SJ'ATE

### OFNEWYORK IlEPAR'IMENI' 

### OF ENVIRrnMENI'AL CCXilSERVATICN

In tile

### Matter

- oftile

- PRDrosED

### REVISICNS 'ID SEVERAL PARTS 

### OFTITLE 6 

### OF 'mE 

### OFFICIAL

### CXMPIIATIONOF

### CODPS,

ROLFS AND

### RillJIATICNS OF 'mE 

### SI'lITE OFNEWYORKBY SI'AFF 

### OF 'mE NYS IlEPAR'IMENI' 

### OFENVIRCi'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 

### IMPLEMENrATIONPIAN (SIP)

Held on: February 9, 2010



### Before: ElizabethPartlett Hearing Officer

New

### York StateDepartrrent ofEhvir=tal Conservation Office ofHearings andM=di.ation SeI:Vices 625 

### BroadlM3:y, 1st Floor 

### Albany, NewYork 12233-1550 (518) 402-9003



### ALEXYASSOCIATES,INC. (518)798-61091 2 3 4 5 6 7 8 9 10 11 12 13 14 

### 15 16 17 18 

### 19 20 21 

### 22 23 24 

### 25 2

IlEARIN3 OFFICER BARTLE'IT: It is now 5 after 2. I would like to call this hearing to order. I amElizabethBartlett. I'll be serving today as the hearing officer for the NewYork State Department of Environmental Conservation in this matter. This is an administrative hearing with a legislative format before the NewYork State Department ofConservation in the matter of proposed revisions to several parts of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State ofNewYork by the staff of the NewYork 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 maybe affected by the proposedprovisions are invited to sul::rnit either written or oral statements. All statements taken tqday, whether written or oral, will be 

### ALEXYASSOCIATES,INC. (518)798-61091 

### 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 

### 22 23 24 25 3

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. Ahearing was previously heldyesterday, 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, NewYork 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, NewYork 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 

### ALEXYASSOCIATES,INC. (518)798-61091 

### 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 

### 14 

### 15 16 17 

### 18 

### 19 20 21 22 

### 23 24 25 4



### Chronicle, and 

### the Buffalo EveningNews. Copies of the affidavits ofpublications are available for these notices 

### ifyou 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, eachwitha different contactpersonwho will be compiling the record. Should anyone wish to give written statements after today, the appropriate staffpersonwho should receive the comments for eachproposedrevision and their contact informationhas 

### beenpublished as part of the hearing notices. In 

### addition, I have copies of that information available here today, andwe will give that informationverbally during the Department statements. Written statements received at any time during the public conmentperiod, whether it's today or later on, will be given equal rate as statements during the hearing. Again, I ask that anyone here todaywho wishes to make an oral statement please fill out

one the cards and 

### return it to me.

we havemade arrangements for a



### ALEXYASSOCIATES,INC. (518)798-61091 

### 2 3 4 5 6 ·7

8 9 

### 10 11 12 13 

### 14 15 16 17 

### 18 19 20 21 

### 22 23 24 25 5

stenographerhere to record these hearings. If you will be reading a prepared statement, please read it slowly and, ifpossible, please leave a copy with the reporter. If you leave a copy ofyour 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 wouldprefer, you may summarize your statement verbally today andprovide a written copy ofyour statement for inclusion in the record. During this hearing, I will first ask those Department staffwho 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 givenme 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. 

