the greenhouse gas (GHG) requirements that have been adopted by theCalifornia Air Resources Board (CARB) as part of the Low Emission Vehicle (LEV) program.

The amendments to the regulations are not expected to negatively impact jobs and employment opportunities in New York State. New YorkState has had a LEV program in effect since model year 1993 for passenger cars and light-duty trucks, with the exception of model year 1995,and the Department is unaware of any adverse impact to jobs and employment opportunities as a result.

2. Categories and numbers affected: The changes to this regulation will not adversely impact businesses involved in manufacturing, selling or purchasing passenger cars or trucks. Automobile manufacturers are not expected to incur costs in order tocomply with the regulation. Dealerships will be able to sell California certified vehicles to buyers from states bordering New York. Since vehicles must be California certified in order to be registered in New York, NewYork residents will not be able to buy non-complying vehicles out-ofstate, but may be able to buy complying vehicles out-of-state. These businesses compete within the state and generally are not subject to competition from out-of-state businesses. Therefore, the proposed regulation isnot expected to impose a competitive disadvantage on affiliated businesses, and there would be no change from the current relationship with out-of-state businesses.

3. Regions of adverse impact: None. 4. Minimizing adverse impact: The GHG requirements are not expected to have adverse impacts on automobile dealers. Dealerships will be required to ensure that the vehicles they sell are California certified. Starting with the 1993 model year, most manufacturers have included provisions in their ordering mechanisms to ensure that only California certified vehicles are shipped to New York dealers. The implementation of the proposed GHG regulation is not expected to be burdensome in terms of additional reporting requirementsfor dealers. As stated previously, there would be no change in the competitive relationship with out-of-state businesses.

The GHG requirements attempt to minimize adverse impacts onautomobile manufacturers by increasing compliance flexibility by offering them the voluntarily option of demonstrating compliance based on thetotal number of passenger cars, light-duty trucks, and medium-duty passenger vehicles sold in New York, California, and all other states that have adopted California's GHG emission standards under Section 177 rather than the current GHG fleet average requirements in each state.

5. Self-employment opportunities: None that the Department is aware of at this time.



### PROPOSED RULE MAKING HEARING(S) SCHEDULED

Nitrogen Oxide (NO

x

### ) Emission Controls for Hot Mix Asphalt Production Plants

I.D. No. ENV-51-09-00008-P

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule: Proposed Action: Amendment of Part 212 of Title 6 NYCRR. Statutory authority: Environmental Conservation Law, sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-0311, 71-2103 and 71-2105 Subject: Nitrogen oxide (NO

x) emission controls for hot mix asphalt production plants. Purpose: To reduce NO

x emissions from hot mix asphalt production plants to decrease ambient ozone and particulate matter concentrations. Public hearing(s) will be held at: 2:00 p.m., Feb. 8, 2010 at Department of Environmental Conservation, Region 8, Office Conference Rm., 6274 E. Avon-Lima Rd. (Rtes. 5 and 20), Avon, NY; 2:00 p.m., Feb. 9, 2010 atDepartment of Environmental Conservation, 625 Broadway, Public Assembly Rm. 129B, Albany, NY; 2:00 p.m., Feb. 10, 2010 at Departmentof Environmental Conservation Annex, Region 2, 11-15 47th Ave., Hearing Rm. 106, Long Island City, NY Interpreter Service: Interpreter services will be made available to hearingimpaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below. Accessibility: All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment. Text of proposed rule: Existing section 212.1 is repealed. A new section 212.1 is added as follows:

Section 212.1 Definitions (a) For the purpose of this Part, the general definitions in Part 200 of this Title apply.

(b) For the purpose of this Part, the following definitions also apply:

(1) Aggregate. Any hard, inert material used for mixing in graduated particles or fragments. Includes sand, gravel, crushed stone, slag, rock dust or powder. (2) Asphalt. The dark brown to black cementitious material (solid, semisolid or liquid in consistency) of which the main constituents are bitumens which occur naturally or as a residue of petroleum refining. (3) Asphalt Cement. Asphalt specially prepared as to quality and consistency for direct use in the manufacture of asphalt pavements. (4) Flue Gas Recirculation. The recycling of flue gas exhaust from the stack to the combustion chamber, which lowers the flame temperature and dilutes the oxygen content of the combustion air, thereby reducing the formation of nitrogen oxides. (5) Hot Mix Asphalt. Paving material that is produced by mixing hot dried aggregate with heated asphalt cement. (6) Large Asphalt Plant Burner. A burner with a maximum heat input of 25 million Btu per hour or greater. (7) Low NO

x Burner. A burner designed to reduce flame turbulence by the mixing of fuel and air and by establishing fuel-rich zones for initial combustion, thereby reducing the formation of nitrogen oxides. (8) Overall removal efficiency. The total reduction of volatile organic compound emissions considering the efficiency of both the capture systemand of the subsequent destruction and/or removal of these air contaminants by the control equipment prior to their release into the atmosphere.(9) Process. Any industrial, commercial, agricultural or other activity, operation, manufacture or treatment in which chemical, biological and/or physical properties of the material or materials are changed, or inwhich the material(s) is conveyed or stored without changing the material(s) (where such conveyance or storage system is equipped with a vent(s) and is non-mobile), and which emits air contaminants to the outdoor atmosphere. A process does not include an open fire, operation of a combustion installation, or incineration of refuse other than by-products or wastes from processes. (10) Small Asphalt Plant Burner. A burner with a maximum heat input of less than 25 million tu per hour.

