SJ'ATE OF NEW YORK

IlEPAR'IMENI' OF ENVIRrnMENI'AL CCXilSERVATICN

In tile Matter

- of tile -

PRDrosED REVISICNS 'ID SEVERAL PARTS

OF TITLE 6 OF 'mE

OFFICIAL CXMPIIATION OF CODPS,

ROLFS AND RillJIATICNS OF 'mE

SI'lITE OF NEW YORK BY SI'AFF OF 'mE

NYS IlEPAR'IMENI' OF ENVIRCi'iIMENI'AL CCXilSERVATICN,

INCLUDING PARTS 200, 201, 212, 218, 220,

228, 234 AND SUBPARTS 201-3, 227-2

AND RELI'illID REVISICNS 'ID 'mE SI'lITE

IMPLEMENrATION PIAN (SIP)

Held on: February 9, 2010

Before: Elizabeth Partlett

Hearing Officer

New York State Departrrent of Ehvir=tal Conservation

Office of Hearings andM=di.ation SeI:Vices

625 BroadlM3:y, 1st Floor

Albany, New York 12233-1550

(518) 402-9003

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IlEARIN3 OFFICER BARTLE'IT: It is now 5

after 2. I would like to call this hearing to

order. I am Elizabeth Bartlett. I'll be serving

today as the hearing officer for the New York State

Department of Environmental Conservation in this

matter.

This is an administrative hearing with a

legislative format before the New York State

Department of Conservation in the matter of

proposed revisions to several parts of Title 6 of

the Official Compilation of Codes, Rules and

Regulations of the State of New York by the staff

of the New York State Department of Environmental

Conservation, including Parts 200, 201, 212, 218,

220, 228, 234 and Subparts 201-3 and 227-2.

This hearing will also address any related

revisions to the State Implementation Plan,

comnonly referred to as the SIP.

Statements are not given under oath, nor

will there be any cross-examination today.

All persons, organizations, corporations,

or government agencies that may be affected by the

proposed provisions are invited to sul::rnit either

written or oral statements. All statements taken

tqday, whether written or oral, will be

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incorporated into the official record of this

proceeding.

I ask that anyone here today who wishes to

make an oral statement please fill out one of these

cards and return it to me.

There will be a total of three hearings

held regarding these matters. A hearing was

previously held yesterday, MOnday, February 8,

2010, at 2:00 p.m.. at the New York State DEC,

region 8 office, conference room, at 674 East Avon

Lima Road, Avon, New York 14414. Another hearing

will be held tOIIDrrow, Wednesday, February 10,

2010, at 2:00 p.m. again at the New York State DEC

Offices in region 2 in the annex, 1115 47th Avenue,

hearing room 106, Long Island City, New York 1110l.

It is not necessary to attend all the

hearings since a C\lIlUllative report will be

prepared.

Notice of these public hearings was

published on· December 23, 2009 in both the

Environmental Notice Bulletin and the State

Register. Notices were also published on the same

date in the New York Post, Newsday, the Albany

Times union, the Glens Falls Post Star, the

Syracuse Post Standard, the Rochester Dernoc;rat and

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Chronicle, and the Buffalo Evening News. Copies of

the affidavits of publications are available for

these notices if you wish to see them.

The comment period on these matters will

remain open until 5:00 p.m. on February 17, 2010.

This hearing addresses several proposed

revisions, each with a different contact person who

will be compiling the record. Should anyone wish

to give written statements after today, the

appropriate staff person who should receive the

comments for each proposed revision and their

contact information has been published as part of

the hearing notices.

In addition, I have copies of that

information available here today, and we will give

that information verbally during the Department

statements.

Written statements received at any time

during the public conment period, whether it's

today or later on, will be given equal rate as

statements during the hearing.

Again, I ask that anyone here today who

wishes to make an oral statement please fill out

one the cards and return it to me.

we have made arrangements for a

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stenographer here to record these hearings. If you

will be reading a prepared statement, please read

it slowly and, if possible, please leave a copy

with the reporter. If you leave a copy of your

statement with the reporter and you would like it

returned, leave your address with the reporter and

it will be returned to you.

If your statement is lengthy, and if you

would prefer, you may summarize your statement

verbally today and provide a written copy of your

statement for inclusion in the record.

