
Commission developed the model rule to be applied to the northeast states.
The OTC effort was undertaken to enable public and private in terests to
participate, to ease implementation of the regulations, and to provide con-
sistent product formulations throughout the region.
Additionally, the Department will conduct public hearings in various
locations around the state in order to serve all areas, inclu ding rural, and
provide the opportunity to participate in the rule making process. Because
the regulation applies consistently throughout the state, adoption or
modiﬁcation of procedural rules will be consistent throughout the state.
6. INITIAL REVIEW
The initial review of this rule shall occur no later than in th e third
calendar year after the year in which the rule is adopted.
— — — — — — — — — — —1See OTC Website - http://www.otcair.org/document.asp? Fv iew
=Formal Actions for document “MOU_adoption_of_new_regio nal_
controls[1][1].pdf”
Job Impact Statement
The New York State Department of Environmental Conservatio n
(Department) Division of Air Resources (DAR) proposes to re vise 6
NYCRR Part 235, “Consumer Products” (Part 235), to reduce vo latile
organic compound (VOC) emissions, improve air quality, and promote
regional consistency. The proposed revisions will help the State comply
with federal Clean Air Act (CAA) requirements pertaining to attainment
and maintenance of the ozone National Ambient Air Quality St andards
(NAAQS), and maintain regional product consistency in accordance with
a memorandum of understanding (MOU) dated June 3, 2010 among the
Ozone Transport Commission (OTC) states1. The proposed revisions
include adding new categories and revising others in order t o make the
New York regulation consistent with the OTC model rule and regulations
adopted by nearby states. Additionally, 6 NYCRR Subpart 235 -3, “Stan-
dards” (Subpart 235-3) will be updated to conform to the revi sed deﬁni-
tions and product categories, and to remove obsolete text an d references.
This proposal will also make attendant changes to 6 NYCRR Par t 200,
“General Provisions” (Part 200).
1. NATURE OF IMPACT
There will be little, if any impact on jobs and employment opportunities
in the State. Manufacturers of consumer products have devel oped and
market products that would meet these proposed standards in California,
Connecticut, Delaware, Maryland and New Hampshire, where rule limits
identical to DEC’s proposed rule have already been adopted.
2. CATEGORIES AND NUMBERS AFFECTED
There will be little, if any impact on any speciﬁc category of jobs or
employment opportunities in the State. Retail outlets will continue to sell
consumer products, with slight changes in formulation already developed
for and available in California, Connecticut, Delaware, Ma ryland, and
New Hampshire.
3. REGIONS OF ADVERSE IMPACT
The regulation applies statewide, and as such, there will be no dispropor-
tionate adverse impact on existing jobs, nor will it disprop ortionately
promote the development of new employment opportunities. T herefore,
the Department does not anticipate any region-speciﬁc adverse impacts.
4. MINIMIZING ADVERSE IMPACT
The Department does not anticipate any signiﬁcant adverse impacts on
existing jobs nor on the promotion of new employment opportunities as a
result of this rulemaking. Additionally, the Department has already under-
taken efforts to minimize any potential impacts by conducti ng outreach
with stakeholders and the Ozone Transport Commission state s, and will
review all public comments received during the rulemaking process.
5. SELF-EMPLOYMENT OPPORTUNITIES
The adoption of revised Part 235 is not expected to result in n egative
impacts to self-employment opportunities.6. INITIAL REVIEW
The initial review of this rule shall occur no later than in th e third
calendar year after the year in which the rule is adopted.
— — — — — — — — — — —1See OTC Website - http://www.otcair.org/document.asp? Fv iew
=Formal Actions for document “MOU_adoption_of_new_regio nal_
controls[1][1].pdf”
PROPOSED RULE MAKING
HEARING(S) SCHEDULED
New Source Review Requirements for Proposed New Major
Facilities and Major Modiﬁcations to Existing Facilities
I.D. No. ENV-06-20-00020-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Parts 200 and 231 of Title 6 NYCRR.
Statutory authority: Environmental Conservation Law, sections 1-0101,
3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303,
19-0305, 71-2103 and 71-2105
Subject: New Source Review requirements for proposed new major facil-
ities and major modiﬁcations to existing facilities.
Purpose: To conform to Federal NSR rule requirements and related court
rulings, correct typographical errors, and clarify rule language.
Public hearing(s) will be held at: 11:00 a.m., April 14, 2020 at Depart-
ment of Environmental Conservation, 625 Broadway, Public A ssembly
Rm. 129A/B, Albany, NY; 11:00 a.m., April 15, 2020 at Departm ent of
Transportation, One Hunter’s Point Plaza, 47-40 21st St., Rm. 834, Long
Island City, NY; 11:00 a.m., April 16, 2020 at Department of Environmen-
tal Conservation, 6274 Avon-Lima Rd., Rtes. 5 and 20, Confer ence Rm.,
Avon, NY .
Interpreter Service: Interpreter services will be made available to hearing
impaired persons, at no charge, upon written request submitted within rea-
sonable time prior to the scheduled public hearing. The writ ten request
must be addressed to the agency representative designated in the paragraph
below.
Accessibility: All public hearings have been scheduled at places reason-
ably accessible to persons with a mobility impairment.
Substance of proposed rule (Full text is posted at the follow ing State
website: http://www.dec.ny.gov/regulations/propregul ations.html#
public): The Department of Environmental Conservation (Department) is
proposing to amend Parts 200 and 231 of Title 6 of the Ofﬁcial Compila-
tion of Codes, Rules, and Regulations of the State of New York , entitled
“General Provisions” and “New Source Review of New and Modiﬁed Fa-
cilities” respectively.
The Part 200 amendments will incorporate by reference updat ed ver-
sions of 40 Code of Federal Regulations (CFR) Part 51 Appendi x W:
Guideline on Air Quality Models of the EPA and the list of Global Warm-
ing Potentials found in 40 CFR Part 98 Table A-1.
Existing Subparts 231-1 and 231-2 will be revised to correct typographi-
cal errors.
Existing Subpart 231-3 will be revised for clariﬁcation and to correct
typographical errors.
Existing Subpart 231-4 will be revised to clarify deﬁnitions of Baseline
actual emissions, Baseline area, Minor facility baseline date, Net emission
increase, Nonattainment contaminant, Regulated NSR conta minant, and
Source reduction. Deﬁnitions for “CO2 equivalent” and “Sub ject to
regulation” will be added and inserted alphabetically. Sub part 231-4 will
also be revised to correct a typographical error.
Existing Subpart 231-5 will be revised to remove references to inter-
pollutant trading ratios to offset direct emissions of part iculate matter or
particles with an aerodynamic diameter less than or equal to 2.5 microm-
eters (PM-2.5) precursors and replace references to NYSDEC Guidelines
on Dispersion Modeling Procedures for Air Quality Impact Analysis.
Existing Subpart 231-6 will be revised to remove references to inter-
pollutant trading ratios to offset direct emissions of PM-2 .5 precursors,
replace references to NYSDEC Guidelines on Dispersion Mode ling
Procedures for Air Quality Impact Analysis, and correct typ ographical
errors.
Existing Subpart 231-7 will be revised to clarify the requirement to es-
tablish the potential to emit of contaminants in a permit condition and cor-
rect typographical errors.
Existing Subpart 231-8 will be revised to remove the ability to use the
netting provisions for greenhouse gases and correct typographical errors.
Existing Subpart 231-9 will be revised to clarify the report ing andNYS Register/February 12, 2020 Rule Making Activities
15