Action taken: Amendment of Appendixes 1 and 2 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classiﬁcation.
Purpose: To classify positions in the exempt class and the non-competitive
classes.
Text or summary was published in the November 14, 2018 issue of the
Register, I.D. No. CVS-46-18-00011-P.
Final rule as compared with last published rule: No changes.
Text of rule and any required statements and analyses may be obtained
from: Jennifer Paul, NYS Department of Civil Service, Empire Stat e
Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, email:
commops@cs.ny.gov
Assessment of Public Comment
The agency received no public comment.
NOTICE OF ADOPTION
Jurisdictional Classiﬁcation
I.D. No. CVS-46-18-00012-A
Filing No. 138
Filing Date: 2019-02-13
Effective Date: 2019-03-06
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of Appendix 2 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classiﬁcation.
Purpose: To delete positions from and classify positions in the non-
competitive class.
Text or summary was published in the November 14, 2018 issue of the
Register, I.D. No. CVS-46-18-00012-P.
Final rule as compared with last published rule: No changes.
Text of rule and any required statements and analyses may be obtained
from: Jennifer Paul, NYS Department of Civil Service, Empire Stat e
Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email:commops@cs.ny.gov.
Assessment of Public Comment
The agency received no public comment.
Department of Environmental
Conservation
PROPOSED RULE MAKING
HEARING(S) SCHEDULED
Regulate Volatile Organic Compounds (VOCs) in Architectural
and Industrial Maintenance (AIM) Coatings
I.D. No. ENV-10-19-00003-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 205 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: Regulate volatile organic compounds (VOCs) in architectur al
and industrial maintenance (AIM) coatings.
Purpose: To set new and lower VOC limits for certain coating categories.
Update categories and methods.
Public hearing(s) will be held at: 11:00 a.m., May 6, 2019 at Department
of Environmental Conservation, 625 Broadway, Public Assem bly Rm.
129A/B, Albany, NY; 11:00 a.m., May 13, 2019 at SUNY at Stony Brook,
50 Circle Rd., Rm. B02, Stony Brook, NY; and 11:00 a.m., May 14, 2019
at Department of Transportation, One Hunter’s Point Plaza, 47-40 21st St.,
Rm. 834, Long Island City, 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): Architectural and industrial maintenance (AIM) coatings, com-
monly referred to as paints, release volatile organic compo unds (VOCs)
into the atmosphere. VOC content is regulated in Part 205 for 52 coating
categories. The major revisions to this proposal are to redu ce the VOC
limit on 12 coating categories, create VOC limits for 12 additional coating
categories, eliminate 15 coating categories and eliminate the quart
exemption. This proposal applies to any person who supplies, sells, offers
for sale or manufactures architectural coatings for use in the State of New
York.
Changes to Section 205.1, Applicability: The proposed revi sions
remove the exemption provided to coatings sold in one liter (1.057 quart)
containers. This is often referred to as the “quart exemption.”
Changes to Section 205.2, Deﬁnitions: Transitional language was added
to all deﬁnitions which are proposed to be changed. The deﬁnitions contain
language stating that categories eliminated on January 1, 2 021 will be
absorbed by another category.
The Department is also revising Section 205.2 by:
DEliminating ﬁfteen categories from the rule. These being an tenna
coatings, antifouling coatings, clear brushing lacquers, lacquers, sanding
sealers, varnishes, clear ﬁre retardant coatings, opaque ﬁre retardant coat-
ings, ﬂow coatings, quick dry enamels, quick dry primers sea lers and
undercoaters, swimming pool repair and maintenance coatin gs, tempera-
ture indicator coatings, waterprooﬁng sealers and waterprooﬁng concrete/
masonry sealers.
DAdding twelve new categories to the rule. These being alumin um
roof, basement specialty coatings, concrete/masonry sealer, conjugated oil
varnish, driveway sealer, reactive penetrating sealer, re active penetrating
carbonate stone sealer, stone consolidants, tub and tile reﬁnish, waterproof-
ing membranes, wood coatings, zinc-rich primers.
Changes to Section 205.3, Standards:
The current and proposed standards are shown in the table below.