During this hearing, I will first ask those

Department staff who have prepared a statement

regarding. today' s matter to make their

presentation. Then, of those people who returned a

card to .me for the purpose of letting me know that

they wish to speak today, I will first call elected

federal, state, or county officials to speak, and

then I will call everyone here who wishes to speak

in the order in which I have received the cards.

At this time. has everyone who wishes to

give a statement today given me a card? Okay.

Is there anyone here at this time who has a

corrpelling reason that makes it necessary for them

to give their statement now, and be on their way.

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or can everyone accept the order that I have

described? Okay.

I will now begin with the prepared

statements given by the Department staff. I will

first ask Scott Griffin to speak regarding 6NYCRR

Part 212. And following Scott, I will be calling

Jeff Marshall.

MR. GRIFFIN: Good afternoon, my name

is Scott Griffin. I am an Environmental Engineer

for the New York State Department of Environmental

Conservation in the Division of Air Resources.

The New York State Department of

Environmental Conservation (or the Department) is

proposing to revise 6 NYCRR Part 212, General

Process Emission Sources. This revision will add

requirements for nitrogen oxide or (NOx) reductions

at hot mix asphalt production plants throughout the

State. The Department is proposing this regulatory

revision in order to help meet the increasingly

stringent National Ambient Air Quality Standard for

ozone.

NOx emissions result from the operation of

a burner, which dries and heats the aggregate. The

revised regulation contains separate control

requirements for small and large asphalt plant

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burners. The minimum requirement will be an armual

burner tune-up; operators of large burners will

need to· analyze the technical and economic.

feasibility of additional NOX controls. The owner

or operator of a hot mix asphalt production plant

will be required to submit an application to the

Department to modify its permit to address these

new control requirements by June 1, 2010. Any

control equipment or other emission reduction

methods approved by the Department must be

installed or implemented by January 1, 2012.

The Department will be accepting comments

on this rule-making through 5 p.m. on February 17,

2010. Public notices to this effect have been

published in the Environmental Notice Bulletin, the

State Register, and various newspapers around the

state. The proposed rule is available for the

review at the Department's website'S,

www.dec.ny.gov, and at the Department's Regional

Offices. For answers to any questions regarding

this rule-making, you can contact me, Scott

Griffin, at (518)402-8296 or

212asph@gw.dec.state.ny.us. Thank you.

HEARn:K; OFFICER BARTIE'IT: Thank you,

Mr. Griffin. Next will be Jeff Marshall, and

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following Jeff will be Rick Leone.

MR. MARSHALL: Hello, my name 1S Jeff

Marshall. I'm an environmental engineer for the

New York State Department of Erwiromnental

Conservation, Division of Air Resources.

The pUrpose of this legislative hearing is

to solicit comments on the proposed revisions to 6

NYCRR Part 218, Emission Standards for Motor

Vehicles and Motor Vehicle Engines, and Part 200,

Referenced Material.

Section 177 of the Clean Air Act provides

that states may adopt the California new vehicle

emission standards provided that these standards

are identical to California's. New York adopted

the California low emissions vehicle program in

1992 for passenger cars and light-duty trucks. New

York has revised the LEV program periodically since

1992, with changes occurring in 2005 to incorporate

motor vehicle greenhouse gas emission standards.

New York State is now proposing to adopt

California's most recent amendments to its

greenhouse. gas standards. The proposed amendments

would provide manufacturers with the option of

demonstrating conpliance with the fleet average

greenhouse gas emission standards based on sales of

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passenger cars, light-duty· trucks, and medium-duty

passenger vehicles in New York, California, and all

other states that have adopted the California

greenhouse gas standards under Section 177. The

greenhouse gas standards would take effect for all

2009 and subsequent model year passenger cars,

light-duty trucks and medium-duty passenger

vehicles.

Adoption of the greenhouse gas standards is

not expected to negatively impact jobs and

employment opportunities in New York. Automotive

affiliated businesses compete within the state and

generally are not subject to competition from

out-of-state businesses. The regulations are not

expected to impose a competitive disadvantage on

these affiliated businesses. Reporting and

compliance documentation is the same as that

already required for California and certified

vehicles sold in New York and is not expected to be

burdensome.

Copies of the propcsed draft Part 218

regulation and related regulatory suppcrt documents

are available at the Department's website and from

the Department's central and regional offices.