### ALEXY

### ASSOCIATES,INC. (51

### 8)798-61091 

### 2 3 4 5 6 7 8 9 10 

### 11 12 13 

### 14 15 

### 16 17 

### 18 19 

### 20 21 

### 22 

### 23 24 

### 25 6

or can everyone accept the order that I have described? Okay. I will nowbegin 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 JeffMarshall. 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 ofAir 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 productionplants 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 

### ALEXYASSOCIATES,INC. (518)798-6109

. .1 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 

### 14 15 16 17 

### 18 19 20 21 22 23 

### 24 25 7

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 productionplant 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 Departmentmust be installed or implemented by 

### January 1, 2012. The Departmentwill 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, andvarious newspapers around the state. The proposedrule 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; OFFICERBARTIE'IT: Thank

### you, Mr. 

### Griffin. Next will be JeffMarshall, and 

### ALEXYASSOCIATES,INC. (518)798-61091 

### 2 3 4 5 6 7 8 9 10 11 12 13 14 15 

### 16 17 18 19 20 21 

### 22 23 24 25 8

following Jeff will be Rick Leone. MR. MARSHALL: Hello, myname 1S Jeff Marshall. I'm an environmental engineer for the NewYork State Department of Erwiromnental 

### Conservation, Division ofAir 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 andMotorVehicle Engines, and Part 200, ReferencedMaterial. Section 177 of the Clean Air Act provides that states may adopt the California newvehicle emission standards provided that these standards

are identical to California's. NewYork adopted the California low emissions vehicle program in 1992 for passenger cars and light-duty trucks. New York has revised the LEVprogramperiodically since 1992, with changes occurring in 2005 to incorporate motor vehicle greenhouse gas emission standards. New York State is nowproposing to adopt California's most recent amendments to its greenhouse.gas standards. The proposed amendments wouldprovide manufacturers with the option of demonstrating conpliance with the fleet average greenhouse gas emission standards based on sales of 

### ALEXYASSOCIATES,INC. (518)798-61091 2 3 4 

### 5 6 

### 7 8 9 

### 10 11 

### 12 13 

### 14 15 16 17 

### 18 19 20 21 22 

### 23 24 25 9



### passenger cars, light-duty·trucks, andmedium-duty passengervehicles inNewYork, 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 subsequentmodel yearpassenger cars, light-duty trucks andmedium-dutypassenger vehicles. Adoption of the greenhouse gas standards is not expected to negatively impact jobs and employment opportunities inNewYork. Automotive affiliatedbusinesses 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 affiliatedbusinesses. Reporting and compliance documentation is the same as that already required for California and 

### certified vehicles sold inNewYork and 

### is not expected to be burdensome. Copies of thepropcseddraft 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

ALEXYASSOCIATES,INC. (518)

### 798-61091 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 

### 17 18 

### 19 20 21 22 23 

### 24 25 10

Ill1til 5:00 p.m. on Februazy 17, 2010. Thankyou. 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, NewYork 12233-3255, and theymay 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: Thankyou, 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 NewYork and associated revisions to the State Implementation Plan, SIP. The proposed rule amendments when finalized will be included in the SIPupon approval by the united 

### ALEXYASSOCIATES,INC. (518)798-61091 

### 2 3 4 

### 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 

### 22 23 

### 24 25 11

States Envirornnenta1 ProtectionAgency (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 ReasonablyAvailable 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 peryear 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 ofmomtaring system certification protocol and continuous 

### ALEXYASSOCIATES,INC. (51

### 8)798-61091 2 3 4 5 6 7 8 9 10 11 

### 12 13 14 

### 15 

### 16 17 18 

### 19 20 

### 21 22 

### 23 24 

### 25 12

emissions monitoring systemplan. The Department is taking a RACl' approach that requires a facility

-- that requires a facility specific analysis. The plant owner or operatorwill 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 proposedNOx 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 complywith .the proposed continuous emissions monitoring systems requirements. The continued operation of 

### ALEXYASSOCIATES,INC. (518)798-61091 

### 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 

### 14 15 

### 16 17 18 

### 19 20 

### 21 

### 22 

### 23 24 25 13

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 basedupon current

-- basedupon 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 necessarypart of the State Implementation Plan, whichNewYorkhas developed to demonstrate compliance with the CleanAir 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 NewYork State DEC, Division ofAir Resources, 625 Broadway, 

### ALEXYASSOCIATES,INC. (518)798-6109

### 1 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 

### 14 15 16 17 18 19 

### 20 21 22 

### 23 24 25 14

Albany, NewYork 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 byMr. 