Coating Category VOC Content Limit
(grams per liter)VOC Content Limit
(grams per liter)
Effective Until
December 31, 2020Effective
January 1, 2021
Flat Coatings 100 50
Nonﬂat Coatings 150 100
Nonﬂat – High Gloss
Coatings250 150
‘Specialty Coatings’
Aluminum Roof N/A 450
Antenna Coatings 530 N/A
Antifouling Coatings 400 N/A
Basement Specialty Coat-
ingsN/A 400
Bituminous Roof Coatings 300 270
Bituminous Roof Primers 350 350
Bond Breakers 350 350
Calcimine Recoaters 475 475
‘Clear Wood Coatings’
DClear Brushing Lac-
quers680 N/A
DLacquers (including
lacquer sanding sealers)550 N/A
DSanding Sealers (other
than lacquer sanding seal-
ers)350 N/A
DVarnishes 350 N/A
Concrete Curing Com-
pounds350 350
Concrete/Masonry Sealer N/A 100NYS Register/March 6, 2019 Rule Making Activities
4Coating Category VOC Content Limit
(grams per liter)VOC Content Limit
(grams per liter)
Concrete Surface Retard-
ers780 780
Conjugated Oil Varnish N/A 450
Conversion Varnish 725 725
Driveway Sealers N/A 50
Dry Fog Coatings 400 150
Faux Finishing Coatings 350 350
Fire Resistive Coatings 350 350
‘Fire Retardant Coatings’
DClear 650 N/A
DOpaque 350 N/A
Floor Coatings 250 100
Flow Coatings 420 N/A
Form Release Compounds 250 250
Graphic Arts Coatings
(Sign Paints)500 500
High Temperature Coat-
ings420 420
Impacted Immersion
Coatings780 780
Industrial Maintenance
Coatings340 250
Low Solids Coatings 120 120
Magnesite Cement Coat-
ings450 450
Mastic Texture Coatings 300 100
Metallic Pigmented Coat-
ings500 500
Multi Color Coatings 250 250
Nuclear Coatings 450 450
Pre Treatment Wash Prim-
ers420 420
Primers, Sealers, and Un-
dercoaters200 100
Quick Dry Enamels 250 N/A
Quick Dry Primers, Seal-
ers and Undercoaters200 N/A
Reactive Penetrating
SealerN/A 350
Reactive Penetrating Car-
bonate Stone SealerN/A 500
Recycled Coatings 250 250
Roof Coatings 250 250
Rust Preventative Coat-
ings400 250
‘Shellacs’
DClear 730 730
DOpaque 550 550
Specialty Primers, Sealers,
and Undercoaters350 100
Stains 250 250
Stone Consolidant N/A 450
Swimming Pool Coatings 340 340
Swimming Pool Repair
and Maintenance Coatings340 N/A
Temperature Indicator
Safety Coatings550 N/A
Thermoplastic Rubber
Coatings and Mastics550 550Coating Category VOC Content Limit
(grams per liter)VOC Content Limit
(grams per liter)
Trafﬁc Marking Coatings 150 100
Tub and Tile Reﬁnish N/A 420
Waterprooﬁng Membranes N/A 250
Waterprooﬁng Sealers 250 N/A
Waterprooﬁng Concrete/
Masonry Sealers400 N/A
Wood Coatings N/A 275
Wood Preservatives 350 350
Zinc-Rich Primer N/A 340
The most restrictive limit subdivision 205.3(b) was updated and subdi-
vision 25.3(c) was added to reﬂect the new and removed categories.
Changes to Section 205.4, Container labeling requirements: The label-
ing requirements were updated to reﬂect the new and removed categories.
Changes to Section 205.5, Reporting requirements: The existing lan-
guage was removed and replaced with language requiring manufacturers to
preserve and provide certain information upon the request of the Director.
The information proposed for retention includes facility information and
product information to be maintained by a responsible ofﬁcial for a mini-
mum of three years.
Changes to Section 205.6, Compliance provisions and test methods: The
Department is adding the following text to subdivision 205.6(a); “If the
manufacturer does not recommend thinning, the VOC Content must be
calculated for the product as supplied. If the manufacturer recommends
thinning, the VOC Content must be calculated including the maximum
amount of thinning solvent recommended by the manufacturer. If the
coating is a multi-component product, the container must display the VOC
Content as mixed or catalyzed. If the coating contains silanes, siloxanes, or
other ingredients that generate ethanol or other VOCs during the curing
process, the VOC Content must include the VOCs emitted during curing.”
In addition, new and updated test methods have been added.
Changes to Section 205.7, Limited exemption for small AIM coatings
manufacturers: This Section has been removed.
Changes to Section 200.9 Referenced Material: This Section was up-
dated to cite the changed and updated test methods referenced throughout
Part 205.
Text of proposed rule and any required statements and analyses may be
obtained from: Ona Papageorgiou, NYSDEC, Division of Air Resources,
625 Broadway, Albany, NY 12233-3251, (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: May 20, 2019.
Additional matter required by statute: Pursuant to Article 8 of the State
Environmental Quality Review Act, a Short Environmental As sessment
Form, a Negative Declaration 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):
INTRODUCTION
The Department of Environmental Conservation (DEC) propos es to
adopt revisions to 6 NYCRR Part 205, “Architectural and Industrial Main-
tenance (AIM) Coatings,” and Part 200, “General Provisions ” (collec-
tively, Part 205). AIM coatings, such as paint, are applied t o stationary
structures or their appurtenances at the site of installation, portable build-
ings at the site of installation, pavements, or curbs. The pu rpose of this
rulemaking is to lower VOC emissions by lowering VOC limits for some
coating categories. DEC will be required to incorporate the revisions to
Part 205 and the attendant revisions to Part 200 into New York’s SIP, and
provide the revised SIP to EPA for review and approval.
STATUTORY AUTHORITY
The statutory authority for the promulgation of 6 NYCRR Part 205 and
the attendant revision to 6 NYCRR Part 200 is found in the New Y ork
State Environmental Conservation Law (ECL), Sections 1-01 01, 3-0301,
3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305,
71-2103, and 71-2105.