Comments will be receiVed by the Department

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Ill1til 5:00 p.m. on Februazy 17, 2010. Thank you.

HEAJUN:j OFFICER BARTLE'IT: Additional

written comments may be suhnitted to Mr. Marshall.

They may be mailed to NYS DEC, Division of Air

Resources, 625 Broadway, Albany, New York

12233-3255, and they may be e-mai1ed to

218ghg@gw.dec.state.ny.us.

Next, Mr. Leone, and following Mr. Leone

Mr. Leone, sorry about that, it will be Mike

Jennings.

MR. LIDNE: Thank you, Ms. Bartlett.

Good afternoon. My name is Rick Leone. I am an

environmental engineer in the Division of Air

Resources.

This public hearing is one of the three

scheduled for the purpose of receiving statements

and comnents Ill1der the Department of Environmental

Conservation's (the Department) Department's

proposal to amend pait 200 "General Provisions" and

Part 220 "Portland Cement Plants" of Title 6 of the

Official Compilation of Codes, Rules and

Regulations of the State of New York and associated

revisions to the State Implementation Plan, SIP.

The proposed rule amendments when finalized will be

included in the SIP upon approval by the united

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States Envirornnenta1 Protection Agency (EPA).

The Department is proposing to revise 6

NYCRR Parts 200, General Provisions, and 220,

Portland Cement Plants. The current Part 220 will

be divided into two sub-parts: 220-1 for Portland

Cement Plants, and 220-2 for glass manufacturing

plants. In addition to other requirements, the

existing regulation imposes Reasonably Available

Control Technology (RAer) requirements on emissions

of oxides of nitrogen (NOX) from Portland cement

kilns. The existing N)x RAer requirements for

portland cement kilns have been in place since

1995. The Department is proposing to revise Part

220 to require updated N)x RAer for cement kilns at

portland cement plants, Subpart 220-1, and to

require N)x RAer for glass furnaces at glass

plants, Subpart 220-2. The proposed revisions will

apply to major facilities only. Major facilities

are those that have a potential to emit N)x in

excess of a 100 tons per year Upstate and 25 tons

per year in the Downstate area. In addition to the

proposed revisions to Part 220, the Department is

also proposing to revise Part 200 by adding two

definitions: Continuous emissions of momtaring

system certification protocol and continuous

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emissions monitoring system plan.

The Department is taking a RACl' approach

that requires a facility -- that requires a

facility specific analysis. The plant owner or

operator will be required to perform a facility

specific RAcr analysis that determines RAcr for

emissions of NOx, establishes a NOx RAcr emission

limit, or limits, identifies the procedures and

monitoring equipnent to be used to demonstrate

compliance with the NOx RAcr emission limit, or

limits, and includes a schedule for any equipment

installation. The proposed NOx RAcr implementation

date is July 1, 2012. The RAcr analysis will be

suhnitted to the Department for review and

approval. The proposed revisions of Part 200

excuse me. The proposed revisions to Part 220

include the option of allowing the facility to rely

on a permit condition that requires the future

shutdown of a subject source at the facility.

Under the proposed shutdown option, a facility that

obtains a permit condition that requires the

shutdown of a source by a specific date will not be

required to conduct a RAcr analysis or comply with

.the proposed continuous emissions monitoring

systems requirements. The continued operation of

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the source will be allowed 1ll1til the ~"Ox RACT

implementation date.

In terms of air remission reductions, the

intent of the proposed the revisions to Part 220 is

to establish NOx RACT emission limits at each

facility based upon current -- based upon a current

RACI' evaluation. The approved RACT determinations

will be subnitted by the Department to the EPA for

approval at separate SIP NOx RACT emission limits

at each facility.

The adoption of this regulation is a

necessary part of the State Implementation Plan,

which New York has developed to demonstrate

compliance with the Clean Air Act and EPA

regulations. The proposal represents New York

State's implementation of those measures needed to

meet the national ambient air quality standards, as

well as to safeguard the health and welfare of its

population, while also promoting economic growth.

The Department will provide a written

response to conrnents received or provided at these

hearings. Requests for information and comments

related to Part 220 and Part 200 proposed revisions

may be directed to me Rick Leone at New York State

DEC, Division of Air Resources, 625 Broadway,

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Albany, New York 12233-3254; by telephone

(518)402-8403; or e-mail at 220cement@gw.

