the greenhouse gas (GHG) requirements that have been adopted by the

California 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 York

State 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 to

comply 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, New

York 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 is

not 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 requirements

for 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 on

automobile manufacturers by increasing compliance flexibility by offering them the voluntarily option of demonstrating compliance based on the

total 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 (NOx) 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 (NOx) emission controls for hot mix asphalt production plants.

Purpose: To reduce NOx 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 at

Department of Environmental Conservation, 625 Broadway, Public Assembly Rm. 129B, Albany, NY; 2:00 p.m., Feb. 10, 2010 at 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 hearing

impaired 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 NOx 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 system

and 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 in

which 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 NOx burner and a low NOx burner in combination with a flue gas

recirculation system. The control technology assessment shall include a

description of the projected effectiveness of the technologies considered

and 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 will

be required to maintain records detailing the date of equipment installation and fuel usage. The fuel usage records must be kept on site or in a

specified 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

Rule Making Activities NYS Register/December 23, 2009

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 (NOx) control requirements

for hot mix asphalt production plants, which result from combustion during the asphalt drying process.

This NOx control strategy was introduced by the Ozone Transport Commission (OTC), of which New York State is a member, as an outgrowth of

its 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 NOx control equipment or other NOx 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) formation

from 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 additional

compliance 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 OBJECTIVES

The legislative objectives underlying the above statutes are directed toward protection of the environment and public health. NOx emissions contribute to the formation of both ozone and particulate matter in ambient

air. New York State contains nonattainment areas for the primary and secondary ozone and PM2.5 (both annual and 24-hour) NAAQS.

The proposed NOx controls must be installed and operating by January

1, 2012. This rule will benefit any nonattainment area relying on NOx

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 by

the 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 Department

recently 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 NOx acts as a precursor to particulate

matter, the reduction in NOx resulting from this rule revision will assist in

this area meeting its attainment deadline in 2014.

NEEDS AND BENEFITS

Regulating hot mix asphalt production plants under Part 212 is primarily for the benefit of the various ozone nonattainment areas throughout the

state. NOx 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-CT

nonattainment 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, NOx 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 and

ecosystems, 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 PM2.5.

4 EPA established health and

welfare-based (primary and secondary) annual and 24-hour PM2.5

standards. 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, EPA

also 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 NOx will lead to visibility improvements in many

parts of the U.S. Reductions of NOx emissions will also reduce acidification and eutrophication of water bodies in the region.

Acid deposition is formed from NOx and SO2 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 sensitive

lakes 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 of

acid 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.

NOx 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 Consumers

Under 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 NOx burner, and alternatively,

installing a low NOx burner in combination with flue gas recirculation

(FGR). Potential NOx reductions from the use of such control technologies are 25 to 40 percent with low NOx burners alone, and 35 to 50 percent

with low NOx burners and FGR. The cost effectiveness of these technologies typically range from $500 to $1,250 per ton of NOx reduced for low

NOx burners, and $1,000 to $2,000 per ton of NOx reduced for low NOx

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 NOx 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 NOx emissions by

approximately 10 percent. Cost effectiveness is estimated to be up to

$1,000 per ton of NOx 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 controls

must 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 for

reviewing 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.

PAPERWORK

Owners 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 NOx burner or a low

NOx 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 NOx 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 NOx 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 PM2.5 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 NAAQS

within the timeframes designated by the CAA will also result in these areas being reclassified, for which the EPA would impose additional

requirements. Controls on minor hot mix asphalt plants have been identified as technologically feasible and cost effective for reducing NOx emissions, which will have a positive impact on lowering ambient ozone and

PM2.5 concentrations.

2. Implement the OTC NOx emission guidelines only at major facilities:

The partial implementation alternative was rejected because of the

insufficient reductions in NOx emissions that would have been obtained.

The current Section 212.10 NOx requirements affect only major facilities.

When Section 212.10 was originally promulgated, all asphalt plants

capped below the major facility emissions threshold. Thus, if the Department did not regulate minor asphalt plants, NOx emissions from this source

category would continue to go uncontrolled.