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.
NEEDS AND BENEFITS
New York faces a signiﬁcant public health challenge from ground-levelNYS Register/March 6, 2019 Rule Making Activities
5ozone which causes health effects ranging from respiratory 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 the course of establishing this reg ulatory
framework, New York has promulgated regulations under 6 NYCRR Part
205 to limit the VOCs emitted from architectural and industr ial mainte-
nance coatings (AIM coatings).
The 2008 8-hour ozone NAAQS level is 0.075 parts per million (ppm).
In 2015 the EPA reduced the 8-hour ozone NAAQS to a level of 0.0 70
ppm. Areas in New York are currently designated as nonattainment for the
2008 and 2015 ozone NAAQS.
Pursuant to the Clean Air Act, New York State is required to de velop
and implement enforceable strategies that will bring the en tire state into
attainment for the 2008 and 2015 8-hour ozone NAAQS. DEC is propos-
ing to revise Part 205 to get further VOC reductions necessary to achieve
compliance with the 2008 and 2015 ozone NAAQS.
The OTC estimated that the OTC Region’s speciﬁc percent redu ctions
in the architectural and industrial maintenance coating se ctor resulting
from implementation of the rule are as follows1:
Coating Category Percent VOC reduction
Flat, Non Flat 32.4
Trafﬁc Markings 9.7
Industrial Maintenance 38
Other Specialty Coatings 34.3
Overall AIM Coating Reduction 33.7
Applying these categorical reductions to New York, DEC estimates the
rule revisions will achieve VOC mass reductions of approximately 16 tons
per day (TPD).
Summary of the proposed rule
DEC proposes to revise Part 205 consistent with a model rule developed
by the Ozone Transport Commission (OTC) in 2011. Key provisi ons of
this proposal include:
DEliminating 15 coating categories and sub-categories
DAdding 12 new coating categories
DLowering VOC limits on 12 coating categories
DBroadening the scope of DEC’s data collecting authority
DAdding transitional language
DUpdating deﬁnitions and codes (revise section 200.9)
DEliminating the quart exemption (not included in the model rule)
Brief discussions of the DEC’s proposed revisions to Part 205 are pre-
sented below.
Eliminate 15 coating categories and sub-categories
The coating categories proposed for elimination with the co ating cate-
gory it is proposed to be absorbed by:
Eliminated Category Absorbed By
Antenna Coatings (530 grams per
liter (g/l)Industrial Maintenance (250 g/l)
Antifouling Coatings (400 g/l) Industrial Maintenance (250 g/l)
Clear Wood Coatings
DClear Brushing Lacquers (680
g/l)
DLacquers (550 g/l) Wood Coatings (275 g/l)
DSanding Sealers (350 g/l)
DVarnishes (350 g/l)
Fire Retardant Coatings
DClear (650 g/l) Industrial Maintenance (250 g/l)
DOpaque (350 g/l)
Flow Coatings (420 g/l) Industrial Maintenance (250 g/l)
Quick Dry Enamels (250 g/l) Flat (50 g/l) or Nonﬂat (100 g/l) or
Nonﬂat High Gloss (150 g/l)
Quick Dry Primers, Sealers & Un-
dercoaters (200 g/l)Specialty Primers, Sealers & Un-
dercoaters (100 g/l)
Swimming Pool Repair & Mainte-
nance Coatings (340 g/l)Swimming Pool Coatings (340 g/l)
Temperature Indicator Coatings
(550 g/l)Industrial Maintenance (250 g/l)
Waterprooﬁng Sealers (250 g/l) Concrete/Masonry Sealers (100
g/l) or Waterprooﬁng Membranes
(250 g/l)Eliminated Category Absorbed By
Waterprooﬁng Concrete/Masonry
Sealers (400 g/l)Basement Specialty Coatings (400
g/l) or Concrete/Masonry Sealers
(100 g/l) or Waterprooﬁng Mem-
branes (250 g/l)
Add 12 new coating categories
The coating categories proposed for addition are:
New Category Limit (g/l)
Aluminum Roof 450
Basement Specialty Coatings 400
Concrete/Masonry Sealer 100
Conjugated Oil Varnish 450
Driveway Sealer 50
Reactive Penetrating Sealer 350
Reactive Penetrating Carbonate Stone Sealer 500
Stone Consolidants 450
Tub and Tile Reﬁnish 420
Waterprooﬁng Membranes 250
Wood Coatings 275
Zinc-Rich Primer 340
Lower VOC limits on 12 coating categories
The coating categories proposed for lowered VOC limits are:
Category Limit lowered (g/l)
Bituminous Roof Coatings From 300 to 270
Dry Fog Coatings From 400 to 150
Flat Coatings From 100 to 50
Floor Coatings From 250 to 100
Industrial Maintenance From 340 to 250
Mastic Texture Coatings From 300 to 100
Nonﬂat Coatings From 150 to 100
Nonﬂat-High Gloss From 250 to 150
Primers, Sealers & Undercoaters From 200 to 100
Rust Preventative From 400 to 250
Specialty Primers, Sealers & Undercoaters From 350 to 100
Trafﬁc Marking From 150 to 100
Add transitional language
At the request of stakeholders, DEC is revising sections 205.2 and 205.3
by adding transitional language to clarify deﬁnitions, including those re-
lated to the new coating categories, and explicitly identifying when certain
categories will be phased out and new ones phased in under the revised
rule.