Dec.state.ny.us. All the rule-making documents

associated with this rule-making proposal are

available at the Department's website. written

statements may be submitted to the Department at

the above address until 5:00 p.m., Wednesday,

February 17, 2010.

Thank you for attending the hearing.

HEARIN3 OFFICER BARTLETT: Thank you,

Mr. Leone. Next Mr. Mike Jermings, who will then

be followed by Mr. Ralph Itzo.

MR. JENNINGS: Good afternoon. My

name is Mike Jermings I and I am an environmental.

engineer in the Division of Air Resources.

'This public hearing is one of three

scheduled for the purposes of receiving statements

and comments on the Department Environmental

Conservation, (the Department's) proposal to amend

Part 200, "General Provisions," Subpart 201-3,

"Exemptions and Trivial Activities" and part

SUbpart 227-2, "Reasonably Available Control

Technology," or (RACT) , "for OXides of Nitrogen,"

(NOX) , of Title 6 of the Official Compilation of

Codes, Rules, Regulations from the State of New

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York and associated revisions to the State

Implementation Plan or (SIP). The proposed rule

amendments, when finalized, wi1i be included in the

SIP upon approval by the United States

Environmental Protection Agency.

SUbpart 201-3 is being revised to lower the

applicability thresholds for the exemptions from

permitting requirements for certain stationary or

portable combustion installations. The exemption

will now apply to all stationary or portable

combustion installations· whose heat input is less

than 10 mnBtu' s per hour. The current

applicability threshold is 20 mnBtu' s/per hour heat

input for those installations found outside the

downstate New York City area that is classified in

the severe non-attainment for one-hour ozone

national ambient air quality standards.

SUbpart 227-2 is being revised in a number

of significant ways. The emission limits for very

large boilers, large boilers, midsize boilers and

small boilers are being made more stringent. For

each· combined cycle combustion turbine, SUbpart

227-2 will now require a case-by-case RACT analysis

and perfonned to determine what constitutes RACT

for a particular turbine. SUbpart 227-2 will now

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include shutdown and system-wide averaging

compliance options for all subject sources. Owners

and operators of sources subject to SUbpart 227-2

must submit by January 1, 2011 either a complete

application for a permit or RACT analysis that

explains the controlled technology of the facility

currently employs and that it should still be

considered RACT for that source. Sources subject

to the new emission limits must demonstrate

compliance by July 1, 2012 unless the source relies

on the shutdown compliance option, which provides

that the shutdown must occur no later than on

December 31, 2012. Several definitions will be

rerroved from Part 227-2 and transferred to Part

200, thus making those definitions generally

applicable to all of the Department's air pollution

control regulations.

On May 31, 2008, prior to the start of the

present formal rule-making process conducted

pursuant to the State Administrative Procedures

Act, the Department convened a stakeholder meeting

to discuss the rule-making. The comments received

from the stakeholder meeting were considered in

developing this proposal.

Those provisions will amend regulations

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that are essential components of the SIP that New

York has developed to comply with the requirements

of the federal Clean Air Act. The revisions are

part of New York State's implementation of certain

measures needed to meet the national ambient air

quality standards for ozone. Implementation of

these measures will help safeguard public health

and welfare while also promoting economic growth.

The Department will provide a written

response to comments received or provide -- or

provided at these hearings. Anyone who wishes to

obtain information or submit comments related to

Subpart 227-2, Part 200 and/or Subpart 201-3 you

may contact me Mike Jennings at New York State DEC,

Division of Air Resources, 625 Broadway, Albany,

New York 12233-3254, or by telephone at

(518)402-8403, or you may e-mail us at

227ract@gw.dec.state.ny.us or you can visit the

Department's website to look at the rules and

supporting documents. Thank you for attending the

hearing.

HEARING OFFICER BARTLETT: Thank you,

Mr. Jennings. Next will be Ralph Itzo, and

following Mr. Itzo will be Mr. John Henkes.

MR. ITZO: Good afternoon, my name is

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Ralph Itzo. I am an environmental engineer with

the New York State Department of Environmental

Conservation's, Division of Air Resources.