Existing section 212.2 through subdivision 212.10(f) remain unchanged. A new subdivision 212.10(g) is added as follows: (g) Control technology requirements for hot mix asphalt production plants. (1) The owner or operator of an existing hot mix asphalt production plant must submit an application to the department to modify its permit to address the requirements set forth below by June 1, 2010. Any new hot mix asphalt production plant will have to account for these requirements with its initial permit application. This application will include the following: (i) for a small asphalt plant burner, a requirement to perform an annual burner tune-up.(ii) for a large asphalt plant burner, a control technology assessment that analyzes the technical and economic feasibility of installing a low NO

x burner and a low NO

x burner in combination with a flue gas recirculation system. The control technology assessment shall include a description of the projected effectiveness of the technologies consideredand the costs for installation and operation of each technology. The assessment shall also include proposed emission limits that reflect the application of the suggested control technology. The justification for technical and economic feasibility, the selection of the control technology, and the proposed emission limits will be reviewed by the department for approval. An annual burner tune-up will be required if all other control equipment is deemed infeasible. (2) The owner or operator of a hot mix asphalt production plant must install and test any control equipment or other emission reduction methods approved by the department by January 1, 2012. (3) The owner or operator of a hot mix asphalt production plant is required to maintain control equipment in accordance with manufacturer specifications. (4) The owner or operator of a hot mix asphalt production plant willbe required to maintain records detailing the date of equipment installation and fuel usage. The fuel usage records must be kept on site or in aspecified central location for five years and made available to the department upon request.

Existing section 212.11 remains unchanged. Text of proposed rule and any required statements and analyses may be obtained from: Scott Griffin, NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, (518) 402-8396, email: 212asph@gw.dec.state.ny.us 

## NYS Register/December 23, 2009 Rule Making Activities

**16**Data, views or arguments may be submitted to: Same as above.
Public comment will be received until: February 17, 2010. Additional matter required by statute: Pursuant to Article 8 of the State Environmental Quality Review Act, a Short Environmental Assessment Form, a Negative Declaration and a Coastal Assessment Form have been prepared and are on file. This rule must be approved by the Environmental Board. Summary of Regulatory Impact Statement

STATUTORY AUTHORITY The New York State Department of Environmental Conservation (Department) proposes to revise 6 NYCRR Part 212, ‘‘General Process Emission Sources,’’ to include nitrogen oxide (NO

x) control requirementsfor hot mix asphalt production plants, which result from combustion during the asphalt drying process.

This NO

x control strategy was introduced by the Ozone Transport Commission (OTC), of which New York State is a member, as an outgrowth ofits ongoing efforts to reduce ground-level ozone to help states fulfill attainment of the national ambient air quality standard (NAAQS). The Department is proposing to revise Part 212 to require NO

x control equipment or other NO

x reduction methods consistent with the OTC guidelines.In addition to assisting in attainment of the ozone NAAQS, this rule revision will result in a decrease of fine particulate matter (PM2.5 ) formationfrom the operation of hot mix asphalt production plants during the nonozone season, thus aiding in attainment of the PM2.5 NAAQS. This is not a mandate on local governments. Local governments have no additionalcompliance obligations as compared to other subject entities. The Department proposed to revise Part 212 further to remove definitions that also exist in Part 200. Doing so increases the clarity of Part 212 and avoids redundancy.

The proposed revision is authorized by Environmental Conservation Law (ECL) Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-0311, 71-2103, and 71-2105.

LEGISLATIVE OBJECTIVESThe legislative objectives underlying the above statutes are directed toward protection of the environment and public health. NO

x emissions contribute to the formation of both ozone and particulate matter in ambientair. New York State contains nonattainment areas for the primary and secondary ozone and PM2.5 (both annual and 24-hour) NAAQS.

The proposed NO

x controls must be installed and operating by January 1, 2012. This rule will benefit any nonattainment area relying on NO

x reductions in 2012. This includes the 1997 8-hour ozone nonattainment area of New York-Northern New Jersey-Long Island, NY-NJ-CT, which must demonstrate attainment by June 15, 2013 (contingent on approval bythe United States Environmental Protection Agency (EPA) of a ‘‘bumpup’’ request submitted by the Department). The Department also expects multiple areas throughout the state to be designated as nonattainment under the more stringent 2008 8-hour ozone NAAQS. EPA must declare their designations for this standard by March 12, 2010. The Departmentrecently recommended to EPA that the New York-Northern New JerseyLong Island, NY-NJ-CT area be designated as nonattainment for the 2006 24-hour PM2.5 NAAQS. Because NO

x acts as a precursor to particulate matter, the reduction in NO

x resulting from this rule revision will assist in this area meeting its attainment deadline in 2014.