Update deﬁnitions and codes as necessary
DEC is revising Section 205.2, “Deﬁnitions”, to clarify and update
speciﬁc deﬁnitions that are currently unclear or require updating to reﬂect
the other program changes.
DEC is also revising subdivision 205.3(b), which is the “most restrictive
VOC limit” provision of the rule to address the new and eliminated coating
categories.
Section 205.6 will be updated to reﬂect the most up-to-date ASTM
publications. As a result of these updates, Section 200.9 will also be
updated.
Eliminate the quart exemption
DEC is revising paragraph 205.1(b)(3) of the applicability section to
eliminate what is known as the “quart exemption.” Currently, Part 205 does
not regulate coatings sold in containers with a volume of one liter (1.057
quart) or less. Manufacturers and suppliers may circumvent the VOC limits
in Part 205 by selling the coatings in bundles of quart containers inside a
larger pail resulting in greater than anticipated VOC emissions. To address
this issue, the proposed revision will eliminate the language of Part 205
exempting quart containers. This provision is not included in the OTC AIM
Model Rule.
Broaden the scope of DEC’s data collection authority
DEC is broadening the scope of its authority to collect information
pursuant to the reporting requirements in Section 205.5 of the rule. ThisNYS Register/March 6, 2019 Rule Making Activities
6revision allows DEC to request more information than under the existing
rule and gives manufacturers additional time to respond. Currently, DEC
cannot request information on products manufactured for use outside of the
state (which could then be sold back into the state) or sold in the state in
containers of one liter or less. In the past, some manufacturers have
voluntarily provided this information when requested, but others have not.
The collection of this information is important in developing emission
inventories and enforcing the rule.
COSTS
In 2007, CARB implemented the VOC limits being proposed in the
revisions to Part 205. CARB conducted a thorough study of affected
businesses to determine control costs that would be incurred. CARB esti-
mated a per-limit cost-effectiveness ranging from a net savings to $13.90
per pound of VOC reduced, with an overall cost-effectiveness of $1.12 per
pound of VOC reduced (in 2007 dollars). These values were based upon the
assumption that companies will absorb all costs (i.e. none were passed
down to consumers) and may therefore be slightly inﬂated. CARB com-
puted an average 2.1 percent decline in return on owner’s return on equity
(ROE - calculated by dividing net proﬁt by net worth), and used this to
gauge economic impact. In its analysis, CARB concluded that the lower
VOC limits should not signiﬁcantly impact the proﬁtability of most busi-
nesses, although it may have an impact on the smallest operations. Overall,
business proﬁtability and job opportunities would not be signiﬁcantly
affected.
PAPERWORK
The proposed changes to Part 205 broaden the scope of DEC’s authority
to collect information. Speciﬁcally, Section 205.5 requires that manufac-
turers keep data on ﬁle for three years. If DEC requests this information,
the manufacturer’s responsible ofﬁcial shall provide this information
within 180 days of written request.
LOCAL GOVERNMENT MANDATES
No record keeping, reporting, or other requirements will be imposed on
local governments. The authority and responsibility for implementing and
administering Part 205 resides solely with DEC. Requirements for record
keeping, reporting, etc. are applicable only to the person(s) who manufac-
tures, sells, supplies, or offers AIM coatings for sale.
DUPLICATION BETWEEN THIS REGULATION AND OTHER
REGULATIONS AND LAWS
The revisions to Part 205 regulate all of the architectural and industrial
maintenance coatings regulated by the federal government under 40 CFR
Part 59, National V olatile Organic Compound Emission Standards for
Architectural Coatings. The federal rule was developed in 1998 and has not
been revised since. The AIM coating sector has seen many technological
advancements since 1998, and as a result, manufacturers have been able to
formulate quality coatings with lower VOC content.
While the deﬁnitions in Part 205 are somewhat different than that in the
federal rule, the VOC limits within Part 205 are at least as stringent, and
more often more stringent, than those set in the federal rule. Part 205
contains all coatings listed in the federal rule. Therefore, with the exception
of coatings that contain post consumer recycled content, a manufacturer
need only comply with the limits in Part 205 to be in compliance with the
architectural coatings VOC content limits for the New York State and the
federal rule.
ALTERNATIVES
The following alternatives have been evaluated to address the goals set
forth above:
1. No action taken;
2. Revising paragraph 205.1(b)(3); and
3. Removing paragraphs 205.3(b)(1)-(19).
FEDERAL STANDARDS
Both the current version of Part 205 (2003) and this proposed rule are
more stringent than the current federal AIM coatings standard, 40 CFR Part
59, National V olatile Organic Compound Emission Standards for Architec-
tural Coatings. The federal standard became effective in 1998 and AIM
coating technology has advanced to allow for quality products formulated
with lower VOCs. The New York Metropolitan Area continues to be
designated non-attainment for ozone and as a result, additional VOC
emission reductions need to be achieved.