On December, 23, 2009 the Department

proposed amendments-to Parts 200 and 228 of Title 6

of the Codes, Rules, and Regulations of the State

of New York to reduce ozone precursor emissions

from commercial and industrial adhesives, sealants,

and primers. This regulation will result in lower

ambient ozone levels. And ozone -- ozone is fonned

in the atmosphere by a variety of photochemical

reactions involving volatile organic corrpounds

voc 's and nitrogen oxides NOx in the presence of

sunlight and warm tanperatures. Ground level

ozone, a respiratory irritant, aggravates

respiratory conditions like chronic lung and heart

diseases, allergies and asthma. Ozone damages the

lungs and may contribute to lung disease.

Children, because of their developing respiratory

systems and the fact that they play outdoors in the

summer, are more susceptible to ozone pollution

than adults.

The adoption of the revisions to Part 228

will assist the Department in attaining the Ozone

National Ambient Air Quality Standards and NAAQS.

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On April 30, 2004 the United States Environmental

Protection Agency, EPA published a final rule

designating -- designating and classifying all

non-attainment areas for the 1997, 8-hour ozone

national ambient air quality standard (that is the

8-hour ozone NAAQS). For the various

non-attainment areas in New York State, New York

State Department of Environmental Conservation is

required to submit revisions to the State

Inplementation Plan (SIP) that show that New York

State will attain the 8-hour ozone NAAQS by the

applicable date, and that the date is making

reasonable progress toward this goal. These SIP

.revisions must include the establishment of new or

revised control requirements for emissions of the

precursors of ground-level ozone pollution: NOx and

VOCs. The Department has listed this proposed

regulatory revision for commercial and industrial

adhesives, sealant~ and primers as a measure that

would help progress toward attainment in SIPs

alreadY submitted to EPA for the New York, Northern

New Jersey, Long Island, and PoughkeePsie

non-attainment areas.. This rule or revision will

also be included in the SIPs for the Jamestown and

Buffalo, Niagara Falls non-attainment areas.

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Additionally, these more stringent requirements for

production and use of commercial and industrial

adhesives, sealants and primers will prove a

necessary component of realizing the recently

announced 2008 NAAQS for ozone, which will require

that ambient concentrations throughout the state

meet a 0.075 ppm standard.

For guidance in regulating VOC emissions

from the commercial, and industrial adhesives,

sealants and primers category, EPA issued the

Control Technique Guideline, CTG document "Control

Techniques Guidelines for Miscellaneous Industrial

Adhesives." This CTG is intended to provide state

and the local air pollution control authorities the

information to assist them in determining

reasonable available control technology RACT for

VOC's from miscellaneous industrial adhesive

application processes. The RAe!' adopted by this

CTG was prepared by the California Air Resources

Board (CARS) in 1998. In the years 1998 to 2001,

the provisions of the CARE determination were

adopted in regulatory form in various air pollution

control districts in California including the Bay

Area, Ventura County, Sacramento Metropolitan'S and

San Joaquin Valley. And in 2006 the Ozone

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Transport Commission (arc) established an Adhesives

and Sealants workgroup, made up of arc member

states in order to develop a regional program for

the commercial industrial adhesives, sealants and

primer's category. The workgroup utilized the

existing CARE program as the basis for its 2006

Adhesives and Sealants Model Rule. The OTC process

included member states working together along with

the input provided by stakeholders.

The arc model rule limits vex:. emissions

fram commercial and industrial adhesives, sealants

and primers. The model rule achieves vex:.

reductions through two basic components: Sale and

manufacture restrictions that limit the VOC content

of specified adhesives, sealants and primers sold

in this state; and use restrictions that apply

primarily to commercial/industrial applications.

By reducing the availability of higher VOC content

adhesives and sealants within the state, this sales

prohibition is also intended to address adhesives

and sealant usage at area sources. Fmissions from

residential use of regulated products are addressed

through the sales restrictions and simple use

provisions.

The Department is basing the provisions to

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Part 228, Commercial and Industrial, Adhesives,

Sealants and Prilllers on the 2006 arc Adhesives and

Sealants Model Rule for the implementation options

mentioned above. These revisions will result in

approxilllately 12.2 tons per today of VOC emission

.reductions in the year 2012 for the SIP, while

providing the regulated corrmunity and the states

with regional unifonnity and consistency across the

Northeast. The revisions to Part 228 will apply to

any person who sells, supplies, offers for sale, or

manufactures for sale in New York State, any

adhesive, sealant, adhesive prilller or sealant

prilller for use in New York State. These revisions

will also apply to any person who uses or applies

any adhesive, sealant, adhesive prilller or sealant

prilller within New York State. The revisions to

Part 228 contain VOC content lilllits on adhesive,

sealant and sealant prilller product categories. To

maximize consistency, VOC content lilllits for

specific product categories are identical to those

product categories regulated under CARB.