NEEDS AND BENEFITSRegulating hot mix asphalt production plants under Part 212 is primarily for the benefit of the various ozone nonattainment areas throughout the state. NO

x emissions during the summer months are more inclined to react with volatile organic compounds (VOCs) to form ground-level ozone. The revised Part 212 is being included among the control measures needed for attainment of the 1997 8-hour ozone NAAQS in the State Implementation Plan (SIP) for the New York-N. New Jersey-Long Island, NY-NJ-CTnonattainment area. The updated Part 212 will also prove important in attaining the revised 2008 8-hour ozone standard, for which the Department submitted its designation recommendations to EPA on March 12, 2009.

During paving operations in the cooler months outside of the ozone season, NO

x emissions are more likely to contribute to ambient particulate levels. The revised Part 212 will be included as a measure needed to help reach attainment of the 2006 24-hour PM2.5 standard in the SIP for the downstate nonattainment area.

Ozone EPA recently promulgated identical revised primary and secondary ozone standards that specified an eight-hour ozone standard of 0.075 parts per million (ppm). 1 EPA intends to publish the new eight-hour ozone designations by March 12, 2010. New York State is currently obligated to meet the requirements related to the 1997 eight-hour ozone NAAQS. 2 Regulating these hot mix asphalt production plants through the proposed revisions to Part 212 represents an essential component of New York State's SIP. Timely promulgation of this rule is required in order to avoid a finding of SIP disapproval by EPA. Short-term exposure to elevated ozone concentrations can cause or aggravate many respiratory conditions, while longer-term exposure can lead to permanent changes in lung tissue and irreversible reductions in lung function. Studies have shown a definitive link between short-term exposure and human mortality. 3 Ozone also affects vegetation andecosystems, leading to reductions in agricultural crop and commercial forest yields, reduced growth and survivability of tree seedlings, and increased plant susceptibility to disease, pests, and other environmental stresses such as harsh weather.

Particulate Matter By action dated July 18, 1997, EPA revised the NAAQS for particulate matter to add new standards for PM 2.5 . 4 EPA established health and welfare-based (primary and secondary) annual and 24-hour PM 2.5standards. Effective December 18, 2006, EPA revised the 24-hour standard to 35 micrograms per cubic meter, based on the three-year average of the annual 98th percentile of 24-hour concentrations. 5 The Department subsequently recommended that the New York-N. New Jersey-Long Island, NY-NJ-CT area be designated as nonattainment for this standard. New York has the obligation to reach attainment in this area in 2014.

Fine particles are associated with a number of serious health effects related to respiratory and cardiovascular impairment, including premature mortality. More detailed information on the health effects of fine particles can be found on EPA's web site: http://www.epa.gov/ttn/naaqs/standards/ pm/spmindex.html.

At the time EPA established the PM2.5 primary NAAQS in 1997, EPAalso established welfare-based (secondary) NAAQS identical to the primary standards. The secondary standards are designed to protect against major environmental effects caused by PM such as visibility impairment in Class I areas (which contain national parks and wilderness areas across the country), soiling, and materials damage.

Other Air Quality Implications Reduced levels of NO

x will lead to visibility improvements in many parts of the U.S. Reductions of NO

x emissions will also reduce acidification and eutrophication of water bodies in the region.

Acid deposition is formed from NO

x and SO 2 emissions and causes acidification of lakes and streams. New York State's Adirondack Park has been particularly affected by acid deposition. Approximately 26 percent of the lakes surveyed in the Adirondacks have completely lost their ability to neutralize acid entering the lakes and over 70 percent of the sensitivelakes in the Adirondacks are at risk of episodic acidification. Acid deposition has resulted in damage to plant species as well. Tree growth may be impaired by acid deposition through increased susceptibility to winter injury, or from a decline of vital nutrients in soils necessary for forest productivity. The same forest areas directly impacted by the effects ofacid deposition are also some of the nation's most pristine wilderness areas (such as the Adirondack Park) and national parks.

National wilderness areas are impacted by nitrates in the atmosphere. NO

x emissions are precursors to small particles that are formed in the atmosphere through chemical reactions with ammonia to form ammonium nitrate. Under certain conditions, nitrate particles in the atmosphere reduce visibility. Sources in New York State contribute to visibility impairment in nearby Class I areas, such as the Lye Brook Wilderness area in southwest Vermont and the Great Gulf Wilderness area in New Hampshire.