COMPLIANCE SCHEDULE
The proposed effective date for the revisions to Part 205 is January 1,
2021. The sell-through provision allows for product manufactured before
January 1, 2021 to be sold through December 31, 2022.
— — — — — — — — — — —1“Model Regulations for Nitrogen Oxides (NOx) and Photo-rea ctive
Volatile Organic Compounds (VOCs) Technical Support Docum ent”
(Revised August, 2016)
Regulatory Flexibility Analysis
The Department of Environmental Conservation (DEC) propos es to
adopt revisions to 6 NYCRR Part 205, “Architectural and Industrial Main-tenance (AIM) Coatings,” and Part 200, “General Provisions ” (collec-
tively, Part 205). AIM coatings, such as paint, are applied t o stationary
structures or their appurtenances at the site of installation, portable build-
ings at the site of installation, pavements, or curbs. The pu rpose of this
rulemaking is to reduce emissions from AIM coatings by reducing the vol-
atile organic compound (VOC) content limits for some coating categories.
EFFECT OF THE RULE
Local governments are not expected to be directly affected b y the
proposed revisions to Part 205. The revisions to Part 205 may require
small businesses to reformulate coatings to bring them into compliance
with the new VOC limits as well as label accordingly. Small bu sinesses
may not have the level of research and development staff avai lable as
larger businesses, so this rulemaking may have a greater impact on small
businesses. Since 2010 DEC staff have communicated with sma ll busi-
nesses as well as coatings associations to prepare business es for the
proposed changes. According to the U.S. Census Bureau, County Business
Patterns Report for 2015 show that New York State had 88 paint manufac-
turing facilities, of which, at least two were small busines ses or
manufacturers.
COMPLIANCE REQUIREMENTS
Local governments are not expected to be directly affected b y the
proposed revisions to Part 205. Small businesses that manuf acture AIM
coatings will need to comply with the proposed VOC content li mits of
Part 205. In addition, these small businesses will need to comply with the
labeling requirements of Part 205 which requires manufactures to display
speciﬁc information on the coating container or label. The label informa-
tion required include:
Dthe date the coating was manufactured or the date code repres enting
the date of manufacture
Dthe manufacturer’s recommendations for thinning of the coating
Dthe maximum or actual VOC content of the coating
There are additional labeling requirements or speciﬁc instructions for:
Dindustrial maintenance coatings
Dclear brushing lacquers
Dfaux ﬁnishing coatings
Drust preventive coatings
Dquick dry enamels
Dnon ﬂat high gloss coatings
Dspecialty primers, sealers, and undercoaters
Dquick dry enamels
Dreactive penetrating sealers
Dreactive penetrating carbonate stone sealers
Dstone consolidants
Dwood coatings
Dzinc rich primers
Small businesses which manufacture AIM coatings will be expected to
comply with the reporting requirements of Part 205. The proposed changes
to Part 205 broaden the scope of the DEC’s authority to collect information.
Speciﬁcally, Part 205.5 requires that manufacturers keep t he following
data on ﬁle for three years:
(1) name and mailing address of the manufacturer;
(2) name, address and telephone number of a contact person;
(3) name of the coating product as it appears on the label and t he ap-
plication coating category;
(4) whether the product is marketed for interior or exterior use or both;
(5) number of gallons sold in New York State in containers greater than
one liter (1.057 quart) and equal to or less than one liter (1.057 quart);
(6) VOC Actual content and the VOC Regulatory content in grams per
liter;
(7) names and chemical abstract service (CAS) numbers of the VOC
constituents of the product;
(8) names and CAS numbers of any compound in the product speci ﬁ-
cally exempted from the VOC deﬁnition, as listed in subsecti ons 205.2
(cg) and (ch);
(9) whether the product is marketed as solventborne, waterb orne, or
100 percent solids;
(10) description of resin or binder in the product;
(11) whether the coating is a single-component or multi-com ponent
product;
(12) density of the product in pounds per gallon;
(13) percent of weight of solids, all volatile materials, wa ter, and any
compounds in the product speciﬁcally exempted from the VOC deﬁnition,
as listed in subsections 205.2 (cg) and (ch); and
(14) percent by volume of solids, water and any compounds in the prod-
uct speciﬁcally exempted from the VOC deﬁnition, as listed in subsection
205.2 (cg) and (ch).
If requested, the manufacturer would be required to provide this infor-
mation to the DEC within 180 days.
PROFESSIONAL SERVICES
It is not anticipated that small businesses that manufactur e AIM coat-NYS Register/March 6, 2019 Rule Making Activities
7ings will need professional services to comply with the proposed revisions
to Part 205. However, if a business does not want to reformulate in-house,
they may choose to purchase a formulation outside of their business.
COMPLIANCE COSTS
The proposed revisions to Part 205 closely match the California Air Re-
sources Board (CARB) 2007 Suggested Control Measure (SCM) for AIM
coatings. CARB performed a cost analysis as part of the devel opment of
its SCM AIM report in 2007. Because the proposed revisions ma tch so
closely with CARB’s measures, DEC utilized CARB’s cost anal ysis for
the purpose of estimating compliance costs for this rule making.