Manufacturers can ensure compliance with the VOC

content limits by reformulating products and/or

substituting products with cOIIVliant products that

are already on the market.

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To assure the continuation of the

achievement of quality construction in the State of

New York until alternative low VOC products become

available, a phased-in seasonal implementation

shall be provided. As a result, this "phase-in"

provision applies to the use and sale of adhesives,

sealants, and primers for use with single-ply

roofing memhranes, and permissible time periods for

the manufacture, sale and distribution of the

existing adhesives, sealants, and primers. Also, a

four month product "sell-through" period shall be

allowed for any commercial and industrial adhesive,

sealant, adhesive primer or sealant primer

manufactured before the effective compliance dates

and VOC content limits adopted in the new Part 228.

The overall estimated cost-effectiveness of

the revisions to Part 228 ranges from $265 to

$2,320 per ton of VOC reduced. Although Va::.

adhesives are at present time more expensive to

make, the cost is no more than five percent higher

than conventional adhesives.

The Department proposes to amend Part 200

to incorporate bY reference all applicable test

methods, regulations, and procedure documents.

The Department will be accepting comments

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on this rule-making through 5:00 p.m. on

February 17, 2010. A copy of the propOsed rule 1S

available for viewing at the Department website

http.www.dec.ny.gov/regulations/60692.html, I may

be reached at area (518)402-8403 to answer any

questions regarding this rule-making. Thank you.

HEAR:rn::; OFFICER BARTLETT: Should you

wish to e-mail Mr. Itzo any comments or questions

his e-mail addressis228sct@gw.dec.state.ny.us.

Next speaking for the Department is John Henkes.

MR. HENKES: Thank you, Ms. Bartlett.

Good afternoon. My name is John Henkes. I am an

environmental engineer with the Division of Air

Resources.

This public hearing is one of three

scheduled to receive statements and comments on the

Department of Environmental Conservation or (the

Department) for the Department's proposal to amend

Part 200 "General Provisions," Part 201 "Permits

and Registrations" and Part 234 "Graphic Arts" of

Title 6 of the Official Compilations of Codes,

Rules, and Regulations of the State of New York,

and associated revisions of the State

I!lillementation Plan or SIP. The proposed rule

amendments when finalized will be included in the

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SIP upon approval by the united States

Envirorunenta1 Protection Agency or EPA.

The proposal will update two references in

Table 1 of Section 200.9 to reflect the 2006 Code

of Federal Regulations. The proposed amendments to

Part 201 -revise the criteria for a graphic arts

process to obtain an exemption at 201-3.2(c) (13).

In order to qualify for the exemption, graphic arts

processes must be located outside a severe ozone

non-attairunent area and have facility-wide volatile

organic compound or VOC emissions less than three

tons pet year on a 12-month rolling basis. This

exemption is currently 20 pounds per day or 3.65

tons per year. Also amended is a trivial activity

listed at 201-3.3(c) (23) to delete "Letter Press

Operations" and add uProof Press Operations." The

proposed Part 234 revisions expand the regulation's

applicability to include letter press printing and

establish more-stringent Reasonably Available

Control Technology or RACT requirements on

facilities that engage in flexographic, offset

lithographic and rotogravure prin!:ing. The

proposed revisions also impose new requirements for

graphic arts coatings and adhesives, and_cleaning

solutions used in letter press and offset the

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lithographic printing.

The language of proposed Section 234.1,

General Applicability and Exemptions, will be

revised to expand the applicability of the

regulation. Currently, Part 234 applies to

facilities in severe ozone non-attainment areas and

all major facilities or (facilities with the

potential to emit 25 tons of VOC or more per year

in lower the Orange County, and 50 tons of VOC or

more per year in the rest of the state.) under the

revisions, any graphic arts facility that is

located in a severe ozone non-attainment area, or

any facility with annual VOC emissions of 3 tons or

more on a l2-month rolling basis, is subject to all

requirements of Part 234 as specified. Further,

any facility in a ozone severe non-attainment area,

all major facilities, and any emission unit which

has the potential to emit 25 tons or more a year of

VOC, will be required to use low VOC content inks,

coatings, and adhesives; or use add on controls to

limit emissions. Facilities that are located

outside the severe ozone non-attainment with annual

VOC emissions less than 3 tons on a rolling

l2-month basis are only subject to the proposed

requirements of Sections 234.5 Prohibition of sale

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or specification; 234.6 Handling storage and

disposal of VOC's; 234.7 Recordkeeping; and 234.8

Opacity.