COSTS Costs to Regulated Parties and ConsumersUnder the proposed requirements of Part 212, hot mix asphalt production plants will incur costs associated with the analysis and installation of control equipment or implementation of other emission reduction methods. The owner or operator of each existing hot mix asphalt production plant will need to submit an application to modify its permit to the Department by June 1, 2010. Any new hot mix asphalt production plant will account for these requirements in its initial permit application.

For a source featuring a large burner, the owner or operator must develop a control technology assessment which investigates the technical and economic feasibility of installing a low NO

x burner, and alternatively, installing a low NO

x burner in combination with flue gas recirculation (FGR). Potential NO

x reductions from the use of such control technologies are 25 to 40 percent with low NO

x burners alone, and 35 to 50 percent with low NO

x burners and FGR. The cost effectiveness of these technologies typically range from $500 to $1,250 per ton of NO

x reduced for low NO

x burners, and $1,000 to $2,000 per ton of NO

x reduced for low NO

x burners with FGR. 6 These cost data, which include the costs for equipment and installation and maintenance fees, were provided from several burner manufacturers and installation/maintenance companies.

A small burner will be exempt from this control technology assessment requirement, since low NO

x burners and FGR will be technically and/or economically infeasible. For these small burners, an annual burner tune-up will be the required control technique. This will reduce NO

x emissions by approximately 10 percent. Cost effectiveness is estimated to be up to $1,000 per ton of NO

x reduced. 

## NYS Register/December 23, 2009 Rule Making Activities

**17**The Department will review each control technology assessment and will determine which control method is reasonable. The Department will utilize the cost effectiveness values presently accepted for Reasonably Available Control Technology (RACT), as outlined in Air Guide 20, as the threshold for determining economically feasible controls for these hot mix asphalt plants. 7 Installation and testing of these approved controlsmust be completed by January 1, 2012. Sources will also incur some ongoing expenses to maintain this equipment in accordance with manufacturer specifications.

Costs to State and Local Governments This is not a mandate on local governments. Local governments have no additional compliance obligations as compared to other subject entities.

Costs to the Regulating Agency The Department will face some initial labor costs associated with reviewing the permit modification application provided by each hot mix asphalt source (which includes the control technology assessment for sources with large burners). Additional costs may be minimal, as these permits are already modified and reviewed periodically. Staff has up to 45 days to review these applications. The actual number of days required for review will vary depending upon the configuration of the source and the completeness of the application. Once this control assessment has been reviewed and a particular control technology or other emission reduction method is approved by staff, there will be labor costs associated with incorporating such determination into the facility's permit, as well as forreviewing and processing the permit. Associated with this is a cost to publish a public notice for the modification of the permit. This cost varies depending on the scope and location of the publication(s) that carries the notice.

LOCAL GOVERNMENT MANDATES This is not a mandate on local governments. Local governments have no additional compliance obligations as compared to other subject entities.

PAPERWORKOwners or operators at each plant will be required to submit an application to modify the source's permit, including a control technology assessment for sources with large burners. This assessment will consider the technical and economic feasibility of installing a low NO

x burner or a low NO

x burner in combination with flue gas recirculation. This will entail a description of the projected effectiveness of the technologies considered, as well as the costs for the installation and operation of each technology. The permit modification application for sources featuring small burners should include the annual burner tune-up requirement.

Sources will be required to maintain records detailing the equipment installation and fuel usage. Fuel usage records must be maintained for five years and must be made available to the Department upon request.

DUPLICATION Because NO

x emissions from hot mix asphalt production plants are being controlled for the first time, the Department does not believe that duplication of regulatory requirements will be an issue.

ALTERNATIVES The Department evaluated two possible alternatives to the proposed revisions of Part 212:

1. No action. 2. Implementation of the OTC NO

x emission guidelines only at major facilities.

1. No action: The Department has an obligation under the ECL and the Clean Air Act (CAA) to develop programs that protect the air quality in New York State.The CAA requires states to document progress toward and the eventual attainment of the ozone and PM 2.5 NAAQS in each nonattainment area. Progress is measured by the adoption and verification of control programs that will result in appropriate emission reductions in nonattainment areas. If these programs are not implemented, EPA may impose sanctions requisite with a SIP disapproval. These sanctions could include (but are not limited to) a 2-to-1 new source emission offset, followed by the loss of federal highway funds for new projects and the imposition of a Federal Implementation Plan. Failure to make progress or attain the ozone NAAQSwithin the timeframes designated by the CAA will also result in these areas being reclassified, for which the EPA would impose additionalrequirements. Controls on minor hot mix asphalt plants have been identified as technologically feasible and cost effective for reducing NO

x emissions, which will have a positive impact on lowering ambient ozone and PM2.5 concentrations.

2. Implement the OTC NO

x emission guidelines only at major facilities: The partial implementation alternative was rejected because of the insufficient reductions in NO

x emissions that would have been obtained. The current Section 212.10 NO

x requirements affect only major facilities. When Section 212.10 was originally promulgated, all asphalt plantscapped below the major facility emissions threshold. Thus, if the Department did not regulate minor asphalt plants, NO

x emissions from this source category would continue to go uncontrolled. FEDERAL STANDARDSThe addition of control requirements for minor hot mix asphalt production plants is necessary to help realize attainment in New York State's ozone and PM2.5 nonattainment areas by the dates mandated in the CAA.