CARB conducted a thorough study of affected businesses to determine
control costs that would be incurred. CARB estimated a per-l imit cost-
effectiveness ranging from a net savings to $13.90 per pound of VOC
reduced, with an overall cost-effectiveness of $1.12 per po und of VOC
reduced (in 2007 dollars). These values were based upon the a ssumption
that companies will absorb all costs (i.e. none were passed d own to
consumers) and may therefore be slightly inﬂated. CARB comp uted an
average 2.1 percent decline in return on owner’s return on equity (ROE -
calculated by dividing net proﬁt by net worth), and used this to gauge eco-
nomic impact. In its analysis, CARB concluded that the lower VOC limits
should not signiﬁcantly impact the proﬁtability of most bus inesses, al-
though it may have an impact on the smallest operations. Overall, business
proﬁtability and job opportunities would not be signiﬁcant ly affected.
DEC staff note that these costs were estimated in 2007 and that formula-
tions and research have improved. Staff have concluded that compliance
costs should be lower as a result of these improvements. Whil e the 2007
CARB report stated that there may be an impact on the smallest operations
research and formulations experience since then should min imize this
impact.
ECONOMIC AND TECHNOLOGICAL FEASIBILITY
Local governments are not expected to be directly affected b y the
proposed revisions to Part 205. The limits and requirements proposed in
the revisions to Part 205 are technically feasible as they ha ve been in ef-
fect in California since 2008. In addition, the coating categories which are
not listed under the CARB rule were requested by industry sta keholders
who also offered technically feasible limits associated with each category.
DEC staff did not conduct independent cost analysis, rather depended on
the CARB 2007 analysis to assess the economic feasibility. T he CARB
cost information does include information supplied by manufacturers who
market AIM coatings nationally and therefore extend to New Y ork State.
In their 2007 SCM, CARB determined that most manufacturers or market-
ers of AIM coatings would absorb the cost of the proposed chan ges with
no signiﬁcant impacts on proﬁtability. Nevertheless, to help minimize the
potential impact on small businesses, the proposed changes to Part 205
include a two year sell through provision. This provision allows manufac-
turers to sell products compliant with the current standard (and manufac-
tured prior to the effective date of the proposed revisions) for two years af-
ter the new standard takes effect.
MINIMIZING ADVERSE IMPACT
Local governments are not expected to be directly affected b y the
proposed revisions to Part 205. In recognition of the potential for adverse
impacts on small businesses, DEC staff led a stakeholder pro cess with
manufacturers and coatings associations, including a stak eholder process
with national and local manufacturers and coatings associa tions on May
12, 2010 in association with the Ozone Transport Commission. DEC staff
also attended several coatings conferences and meetings with manufactur-
ers, including the American Coatings Association (ACA) on May 14, 2013
and, the Metropolitan New York Coatings Association (MNYCA) on June
12, 2014. Outreach with individual manufacturers and inter ested parties
was also conducted.
The proposed VOC limits have been in effect in California since 2007
and products with these lower limits have already been available and sold
in the marketplace. All manufacturers, including small bus inesses, have
had ample time to research, prepare and implement re-formul ation
strategies.
SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPA-
TION
As stated above, local governments are not expected to be dir ectly af-
fected by the proposed revisions to Part 205. In recognition of the potential
adverse impacts on small businesses, DEC staff met with many stakehold-
ers, including national and local associations and manufacturers, and have
given stakeholders several opportunities to participate in the development
of the proposed rule. DEC staff also gave presentations at AC A and
MNYCA meetings and provided educational outreach on the pro posed
rule. These outreach efforts, including meetings and communications with
DEC staff, have been ongoing since 2012. Additionally, the public, includ-
ing those involved in small businesses and local government s, will have
the opportunity to review and comment on the proposed rule in accor-
dance with State rulemaking procedures and requirements.
CURE PERIOD OR AMELIORATIVE ACTIONNo additional cure period or other opportunity for ameliorative action is
included in the revisions to Part 205. This proposal will not result in im-
mediate violations or impositions of penalties for existin g facilities. To
help reduce impacts on affected sources, Part 205 will not be come effec-
tive immediately after promulgation and offers a sell-through of two years.
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.
Rural Area Flexibility Analysis
The Department of Environmental Conservation (DEC) propos es to
adopt revisions to 6 NYCRR Part 205, “Architectural and Industrial Main-
tenance (AIM) Coatings,” and Part 200, “General Provisions ” (collec-
tively, Part 205). AIM coatings, such as paint, are applied t o stationary
structures or their appurtenances at the site of installation, portable build-
ings at the site of installation, pavements, or curbs. The pu rpose of this
rulemaking is to reduce emissions from AIM coatings by reducing the vol-
atile organic compound (VOC) content limits for some coating categories.