The adoption of these regulations is a

necessary part of the State Implementation Plan

which New York has developed to demonstrate

corrpliance with the Clean Air Act, and EPA

regulations and Control Techniques Guidelines. The

proposal represents New York State's implementation

of those measures needed to meet the national

ambient air quality standards, as well as to

safeguard the health and welfare of its population,

while also prorncting economic growth.

The Department will provide a written

response to comments received and provided at these

hearings. Requests for information and COImlents

related to the Part 234, 201, and 200 proposed

revisions may be directed to myself John Henkes at

NYS DEC, Division of Air Resources, 625 Broadway,

Albany, New York 12233-3254, by telephone at area

code (518)402-8403, or e-mail at 234arts that's

234arts@gw.dec.state.ny.us. All the rule-making

documents associated with this rule-making proposal

are all available at the Department's website.

Written statements may be sulroitted to the

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Department at the above address, until 5:00 p.m.,

Wednesday, February 17, 2010. Thank you for

attending and sharing.

HEARING OFFICER BARTLEIT: Thank you,

Mr. Henkes. Is there anyone else who has prepared

a statement on the behalf of the Department that I

have not called? Okay. At this point, I will now

move over to the public speakers, has everyone here

who wishes to speak given me a card? Okay. The

first person I will call is Bob Yaremko,

co-speaking on behalf of Peckham· Industries.

MR. YAREMKO: Good afternoon. My name

is Bob Yaremko, and I have worked as a professional

engineer in the hot mix asphalt industry, also

known as 1lMA, for the past 25 years.

First, I would like to thank the Department

for this opportunity to comment on the proposal

regulations that will affect the facilities that we

run and in particular the burners in our plants.

As way of background the company that I work for,

Peckham Industries, Inc., a New York family owned

business, has been in the road building and asphalt

industry since 1924. We currently own and operate

11 hot mix asphalt plants in New York State. As an

engineer in the industry, I certainly share the

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Department's concern over air pollution, and as a

father desire a cleaner environment for the future

generations living in our states. That said, I

have strong concerns over the recently proposed

regulations concerning HMA plant low NOx burners.

As drafted, it appears that these regulations have

had little if any input from the owner and

operators of HMA plants or even the manufacturers

of the low NOX burners. While meeting such as

these do allow for public comment, the issue at

hand can only be properly addressed with meaningful

dialogue between the Department and our industry.

As a group, the majority of HMA producers in the

state are members of and well represented by our

trade association known as the New York State

construction Materials Association. This

association, which the Department has believe

which, I believe, the Department has recently met

with over these proposed regulations, brings

together some of the most prominent people in our

industry and has a well-established working

relationship with the state through the

Department's of New York State DEC and New York

State DOT. I would calIon regulators to continue

to work with our association in order to draft

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meaningful regulationS that will lower plant

emissions by using all available options.

The current proposed regulations call for

an assessment of our liMA plants by June of this

year. At an estinated cost of possibly up to

$200, 000 per facility, my company alone is looking

at a potential investment of over two million

dollars to switch burners at all of our facilities.

I have strong concerns that we will be forced into

costly plant modifications, while there are other

available options that can result in even greater

plant emission reductions. I will ask you to

consider this question, if someone came to you

today and mandated lower emissions for your car,

would the answer be replacing the engine? There

are many ways of reducing emissions from a liMA

plant and while the proposed regulations bring

light to a few, they are missing key issues that

as -- that as an industry we are addressing

globally. Probably the most important such 1ssue

is the use of warm mix asphalt. This technology,

originally used in Europe, allows for the

production of material, known as warm mix asphalt,

at temperatures some 50 to 100 degrees lower than

conventional liMA. As I see it, the Europeans, who

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have been stretched even more than our country by a

weak economy, look more at science to solve their

problems versus throwing money at a quick fix.