### Ralph Itzo. MR. 

### JENNINGS: Good 

### afternoon. My

name is Mike Jermings I and I am an environmental. 

### engineer in the Division ofAir 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" andpart SUbpart 227-2, "ReasonablyAvailable Control Technology," or (RACT) , 

### "for OXides ofNitrogen," (NOX), of Title 6 

### of the Official Compilation of Codes, Rules, Regulations from the State ofNew 

### ALEXYASSOCIATES,INC. (51

### 8)798-61091 

### 2 3 4 5 6 7 8 9 10 11 12 13 

### 14 

### 15 16 17 

### 18 19 20 21 

### 22 23 24 25 

### 15

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 ALEXYASSOCIATES,INC.



### . (51

### 8)798-61091 2' 3 4 5 6 7 8 9 

### 10 11 

### 12 13 14 

### 15 

### 16 17 

### 18 19 

### 20 21 22 23 24 25 16



### 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 orRACT analysis that explains the controlled technology of the facility currently employs and that it should still be 

### consideredRACT 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, whichprovides that the shutdownmust occurno 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 airpollution control regulations. On

### May 31, 2008, prior to the start of the present formal rule-makingprocess conducted pursuant to the State Administrative Procedures Act, the Department convened a stakeholdermeeting to discuss the rule-making. The comments received from the stakeholdermeeting were considered in developing this proposal. Those provisions will amend regulations



### ALEXYASSOCIATES,INC. (518)798-61091 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17

that are essential components of the SIP that New Yorkhas developed to comply with the requirements of the federal Clean Air Act. The revisions are part ofNew York State's implementation of certain

measures needed to meet the national ambient air quality standards for ozone. Implementation of these measures will help safeguardpublic health andwelfare 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 ofAir Resources, 625 Broadway, Albany, NewYork 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: Thankyou, Mr. Jennings. Next will be Ralph Itzo, and following Mr. Itzo will be Mr. John Henkes. MR. ITZO: Good afternoon, my name is 

### ALEXYASSOCIATES,INC. (518)798-61091 

### 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 14 15 16 17 

### 18 

### 19 20 21 

### 22 

### 23 24 

### 25 18



### Ralph Itzo. I aman environmental engineerwith the NewYork State Department ofEnvironmental Conservation's, Division ofAir Resources. On December,

### 23, 2009 the Department proposed amendments-to Parts 200 and 228 ofTitle 6 of the Codes, Rules, andRegulations of the State ofNewYork to reduce ozone precursor emissions 

### from commercial and industrial adhesives, sealants, and

### primers. This regulationwill result in lower ambient ozone levels. And ozone -- ozone is fonned in the atmosphere by 

### a variety ofphotochemical reactions involvingvolatile 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 andheart 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 theyplay 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 AmbientAir Quality Standards andNAAQS. 

### ALEXYASSOCIATES,INC. (518)798-61091 

### 2 3 4 5 6 7 8 9 10 11 12 

### 13 

### 14 15 16 17 18 

### 19 20 21 

### 22 

### 23 24 25 

### 19

On

### April 30, 2004 theUnited States Environmental ProtectionAgency, EPApublished 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 inNewYork State, NewYork State Department ofEnvironmental Conservation is required to submit revisions to the State Inplementation Plan (SIP) that show that NewYork 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 ofnew or

revised control requirements for emissions of the precursors ofground-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 

### wouldhelp progress toward attainment in SIPs alreadY submitted to EPA for the NewYork, Northern NewJersey, 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. 