TYPES AND ESTIMATED NUMBERS OF RURAL AREAS
The last survey conducted by DEC in 2005 resulted in a list of 1 21
manufacturers associated with coatings throughout New Yor k State. The
U.S. Census Bureau, County Business Patterns Report for 201 5 shows
that New York State had 88 paint manufacturing facilities. P art 205 will
apply to manufacturers, sellers and advertisers statewide and, as a result,
stores which sell AIM coatings in rural areas will be subject to the revised
rule. The proposed revisions should not single out or impact rural areas.
COMPLIANCE REQUIREMENTS
On January 1, 2021, revised Part 205 will apply to manufacturers, sell-
ers and advertisers of AIM coatings. Manufacturers will be r equired to
formulate and label coatings in compliance with the revisions to Part 205.
Retailers and advertisers will be required to sell and adver tise compliant
coatings.
COSTS
In 2007, CARB implemented the VOC limits proposed in the revisions
to Part 205 and conducted a thorough study of affected busine sses to
determine compliance costs that would be incurred. CARB est imated a
per-limit cost-effectiveness ranging from a net savings to $13.90 per pound
of VOC reduced, with an overall cost-effectiveness of $1.12 per pound of
VOC reduced (in 2007 dollars). These values were based upon t he as-
sumption that companies will absorb all costs (i.e. none were passed down
to consumers) and may therefore be slightly inﬂated. CARB computed an
average 2.1 percent decline in return on owner’s return on equity (ROE -
calculated by dividing net proﬁt by net worth), and used this to gauge eco-
nomic impact. In its analysis, CARB concluded that the lower VOC limits
should not signiﬁcantly impact the proﬁtability of most bus inesses, al-
though it may have an impact on the smallest operations. Overall, business
proﬁtability and job opportunities would not be signiﬁcant ly affected.
DEC staff note that these costs were estimated in 2007 and that formula-
tions and research have improved. Staff concluded that comp liance costs
should be lower as a result of these improvements. Costs associated with
the proposed revisions to Part 205 are not expected to be grea ter in rural
areas.
MINIMIZING ADVERSE IMPACT
The revisions to Part 205 have statewide applicability and d o not
speciﬁcally affect rural areas. DEC conducted a stakeholder process with
national and local manufacturers and coatings association s on May 12,
2010 in association with the Ozone Transport Commission. DEC staff also
attended several coatings conferences and meetings with ma nufacturers,
including the American Coatings Association (ACA) on May 14 , 2013
and, the Metropolitan New York Coatings Association (MNYCA) on June
12, 2014. Outreach with individual manufacturers and inter ested parties
was also conducted.
The proposed VOC limits have been in effect in California since 2007
and products with these lower limits have already been available and sold
in the marketplace. All manufacturers, including those located in rural ar-
eas of the state, have had ample time to research, prepare and implement
re-formulation strategies.
RURAL AREA PARTICIPATION
The revisions to Part 205 have statewide applicability and d o not
speciﬁcally affect rural areas. As stated above, DEC staff m et with many
stakeholders, including national and local associations and manufacturers,
and have given stakeholders several opportunities to parti cipate in the
development of the proposed rule. DEC staff also gave public presenta-
tions at ACA and MNYCA meetings, providing educational outr each on
the proposed rule. These outreach efforts, including meeti ngs and com-
munications with DEC staff, have been ongoing since 2012. Additionally,
the public, including those located in rural areas of the state, will have the
opportunity to review and comment on the proposed rule in acc ordance
with State rulemaking procedures and requirements.
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.NYS Register/March 6, 2019 Rule Making Activities
8Job Impact Statement
The Department of Environmental Conservation (Department) proposes
to adopt revisions to 6 NYCRR Part 205, “Architectural and In dustrial
Maintenance (AIM) Coatings,” and Part 200, “General Provis ions” (col-
lectively, Part 205). AIM coatings, such as paint, are applied to stationary
structures or their appurtenances at the site of installation, portable build-
ings at the site of installation, pavements, or curbs. The pu rpose of this
rulemaking is to reduce emissions from AIM coatings by reducing the vol-
atile organic compound (VOC) content limits for some coating categories.
NATURE OF IMPACT
Part 205 may impact jobs and employment opportunities with manufac-
turers producing AIM coatings in New York State. The regulat ion, as
proposed, will require lowered VOC limits which would likel y require
reformulation of any products which do not meet the new limits. The time
and expertise required to reformulate AIM coatings may result in increased
employment for consultation and testing. However, reformu lation guid-
ance has been made available through the American Coatings Association
(ACA) and through raw material chemical distributors so the increase may
be limited.
The impact on the Department consists of time for rulemaking develop-
ment and outreach. Department enforcement staff will continue to conduct
enforcement activities to ensure compliance with the current Part 205, and
the revised rule is not expected to require additional staff time to imple-
ment the rule.
CATEGORIES AND NUMBERS OF JOBS OR EMPLOYMENT OP-
PORTUNITIES AFFECTED
Changes to Part 205 may impact coating and raw material manufactur-
ers, distributors and stores that sell coatings. This would include companies
that sell or manufacture coatings for New York State sales. In the last New
York State survey in 2005 it was estimated that over 75 million gallons of
AIM coatings were sold in New York State.