COMPLIANCE SCHEDULE Owners and operators of hot mix asphalt production plants will be required to submit an application to modify their permit by June 1, 2010, which, for large burners, will additionally include an assessment of potential NO

x control technologies with their related effectiveness and cost. Control equipment or other emission reduction methods approved by the Department must be installed and tested by January 1, 2012.

 1 73 FR 16436, March 27, 2008

2 62 FR 38856, July 18, 1997

3 292 Journal of the American Medical Assn. 2372-78 (Nov. 17, 2004); 170 Am. J. Respir., Crit. Care Med. 1080-87 (July 28, 2004) (observing significant ozone-related deaths in the New York City Metropolitan Area)

4 62 FR 38652, July 18, 1997

5 71 FR 61144, October 17, 2006

6 “Identification and Evaluation of Candidate Control Measures”; Final Technical Support Document. Ozone Transport Commission. February 28, 2007.

7 Air Guide 20 - Economic and Technical Analysis for Reasonably Available Control Technology. http://www.dec.ny.gov/regulations/25210.html. Regulatory Flexibility Analysis

EFFECTS ON SMALL BUSINESSES AND LOCAL GOVERNMENTS

The New York State Department of Environmental Conservation (Department) proposes to revise 6 NYCRR Part 212, ‘‘General Process Emission Sources,’’ to include control requirements for hot mix asphalt production plants. These control requirements will be specifically aimed at reducing emissions of oxides of nitrogen (NO

x) resulting from combustion during the asphalt drying process. The Department finds that reducing NO

x emissions from hot mix asphalt plants is a necessary step in attaining ambient concentrations of ozone and fine particulate matter that are in compliance with the national ambient air quality standards.

All existing hot mix asphalt plants have capped their emissions below the major source threshold in order to avoid the control requirements for major sources under Section 212.10. These new requirements will therefore affect minor sources. The Department recently analyzed its permitting records to establish that approximately 150 hot mix asphalt production plants exist throughout the state, though not all are currently in service. A number of these are represented by small businesses.

This is not a mandate on local governments. Local governments have no additional compliance obligations as compared to other subject entities. They will not face any recordkeeping, reporting, or other requirements.

COMPLIANCE REQUIREMENTS Under the proposed requirements, owners and operators of hot mix asphalt production plants must submit an application to modify their permit. This application must be received by the Department by June 1,2010. For sources with large burners (i.e., greater than or equal to 25 million Btu per hour heat input), the application must include a controltechnology assessment which investigates the technical and economic feasibility and projected efficiency of installing a low NO

x burner, or a low NO

x burner in combination with flue gas recirculation. For sources with small burners (i.e., less than 25 million Btu per hour heat input), an annual burner tune-up will be the required control technique.

The Department will review the permit modification application, along with the technology assessment for large burners, and require the source to install appropriate control equipment or to implement other emission reduction methods such as the annual burner tune-up requirement. NO

x control equipment approved by the Department must be installed and operating by January 1, 2012. Facilities will be required to maintain their control equipment up to manufacturer specifications.

Records detailing the date of equipment installation and fuel usage must be retained by the subject facilities. These fuel usage records are to be retained for five years, and must be provided to the Department upon request.

PROFESSIONAL SERVICES Outside professional consultants may need to be hired to help the impacted facilities conduct the control technology assessment proposed under Section 212.10. If it is determined that NO

x control equipment must be installed, design and construction management services will likely be needed.

COMPLIANCE COSTSUnder the proposed requirements of Part 212, hot mix asphalt production plants will incur costs associated with the analysis and installation of NO

x control equipment, or implementation of other NO

x emission reduction methods. The owner or operator of each existing hot mix asphalt pro

## NYS Register/December 23, 2009 Rule Making Activities

**18**duction plant will need to submit an application to modify its permit to the Department by June 1, 2010. Any new hot mix asphalt production plant will account for these requirements in its initial permit application.

For a source featuring a large burner, the owner or operator must develop a control technology assessment which investigates the technical and economic feasibility of installing a low NO

x burner, and alternatively, installing a low NO

x burner in combination with flue gas recirculation (FGR). Potential NO

x emission reductions from the use of such control technologies are 25 to 40 percent with low NO

x burners alone, and 35 to 50 percent with low NO

x burners and FGR. The cost effectiveness of these technologies typically range from $500 to $1,250 per ton of NO

x reduced for low NO

x burners, and $1,000 to $2,000 per ton of NO

x reduced for low NO

x burners with FGR. 1 These cost data, which include the costs for equipment, installation fees, and annual maintenance fees, were provided from several burner manufacturers and installation and/or maintenance companies.