### ALEXYASSOCIATES,INC. (518)798-61091 

### 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 14 

### 15 16 17 

### 18 19 20 21 22 23 24 

### 25 20 Additionally, these more stringent requirements for production and

### use ofcommercial and industrial adhesives, sealants and primers will prove a necessary component ofrealizing the recently 

### announced 2008 NAAQS for ozone, whichwill require that ambient concentrations throughout the state meet a 0.075 ppm 

### standard. Forguidance inregulatingVOC emissions from the commercial, and industrial adhesives, 

### sealants andprimers category, EPA issued the Control Technique Guideline, CTGdocument "Control Techniques Guidelines forMiscellaneous Industrial Adhesives." This CTG is intended to provide state and the local airpollution control authorities the information to assist them in determining reasonable available control technology RACT for VOC's frommiscellaneous industrial adhesive applicationprocesses. The RAe!' 

### adopted by 

### this CTG was 

### prepared by 

### the CaliforniaAir Resources Board (CARS) in 1998. In 

### the years 1998 to 2001, the provisions of the CARE determinationwere adopted inregulatory form invarious airpollution control districts in California including the Bay Area, VenturaCounty, SacramentoMetropolitan'S and SanJoaquinValley. And 

### in 2006 the Ozone 

### ALEXYASSOCIATES,INC. (518)798-61091 

### 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 

### 14 15 

### 16 17 

### 18 

### 19 20 21 22 23 24 25 

### 21



### 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. Theworkgroup utilized the existing CAREprogramas 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 

### andprimers. The model rule achieves vex:. reductions through twobasic components: Sale and 

### manufacture restrictions that limit the VOC content of specified adhesives, sealants andprimers sold in this state; and

### use restrictions that apply primarily to commercial/industrial applications. By

### reducing the availability ofhigherVOC 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 ofregulatedproducts are addressed through the sales restrictions and simple use provisions. The Department is basing the provisions to

ALEXYASSOCIATES,INC. (518)798-61091 

### 2 3 4 5 6 7 8 9 10 11 12 13 

### 14 15 16 17 18 

### 19 20 21 

### 22 23 24 25 22

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 ofVOC 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 NewYork State, any adhesive, sealant, adhesive prilller or sealant prilller for use in NewYork State. These revisions will also apply to anyperson who uses or applies any adhesive, sealant, adhesive prilller or sealant prilllerwithin NewYork State. The revisions to Part 228 containVOC content lilllits on adhesive, sealant and sealant prilllerproduct 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. 

### ALEXYASSOCIATES,INC. (518)798-610

### 91 2 3 4 5 6 7 8 9 10 11 12 13 

### 14 15 16 17 18 19 

### 20 21 22 

### 23 24 

### 25 23

To assure the continuation of the 

### achievement of quality construction in the State of NewYorkuntil alternative lowVOC 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, andprimers. Also, a four monthproduct "sell-through" period shall be allowed for any commercial and industrial adhesive, sealant, adhesive primer or sealant primer 

### manufacturedbefore the effective compliance dates and

### VOC content limits adopted inthe new Part 228. The overall estimated cost-effectiveness of the revisions to Part 228 ranges from $265 to $2,320 per ton ofVOC 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 Departmentproposes to amend Part 200 to incorporate

### bY reference all applicable test methods, regulations, and

### procedure documents. The Departmentwill be accepting comments



### ALEXYASSOCIATES,INC. (518)798-61091 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 

### 14 15 16 17 

### 18 19 20 21 22 

### 23 24 25 24

on this rule-making through 5:00 p.m. on February 17, 2010. Acopy of the propOsedrule 1S 

### available for viewing at the Departmentwebsite 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::; 

### OFFICERBARTLETT: Shouldyou 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 aman environmental engineerwith the Division ofAir Resources. This public hearing is one of three scheduled to receive statements and comments on the Department ofEnvironmental 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 ofNew

### York, and associated revisions of the State I!lillementation Plan or SIP. The proposed rule amendments when finalizedwill be 

### included in the 

### ALEXYASSOCIATES,INC. (518)798-61091 

### 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 

### 14 15 16 17 

### 18 19 20 21 22 

### 23 24 25 25

SIPupon approval by 

### theunited States Envirorunenta1 ProtectionAgency or EPA. The proposal will update two references in Table 1 of Section 200.9 to reflect the 2006 Code ofFederal 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 andhave facility-wide volatile organic compound orVOC emissions less than 