The revisions to Part 205 may lead to increased time and expertise spent
reformulating impacted coating categories. Manufacturer s that sell into
California, Utah and Delaware have already reformulated th eir coatings,
so those companies should not be impacted. Those companies which need
to reformulate will either need to spend more in house resour ces for
reformulation or will need to hire outside help to reformulate.
REGIONS OF ADVERSE IMPACT
The paint and coatings industry sector which is impacted by t his rule
are distributed throughout the state. Manufacturers may be found both up-
state and in the New York City metropolitan area. Since this is a statewide
rulemaking, the Department does not expect it to have any region-speciﬁc
adverse impacts.
MINIMIZING ADVERSE IMPACT
To minimize any adverse impacts Department staff conducted a
stakeholder process with national and local manufacturers and coatings
associations on May 12, 2010 in association with the Ozone Tr ansport
Commission. Department staff also attended several coatings conferences
and meetings with manufacturers, including the American Co atings As-
sociation (ACA) on May 14, 2013 and, the Metropolitan New York Coat-
ings Association (MNYCA) on June 12, 2014. Outreach with ind ividual
manufacturers and interested parties has also been supported.
The proposed VOC limits have been in effect in California since 2007
and products with these lower limits have already been available and sold
in the marketplace. All manufacturers, including small bus inesses, have
had ample time to research, prepare and implement re-formul ation
strategies.
SELF-EMPLOYMENT OPPORTUNITIES
The adoption of revised Part 205 is not expected to result in n egative
impacts to self-employment opportunities.
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.Department of Health
EMERGENCY/PROPOSED
RULE MAKING
NO HEARING(S) SCHEDULED
Body Scanners in Local Correctional Facilities
I.D. No. HLT-10-19-00004-EP
Filing No. 145
Filing Date: 2019-02-15
Effective Date: 2019-02-15
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Proposed Action: Addition of section 16.70; amendment of Part 89 of
Title 10 NYCRR.
Statutory authority: Public Health Law, sections 201, 225 and 3502
Finding of necessity for emergency rule: Preservation of public safety.
Speciﬁc reasons underlying the ﬁnding of necessity: Compliance with
the requirements of the State Administrative Procedure Act for ﬁling of a
regulation on a non-emergency basis including the requirem ent for a pe-
riod of time for public comment cannot be met because to do so would be
detrimental to the health and safety of inmates in local corr ectional
facilities.
Effective January 30, 2019, Public Health Law § 3502(6) perm its
unlicensed personnel working at local correctional facilities to utilize body
imaging scanning equipment that applies ionizing radiation to humans for
purposes of screening inmates committed to such facility, i n connection
with the implementation of such facility’s security progra m. Such equip-
ment is intended to be used as an efﬁcient method of detecting contraband,
such as knives and other weapons, as well as illegal drugs inc luding her-
oin and opioids, and will enhance the safety of both inmates a nd correc-
tion ofﬁcers.
The regulations provide protections to the inmates and staf f by
establishing requirements and controls to ensure appropri ate operation of
the body scanning imaging equipment. These include testing of the equip-
ment by a licensed medical physicist prior to use and annually thereafter;
annual training for operators of the equipment to ensure proper operation
and application; establishment of policies and procedures to guide use of
the equipment; and documentation and inspection requirements to monitor
and ensure that inmates are not overexposed to radiation based on the dose
limits in the law.
Delaying these regulations would prevent local correction al facilities
from enhancing security programs through the use of body imaging scan-
ning equipment while minimizing the risks posed to inmates by exposure
to ionization.
Subject: Body Scanners in Local Correctional Facilities.
Purpose: Establish operational requirements for local correctional faccili-
ties that use body scanning imaging equipment for security purposes.
Text of emergency/proposed rule: Pursuant to the authority vested in the
Public Health and Health Planning Council and the Commissio ner of
Health by sections 201, 225, and 3502 of the Public Health Law, Parts 16
and 89 of Title 10 of the Ofﬁcial Compilation of Codes, Rules and Regula-
tions of the State of New York are amended, to be effective upon publica-
tion of a Notice of Adoption in the New York State Register, to read as
follows:
New section 16.70 is added to Part 16 to read as follows:
16.70 Use of Body Scanning.
(a) Practitioners licensed under Article 35 of the Public He alth Law
and unlicensed personnel employed at a local correctional f acility may
utilize body imaging scanning equipment that applies ionizing radiation to
humans for purposes of screening inmates committed to such f acility,
solely in connection with the implementation of such facili ty’s security
program and in accordance with the provisions of this Part.
(b) Deﬁnitions
(1) “Body imaging scanning equipment’’ or ‘‘equipment’’ me ans
equipment that utilizes a low dose of ionizing radiation to p roduce an
anatomical image capable of detecting objects placed on, at tached to or
secreted within a person’s body. The utilization of body imaging scanning
equipment is for purposes of screening inmates committed to such facility,
in connection with the implementation of such facility’s security program.
(2) ‘‘Local correctional facility” shall mean a local corre ctional fa-
cility as deﬁned in Correction Law section 2(16).NYS Register/March 6, 2019 Rule Making Activities
9