A small burner will be exempt from this control technology assessment requirement, as low NO

x burners and FGR would likely be technically and/or economically infeasible. For these small burners, an annual burner tune-up will be the required control technique. This will reduce NO

x emissions by approximately 10 percent. Cost effectiveness is estimated to be up to $1,000 per ton of NO

x reduced. It should be noted that a portion of the cost for an annual burner tune-up would potentially be offset with a resulting increase in fuel efficiency.

MINIMIZING ADVERSE IMPACTBecause these proposed requirements are targeted toward minor facilities, a number of small businesses will be affected. The Department plansto perform a case-by-case review in order to avoid unnecessary expenditures that may be inflicted through the imposition of blanket control requirements. In reviewing the control technology assessment submitted by these minor facilities, the Department will consider the technical and economic feasibility of the potential controls. The Department will utilize the cost effectiveness values presently accepted for RACT, as outlined in Air Guide 20, as the threshold for determining economically feasible controls for these hot mix asphalt plants. If emission control technologies are deemed technically or economically infeasible, the Department will consider other reduction methods such as maintenance and operational practices.

SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION

The proposed addition of NO

x control requirements to Part 212 results from a candidate control measure developed by member states of theOzone Transport Commission (OTC). This proposed measure was presented to industry stakeholders at the November 2, 2006 OTC Control Strategy meeting in Baltimore, MD. These stakeholders were given the opportunity to express their impressions and concerns of the candidate control measure. Additionally, a representative from the National Asphalt Pavement Association was present at the 2006 OTC Fall Meeting in Richmond, VA, where this proposed measure was also discussed.

The Department will hold a public comment period and a public hearing for the revisions to Part 212, as required by the State Administrative Procedures Act. This will give local governments a chance to voice their concerns with the rule and allow for further stakeholder input prior to promulgation of the revised rule.

ECONOMIC AND TECHNOLOGICAL FEASIBILITY The case-by-case review process being utilized by the Department will prevent any businesses from facing harmful compliance costs. All control options reviewed should be technically feasible. The Department believes that the various compliance options come at reasonable cost: from $500 to $1,250 per ton of NO

x reduced for low NO

x burners; from $1,000 to $2,000 per ton of NO

x reduced for low NO

x burners with FGR; and approximately $1,000 per ton of NO

x reduced for annual burner tune-ups.

 1 “Identification and Evaluation of Candidate Control Measures,” Final Technical Support Document. Ozone Transport Commission. February 28, 2007. Rural Area Flexibility Analysis

TYPES AND ESTIMATED NUMBERS OF RURAL AREAS AFFECTED

The New York State Department of Environmental Conservation (Department) proposes to revise 6 NYCRR Part 212, ‘‘General Process Emission Sources.’’ The proposed revision will include the addition of nitrogen oxide (NO

x) control requirements for hot mix asphalt productionplants under Section 212.10. The Department recently reviewed its permitting records and determined that approximately 150 hot mix asphalt production plants exist throughout the state, though not all of these are in service. All such plants throughout the state will be affected, regardless of location. Rural areas are not disproportionately affected by these new control requirements under Part 212. COMPLIANCE REQUIREMENTS The new compliance requirements under Part 212 apply uniformly statewide. Under the proposed requirements, owners and operators of hot mix asphalt production plants must submit an application to modify their permit. This application must be received by the Department by June 1,2010. For sources with large burners (i.e., greater than or equal to 25 million Btu per hour heat input), the application must include a controltechnology assessment which investigates the technical and economic feasibility and projected efficiency of installing a low NO

x burner, and a low NO

x burner in combination with flue gas recirculation. For sources with small burners (i.e., less than 25 million Btu per hour heat input), an annual burner tune-up will be the required control technique.

The Department will review the permit modification application, along with the technology assessment for large burners, and require the source to install appropriate control equipment or to implement other NO

x emission reduction methods such as the annual burner tune-up requirement. Control equipment approved by the Department must be installed and operating by January 1, 2012. Facilities will be required to maintain their control equipment up to manufacturer specifications.

Records detailing the date of equipment installation and fuel usage must be retained by the subject facilities. These fuel usage records are to be retained for five years, and must be provided to the Department upon request.

COSTS The owner or operator of each existing hot mix asphalt production plant will need to submit an application to modify its permit to the Department by June 1, 2010. Any new hot mix asphalt production plant will account for these requirements in its initial permit application.

For a source featuring a large burner, the owner or operator must develop a control technology assessment which investigates the technical and economic feasibility of installing a low NO

x burner, and alternatively, a low NO

x burner in combination with flue gas recirculation (FGR). Potential NO

x emission reductions from the use of such control technologies are 25 to 40 percent with low NO

x burners alone, and 35 to 50 percent with low NO

x burners and FGR. The cost effectiveness of these technologies typically range from $500 to $1,250 per ton of NO

x reduced for low NO

x burners and from $1,000 to $2,000 per ton of NO

x reduced for low NO

x burners with FGR. 1 These cost data, which include the costs for equipment, installation fees, and annual maintenance fees, were provided from several burner manufacturers and installation and/or maintenance companies.