### three tons petyear on a 12-monthrolling basis. This exemption is currently 20 pounds per day or 3.65 tons peryear. 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 letterpress printing and establishmore-stringent ReasonablyAvailable 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 letterpress and offset the 

### ALEXYASSOCIATES,INC. (518)798-61091 2 3 4 5 6 7 8 9 10 11 12 13 14 15 

### 16 17 

### 18 19 20 21 

### 22 23 24 25 

### 26

lithographic printing. The language ofproposed 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 ofVOC or more per year in lower the Orange County, and 50 tons ofVOC or

more peryear 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 ormore 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 

### ALEXYASSOCIATES,INC. (518)798-61091 2 3 4 5 6 7 8 

### 9 10 11 

### 12 13 

### 14 15 16 17 

### 18 19 20 21 22 23 24 25 27

or specification; 234.6 Handling storage and disposal ofVOC's; 234.7 Recordkeeping; and 234.8 Opacity.The adoption of these regulations is a necessarypart of the State Implementation Plan whichNew Yorkhas 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 andwelfare of its population, while also prorncting economic growth. The Department will provide a written response to comments received andprovided 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 ofAir 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 associatedwith this rule-making proposal

are all available at the Department's website. Written statements may be 

### sulroitted to the 

### ALEXYASSOCIATES,INC. (518)798-61091 2 3 4 5 6 7 8 9 10 11 12 13 14 15 

### 16 17 18 

### 19 20 21 

### 22 23 

### 24 25 

### 28

Department at the above address, until 5:00 p.m., Wednesday, February 17, 2010. Thank you for attending and sharing. HEARING OFFICER BARTLEIT: Thankyou, 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 ofbackground the company that I work for, Peckham Industries, Inc., a NewYork family owned business, has been in the roadbuilding 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 

### ALEXYASSOCIATES,INC. (518)798-61091 2 3 4 5 6 7 8 9 10 11 

### 12 13 14 15 16 17 18 19 20 21 

### 22 23 24 25 

### 29

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 recentlyproposed regulations concerningHMAplant lowNOx

### burners. As drafted, it appears that these regulations have had little if 

### any input from the owner and 

### operators ofHMAplants or even the manufacturers of the lowNOX burners. While meeting such as these do allow for public comment, the issue at hand can only be 

### properly addressedwithmeaningful dialogue between the Department and our industry. As a group, the majority ofHMAproducers in the state are members of andwell representedby 

### our trade association known as the NewYork State constructionMaterials Association. This association, which the Department has believe which, I believe, the Department has recentlymet with over these proposedregulations, brings together some of the most prominent people in our 

### industry and has a well-establishedworking relationship with the state through the Department's ofNewYork State DEC and

### NewYork State DOT. I would calIon regulators to continue to work with our association in order to draft 

### ALEXYASSOCIATES,INC. (518)798-61091 

### 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 

### 14 

### 15 16 17 

### 18 19 

### 20 21 22 23 24 

### 25 30 

### meaningful regulationS that will lowerplant emissions by

### using all available options. The currentproposedregulations call for

an assessment of our liMA

### plants by

### June of this year. At an estinated cost ofpossiblyup to $200,000 per 

### facility, my

### company alone is looking at a potential investment of over two million dollars to switchburners at all of our facilities. I have strong concerns that wewill be 

### forced into costlyplantmodifications, while there are other available options that can result in even greater plant emission reductions. I will askyou 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 manyways ofreducing emissions from a liMA 

### plant and

### while the proposedregulations bring light to a few, they aremissing key issues that

as -- that as an industrywe are addressing globally. Probably the most important such 1ssue is the use of warmmix 