FEDERAL STANDARDS

The 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 NOx 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 (NOx) resulting from combustion during the asphalt drying process. The Department finds that reducing

NOx 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 control

technology assessment which investigates the technical and economic feasibility and projected efficiency of installing a low NOx burner, or a low

NOx 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. NOx

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 NOx control equipment must

be installed, design and construction management services will likely be

needed.

COMPLIANCE COSTS

Under the proposed requirements of Part 212, hot mix asphalt production plants will incur costs associated with the analysis and installation of

NOx control equipment, or implementation of other NOx emission reduction methods. The owner or operator of each existing hot mix asphalt proRule Making Activities NYS Register/December 23, 2009

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 NOx burner, and alternatively,

installing a low NOx burner in combination with flue gas recirculation

(FGR). Potential NOx emission reductions from the use of such control

technologies are 25 to 40 percent with low NOx burners alone, and 35 to

50 percent with low NOx burners and FGR. The cost effectiveness of these

technologies typically range from $500 to $1,250 per ton of NOx reduced

for low NOx burners, and $1,000 to $2,000 per ton of NOx reduced for

low NOx 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 NOx 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 NOx emissions by approximately 10 percent. Cost effectiveness is estimated to be

up to $1,000 per ton of NOx 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 IMPACT

Because these proposed requirements are targeted toward minor facilities, a number of small businesses will be affected. The Department plans

to 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 NOx control requirements to Part 212 results

from a candidate control measure developed by member states of the

Ozone 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 NOx reduced for low NOx burners; from $1,000 to

$2,000 per ton of NOx reduced for low NOx burners with FGR; and approximately $1,000 per ton of NOx 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 (NOx) control requirements for hot mix asphalt production

plants 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 control

technology assessment which investigates the technical and economic feasibility and projected efficiency of installing a low NOx burner, and a low

NOx 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 NOx 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 NOx burner, and alternatively,

a low NOx burner in combination with flue gas recirculation (FGR).

Potential NOx emission reductions from the use of such control technologies are 25 to 40 percent with low NOx burners alone, and 35 to 50 percent

with low NOx burners and FGR. The cost effectiveness of these technologies typically range from $500 to $1,250 per ton of NOx reduced for low

NOx burners and from $1,000 to $2,000 per ton of NOx reduced for low

NOx 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 NOx 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 NOx emissions by approximately 10 percent. Cost effectiveness is estimated to be

up to $1,000 per ton of NOx 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 sources

statewide, 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-level

ozone, airborne particulate matter, and acid deposition due to the reduction in NOx emissions.

RURAL AREA PARTICIPATION

The proposed addition of NOx control requirements to Part 212 results

from a candidate control measure developed by member states of the

Ozone 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 hearNYS 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 (NOx) control

requirements for hot mix asphalt production plants under 6 NYCRR Part

212, ‘‘General Process Emission Sources.’’ Owners and operators of

subject 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 NOx emission control equipment. Options include a low NOx

burner (at an approximate cost effectiveness of $500 to $1,250 per ton of

NOx reduced) and a low NOx burner in combination with flue gas

recirculation (with approximate cost effectiveness of $1,000 to $2,000 per

ton of NOx reduced). The Department will review the technical and economic feasibility of the different options presented in this assessment to

decide 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 the

requirement to perform an annual burner tune-up, which comes at reasonable cost of approximately $1,000 per ton of NOx reduced.

The Department believes that the proposed NOx 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 NOx, and could be done

without 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 production

plants 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 large

burners. This assessment must investigate the technical and economic feasibility of installing and operating low NOx burners, or low NOx burners

in combination with flue gas recirculation. By excluding control options it

deems 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 OPPORTUNITIES

The revisions to Section 212.10 are not expected to affect selfemployment opportunities. The case-by-case nature of the requirements

for hot mix asphalt production plants seeks to prevent any excessive expenditure on NOx 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 at

Department 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 hearing

impaired 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 add

definitions 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 to

their 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 a

definition, the addition of several new definitions, and revisions to the reasonably available control technology (RACT) requirements for emissions

of oxides of nitrogen (NOx).

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 through

220-1.5. 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 NOx RACT

requirements will be replaced with new NOx RACT requirements. The

proposed revisions require a portland cement kiln owner or operator to

perform a facility specific RACT analysis that determines RACT for emissions of NOx 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

Rule Making Activities NYS Register/December 23, 2009

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