A small burner will be exempt from this control technology assessment requirement, as low NO

x burners and FGR would likely be technically and/or economically infeasible. For these small burners, an annual burner tune-up will be the required control technique. This will reduce NO

x emissions by approximately 10 percent. Cost effectiveness is estimated to be up to $1,000 per ton of NO

x reduced. It should be noted that a portion of the cost for an annual burner tune-up would potentially be offset with a resulting increase in fuel efficiency.

The Department will review each control technology assessment and will determine which control method is reasonable. The Department will utilize the cost effectiveness values presently accepted for RACT, as outlined in Air Guide 20, as the threshold for determining economically feasible controls for these hot mix asphalt plants. Installation and testing of these approved controls would need to be completed by January 1, 2012. Sources will also incur some ongoing expenses to maintain this equipment in accordance with manufacturer specifications.

MINIMIZING ADVERSE IMPACT The Department does not expect any adverse impacts on rural areas. Because the proposed asphalt plant requirements are applicable to sourcesstatewide, no rural area will be affected disproportionately. The Department's interpretation of the control technology assessment will not be influenced by the location of a facility, whether it is in a rural, suburban or urban area.

There will be positive environmental impacts from the regulation in rural areas. Rural areas containing applicable sources, as well as rural areas downwind of such sources, should be subject to a decrease in ground-levelozone, airborne particulate matter, and acid deposition due to the reduction in NO

x emissions.

RURAL AREA PARTICIPATION The proposed addition of NO

x control requirements to Part 212 results from a candidate control measure developed by member states of theOzone Transport Commission (OTC). This proposed measure was presented to industry stakeholders at the November 2, 2006 OTC Control Strategy meeting in Baltimore, MD. These stakeholders were given the opportunity to express their impressions and concerns of the candidate control measure. Additionally, a representative from the National Asphalt Pavement Association was present at the 2006 OTC Fall Meeting in Richmond, VA, where this proposed measure was also discussed.

The Department will hold a public comment period and a public hear

## NYS Register/December 23, 2009 Rule Making Activities

**19**ing for the revisions to Part 212, as required by the State Administrative Procedures Act. This will give rural area residents a chance to voice their concerns with the rule and allow for further stakeholder input prior to promulgation of the revised rule.

 1 “Identification and Evaluation of Candidate Control Measures,” Final Technical Support Document. Ozone Transport Commission. February 28, 2007. Job Impact Statement

NATURE OF IMPACT The New York State Department of Environmental Conservation (Department) proposes the addition of nitrogen oxide (NO

x) control requirements for hot mix asphalt production plants under 6 NYCRR Part 212, ‘‘General Process Emission Sources.’’ Owners and operators ofsubject facilities will be required to submit a permit modification application to the Department. For sources featuring a large burner (i.e., a burner with maximum heat input of 25 million Btu per hour or greater), this submittal will include a control technology assessment which will review potential NO

x emission control equipment. Options include a low NO

x burner (at an approximate cost effectiveness of $500 to $1,250 per ton of NO

x reduced) and a low NO

x burner in combination with flue gas recirculation (with approximate cost effectiveness of $1,000 to $2,000 per ton of NO

x reduced). The Department will review the technical and economic feasibility of the different options presented in this assessment todecide upon the appropriate control equipment. The Department will utilize the cost effectiveness values presently accepted for RACT, as outlined in Air Guide 20, as the threshold for determining feasible controls for these hot mix asphalt plants. Owners and operators of sources featuring a small burner (i.e., a burner with maximum heat input less than 25 million Btu per hour) must include in their permit modification application therequirement to perform an annual burner tune-up, which comes at reasonable cost of approximately $1,000 per ton of NO

x reduced.

The Department believes that the proposed NO

x control requirements at hot mix asphalt production plants are necessary components of the ozone and PM2.5 state implementation plans. This control strategy is an outgrowth of ongoing efforts by the Ozone Transport Commission (OTC) to reduce ground-level ozone. At the June 7, 2006 OTC Annual Meeting, OTC member states adopted Resolution 06-02 which set forth guidelines for emission reduction strategies for six source sectors, including asphalt production plants. OTC member states felt that controlling these sources was an effective strategy for the reduction of NO

x , and could be donewithout negatively impacting the success of the industry. The Department's proposed revisions are not expected to have excessive costs resulting in a substantial adverse impact on jobs or employment opportunities in New York State.

CATEGORIES AND NUMBERS OF JOBS OR EMPLOYMENT OPPORTUNITIES AFFECTED

The revisions to Part 212 are not anticipated to have any long-term effects on the number of current jobs or future employment opportunities. In order to comply with the control requirements, subject facilities may be required to purchase and install control equipment, or perform regular burner maintenance. To prevent a source from adopting excessively expensive controls, the planned installation of any control equipment will be reviewed by the Department for economic feasibility.