### asphalt. This technology, originallyused in Europe, allows for the production ofmaterial, known as warm mix 

### asphalt, at temperatures some 50 to 100 degrees lower than 

### conventional liMA. As 

### I see it, the Europeans, who 

### ALEXYASSOCIATES,INC. (518)798-61091 2 3 4 5 6 7 8 9 10 11 

### 12 13 

### 14 15 

### 16 17 18 

### 31

have been stretched evenmore than our country by a weak economy, lookmore at science to solve their problems versus throwing money at a quick fix. Simplyput warmmix'asphalt is producedusing less fuel then conventional liMA, which results in lower emissions. If we had the New York State DOT accelerate their use ofwarmmix 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 canmake meaningful change that will allow our industry to 19 continue to make quality, economic economical 20 

### 21 22 

### 23 24 25 material that will allow the state to maintain and build our infrastructure well into the future. Thankyou, for your consideration. HEARIN3 OFFICER BARTLErI': OUr next speaker this afternoonwill be Mr. Bruce Barkevich, did I say that right? 

### ALEXYASSOCIATES,INC. (518)798-6109

### 1 2 3 4 5 6 7 8 9 10 11 12 13 

### 14 15 

### 16 17 

### 18 19 20 21 22 23 24 25 32

MR. BARKEVICIl: Yes. IlEARIN:; OFFICER BARTLETI': Speaking on behalf of the New York ConstructionMaterials 

### Association. MR. BARKEVICIl: Again my name is Bruce Barkevich, I work for NewYork Construction Materials Association. Mr. Yarernko recognized our association. We presently represent the Aggregate, ReadyMix Concrete and more ilnportantly for the Part 212 the Asphalt Producers in NewYork State. As written Part 212 revisions couldultimatelybe 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 annuallywithin New York State. Even at a 50 percent reduction, which is really unlikely in today's technology, the 

### end result aftermillions of dollars of investment will be a very minimal reduction ofNox 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 decreasedproductionbased on state 

### ALEXYASSOCIATES,INC. (518)798-61091 

### 2 3 4 5 6 7 8 9 

### 10 11 

### 12 13 

### 14 15 16 17 18 19 20 

### 21 22 23 24 25 

### 33

funding issues. We recommend that the State review the regulation for practicality. There are best practice methods which can show NOX emission reductions withminor 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 

### enduser. 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 ofNew York. The dollars invested into emission reduction shouldbe targeted toward the best return

on that investment. New·YorkMaterials will be suhnitting written comments onbehalf 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 warmmix has been in New 

### ALEXYASSOCIATES,INC. (518)798-61091 

### 2 3 4 

### 5 6 7 8 9 10 11 12 13 14 

### 15 16 17 18 

### 19 20 21 

### 22 23 24 25 34

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 ofwann mix going down in NewYork 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 NewYork State to be wann

### mix asphalt. This is going to be a minimal ofno cost to the end

user. With the latest and greatest technology it is definitely a win/win for all sides. 

### Thankyou, for the opportunity. HEARlliG OFFICERBARTLE'IT: Thankyou, verymuch. Is there anyone else who wishes to speakwho is not yet given me a card? Okay. Again

a comment period for all of the proposed revisions discussedhere today closes at 5:00 p.m. on Wednesday, February 17, 2010. Written corrments may be suhnitteduntil 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 

### ALEXYASSOCIATES,INC. (518)798-61091 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 

### 18 19 20 21 22 

### 23 24 25 

### above-entitledproceedings, concluded at 2:57 p.m.)



### ALEXYASSOCIATES,INC. (518)798-6109 35

### C E R T I FIe ATE

I, 

### ShannonHostash, a 

### Shorthand REporter and N::>tary

### Public in and 

### for the 

### State ofNEw

### York, do here!:Jy 

### certifythat the 

### foregoing record takenby Ire 

### is a true and

### ac=ate transcript of the 

### sarre, to the

### best of Ito/ 

### ability and

### belief.

ShannonHostash /

IlI\TE: 

### February 23, 2010



### ALEXYASSOCIATES,INC. (518)798-610

### 9