Simply put warm mix' asphalt is produced using less

fuel then conventional liMA, which results in lower

emissions. If we had the New York State DOT

accelerate their use of warm mix asphalt, our

industry could easily see emission reductions that

will far out weigh the use of low NOX burners, at

less cost to the public. The science is proven, it

1S a relatively simple solution and at this time it

is -- and it is time for us to take hold of it and

lead the state into the future.

I will call on the Department to challenge

our industry and the New York State DOT to develop

meaningful changes to .our industry. Working

together government agencies and industry can make

meaningful change that will allow our industry to

19 continue to make quality, economic economical

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material that will allow the state to maintain and

build our infrastructure well into the future.

Thank you, for your consideration.

HEARIN3 OFFICER BARTLErI': OUr next

speaker this afternoon will be Mr. Bruce Barkevich,

did I say that right?

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MR. BARKEVICIl: Yes.

IlEARIN:; OFFICER BARTLETI': Speaking on

behalf of the New York Construction Materials

Association.

MR. BARKEVICIl: Again my name is Bruce

Barkevich, I work for New York Construction

Materials Association. Mr. Yarernko recognized our

association. We presently represent the Aggregate,

Ready Mix Concrete and more ilnportantly for the

Part 212 the Asphalt Producers in New York State.

As written Part 212 revisions could ultimately be a

. very expensive costly endeavor for the asphalt

producers, again as Mr. Yarernko pointed out. In

return for emissions reductions and no improved

production capability. The Asphalt Producers, in a

very·conservative calculation, emit roughly ·.13

percent of NOx emissions annually within New York

State. Even at a 50 percent reduction, which is

really unlikely in today's technology, the end

result after millions of dollars of investment will

be a very minimal reduction of Nox in the grand

scheme of things. These numbers are based on 2006

production numbers over the last three years we

basically reduced our NOx emissions by 20 IJercent

just do to decreased production based on state

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funding issues.

We recommend that the State review the

regulation for practicality. There are best

practice methods which can show NOX emission

reductions with minor costs for today's operations.

Producers who invest substantial costs into their

operations, which do not increase the efficiency of

that operation will have to pass this cost onto the

owner and the end user. If expensive retrofits and

upgrades in equipment are made to a production

facility well in advance of the practical service

life of the equipment presently in use, these costs

will impact the cost of the production, which

impacts the cost of the product. In affect driving

asphalt pavement prices up arbitrarily. In today's

tough economy both for private industry and State

of New York. The dollars invested into emission

reduction should be targeted toward the best return

on that investment. New· York Materials will be

suhnitting written comments on behalf of our

membership who we have a few in present by the 17th

I expect our members to speak as well. I don't

have written comment, but I wouldn't mind speaking

on behalf of the warm mix. We are in process of

the New York State ror the warm mix has been in New

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York State since roughly 2004. We are writing a

spec it's actually finalized and we expect to see

somewhere between 60,000 to 100,000 ton of wann mix

going down in New York State this year. To date

we've done about 200,000 ton of wann mix across

statewide, and as Mr. Yaremko mentioned this

technology is nationally recognized we expect over

the next five years roughly 50 percent of all tons

produced in New York State to be wann mix asphalt.

This is going to be a minimal of no cost to the end

user. With the latest and greatest technology it

is definitely a win/win for all sides. Thank you,

for the opportunity.

HEARlliG OFFICER BARTLE'IT: Thank you,

very much. Is there anyone else who wishes to

speak who is not yet given me a card? Okay. Again

a comment period for all of the proposed revisions

discussed here today closes at 5:00 p.m. on

Wednesday, February 17, 2010. Written corrments may

be suhnitted until that time, and I have copies of

the contact information here should anyone wish to

suhnit written corrments between now and that time.

one last call for comments. It is now 2:57 this

hearing is adjourned.

(Whereupon, the matter, 1n the

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above-entitled proceedings, concluded at

2:57 p.m.)

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C E R T I FIe ATE

I, Shannon Hostash, a Shorthand REporter and

N::>tary Public in and for the State of NEw York, do here!:Jy

certify that the foregoing record taken by Ire is a true

and ac=ate transcript of the sarre, to the best of Ito/

ability and belief.

Shannon Hostash /

IlI\TE: February 23, 2010

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