A short period of increased employment opportunities may occur in jobs associated with air pollution control device installation, including but not limited to construction steel workers, welders, pipe fitters, and electricians. Many hot mix asphalt production plants will be affected by this rule revision. There are approximately 150 such facilities state-wide, though not all are in operation at this time. It is unknown which facilities will find it necessary and feasible to install particular control equipment, and therefore, the department is unable to estimate the actual number of short-term jobs created.

REGIONS OF ADVERSE IMPACT The addition of control requirements for hot mix asphalt productionplants to Part 212 apply statewide. Because these sources are not concentrated heavily in any particular part of the state, these new requirements do not impact any region or area of New York State disproportionately in terms of jobs or employment opportunities.

MINIMIZING ADVERSE IMPACT Owners and operators of hot mix asphalt production plants will be required to submit an application to the Department to modify their permit, which will include a control technology assessment for sources with largeburners. This assessment must investigate the technical and economic feasibility of installing and operating low NO

x burners, or low NO

x burners in combination with flue gas recirculation. By excluding control options itdeems economically infeasible, the Department is ensuring that the applicable facility does not undergo any excessive costs which may adversely impact its ability to operate. By reviewing these assessments on a case-by-case basis, the Department avoids placing uniform standards on all asphalt plants, which could potentially lead to extraneous costs in many instances.

The owner or operator of a source featuring a small burner will be required to perform an annual burner tune-up. This control method is expected to come at reasonable cost, and a portion of this cost would potentially be offset with a resulting increase in fuel efficiency.

SELF-EMPLOYMENT OPPORTUNITIESThe revisions to Section 212.10 are not expected to affect selfemployment opportunities. The case-by-case nature of the requirementsfor hot mix asphalt production plants seeks to prevent any excessive expenditure on NO

x control equipment which would affect such opportunities.



### PROPOSED RULE MAKING HEARING(S) SCHEDULED

Portland Cement Plants and Glass Plants

I.D. No. ENV-51-09-00009-P

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule: Proposed Action: Amendment of Parts 200 and 220 of Title 6 NYCRR. Statutory authority: Environmental Conservation Law, sections 1-0101, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305 and 19-0311 Subject: Portland Cement Plants and Glass Plants. Purpose: To reduce nitrogen oxide emissions from portland cement kilns and glass furnaces. Public hearing(s) will be held at: 2:00 p.m., Feb. 8, 2010 at Department of Environmental Conservation Region 8, Office Conference Rm., 6274 E. Avon-Lima Rd. (Rtes. 5 and 20), Avon, NY; 2:00 p.m., Feb. 9, 2010 atDepartment of Environmental Conservation, 625 Broadway, Public Assembly Rm., 129-B, Albany, NY; and 2:00 p.m., Feb. 10, 2010 Department of Environmental Conservation Annex, Region 2, 11-15 47th Ave., Hearing Rm. 106, Long Island City, NY. Interpreter Service: Interpreter services will be made available to hearingimpaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below. Accessibility: All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment. Substance of proposed rule (Full text is posted at the following State website:www.dec.ny.gov): The proposed Part 200 amendments will adddefinitions for continuous emissions monitoring system (CEMS) certification protocol and continuous emissions monitoring system (CEMS) plan. These definitions are being included under Part 200 for consistency due totheir use in multiple regulations. The proposed revisions will also add references in section 200.9, Table 1.

Current Part 220 will be divided into two sub-parts: 220-1 for portland cement plants; and 220-2 for glass manufacturing plants.

The proposed Subpart 220-1 revisions will include the removal of adefinition, the addition of several new definitions, and revisions to the reasonably available control technology (RACT) requirements for emissions of oxides of nitrogen (NO

x).

Section 220.1 will become section 220-1.1 and will be revised to remove the definition of RACT. RACT is defined in existing Part 200. Also, the revisions will add definitions for clinker, portland cement kiln, and portland cement plant.

Sections 220.2 through 220.5 will become sections 220-1.2 through220-1.5. These sections contain existing requirements for particulate emissions from existing, new, and modified kilns and clinker coolers, opacity limits for portland cement processes, and particulate emissions from dust dumps.

Section 220.6 will become section 220-1.6 and the existing NO

x RACT requirements will be replaced with new NO

x RACT requirements. The proposed revisions require a portland cement kiln owner or operator toperform a facility specific RACT analysis that determines RACT for emissions of NO

x from the kiln, establishes a RACT emission limit(s), identifies the procedures and monitoring equipment to be used to demonstrate compliance with the RACT emission limit(s), and includes a schedule for equipment installation. The RACT analysis will be submitted to the Department for review and approval. Approved RACT determinations will be submitted by the Department to the United States Environmental Protection Agency (EPA) for approval as separate State Implementation Plan (SIP) revisions. The proposed revisions include a kiln shut down 

## NYS Register/December 23, 2009 Rule Making Activities

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