### Original

MEETING ofthe DEPARTMENTOFENVIRONMENTALCONSERVATION

11-1547thAvenue 

### LongIslandCity,N.Y. Wednesday, February10,2010 1:51p.m.

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# Recording Telephone:212.349.9692 FacsImile:212.557.2152 OnePennPlaza Suite4715 NewYork,NY10119

### Hearing



### 1 APPEARANCES, 2 

### KAMAL K. MALHOTRA, P.E., Hearing Officer 3 

### February 10, 2010 Page 2

SIDERIS CARAMINTZOS, Environmental Engineer II 4 

### New York State 5 

### Department of Environmental Conservation Division ofAir Resources 6 

### Region 2 47-40 21st Street 7 

### Long Island City, NewYork 11101 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 

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### Hearing February 10, 2010 Page 3



### PRO C E EDING S MR. KAMAL: This is an administrative public 4 hearing with a legislative format before the New York 5 State Department ofEnvironmental Conservation in the 6 matter of the Department's proposed revisions to 7 regulations 6 NYCRR Parts 200, 212, 218, 220, 227-2, 228 8 and 234, and revisions to SIP to incorporate the proposed 9 revisions. 10 The purpose of this hearing is to receive 11 public comment on the proposed revisions. Ifyou wish to 12 make a statement, please fill out one of the cards and 13 give it tome. The cards will be used to call the 14 speakers in the order that I receive the cards. 15 I am Kamal Malhotra, serving as the hearing 16 officer for the Department. All persons, organizations, 17 corporations or government agencies that maybe affectedby 18 the proposals are invited to submit eitherwritten or oral 19 statements. All statements taken today, whether written 20 or spoken, will be incorporated into the official record 21 of this proceeding. Ifyouhave your statement in 22 writing, please provide me with a copy for ease of 23 transcription. Statements are not given under oath, nor 24 will there be any cross-examination. 25 It is onlynecessary to attend one of the

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2 hearing sessions, since a cumulative record will be 3 compiled. Written statements received during the public 

### 4 comment period 

### and oral statements made during the hearing 5 will be given equal weight. Please submit any lengthy 

### 6 statements in writing; 

### ifyou wish, youmay summarize such 7 statements 

### verbally. Written comments can alsobe 8 submitted to the Department before the due date. 9 

### Notice ofpublic hearing. Notices of the 10 hearing are published in the December 23rd, 2009 edition 

### 11 of

### the Environmental Notice Bulletin, State Register, and 12 also in various newspapers. 13 I will 

### now call upon Mr. Sideris Caramintzos 14 of the Division ofAir Resources to make a brief 15 statement. 16 MR. CARAMINTZOS: Hearing statement. Part 17 212, General Process Emission Sources. Good afternoon. 18 

### My name is Sideris Caramintzos. I am

### An Environmental 19 Engineer II with the New York State Department of 20 Environmental Conservation in the Division of Air 21 Resources. 22 The New York State Department of 23 Environmental Conservation, the Department, is proposing 24 to revise 6 NYCRR Part 212, General Process Emission 25 Sources. This revision will add requirements for nitrogen 

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### Hearing February 10, 2010 Page 5 1 Proceedings 2 oxide reductions ofthe hot mix asphalt productionplants 3 throughout the state. The Department is proposing this 4 regulatory revision 

### in order to help meet the increasingly 5 stringent National Ambient Air Quality Standards for 6 ozone. 7 NOx emissions result from the operation of 8 the burnerwhich dries andheats the aggregate. The 9 revised regulation contains separate control requirements 10 for small and large asphalt plant burners. The minimal 11 requirement will be an annual burner tune-up; operators of 12 large burners will need to analyze the technical and 13 economic 

### feasibility of additional NOx controls. The 14 owner oroperator of a hot mix asphalt productionplant 

# , 15 will be required to submit an application to the 16 Department to modify its permit to address these new 17 control requirements by June 1st, 2010. Any control 18 equipment or other emission reduction methods approved by 19 the Department must be installed or implemented by 20 January 1st, 2012. 21 The Department will be accepting comments on 22 this rulemaking through 5:00 p.m., February 17th, 2010. 23 Public notices to this effect will bepublished in the 24 Environmental Notice Bulletin and State Register and 25 various newspapers around the state. The proposed rule is 

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1 Proceedings**-----~-~-** February 10, 2010 

### Page 6

2 available for review at the Department's website 3 www.dec.ny.gov.com and at the Departmentrs regional 4 

### offices. For answers to any questions regarding this 5 rulemaking, you can contact Scott Griffin at 518-402-8396 6 or 212asph@gw.dec.state.ny.us. Thank you. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 

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MR. CARAMINTZOS: My name is Sideris 4 Caramintzos. I am an Environmental Engineer II for the 5 New York State Department Or Environmental Conservation, 6 Division ofAir Resources. The purpose of this 7 legislative hearing is to solicit comments on the proposed 8 revisions to 6New York Codes, Rules, and Regulations, 9 Part 218, Emission Standards ForMotorVehicles andMotor 10 Vehicle Engines, and Part 200, Referenced Material. 11 Section 177 of the CleanAirAct provides 12 that states may adopt the California new vehicle emission 13 standards provides that these standards are identical to 14 California'S. New York adopted the California low 15 emission vehicle (LEV) program

### in 1992 for passenger cars 16 and light-duty trucks. New Yorkhas revised the LEV 17 programperiodically since 1992, with changes occurring in 18 2005 to incorporate motor vehicle greenhouse gas emission 19 standards. 20 New York State 

### is nowproposing to adopt 21 California'S most recent amendments to its most greenhouse 22 gas standards. The proposed amendments wouldprovide 23 manufacturers with the option of demonstrating compliance 24 with the fleet average greenhouse gas emission standards 25 basedon sales ofpassenger cara, light-duty trucks, and 

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### Page 8 1 Proceedings 2 medium-duty passenger vehicles in New York, California, 3 and all other states that have adopted the California 4 greenhouse gas standards under Section 177. The 5 greenhouse gas standards would take effect for all 2009 6 and subsequent model year passenger cars, light-duty 7 trucks, and medium-duty passenger vehicles. 

### 8 Adoption of the greenhouse gas standards is 

### 9 

### not expectedto negatively impact jobs and employment 10 opportunities in New York State. Automotive affiliated 11 businesses compete within the state and generally a!e not 12 subject to competition from out-of-state businesses. The' 13 regulations are not expected pose a competitive 14 disadvantage on affiliated businesses. Reporting and

, 15 compliance documentation is the same as that already 16 required for California certifiedvehicles sold in New 17 York and is not expected to be burdensome. 18 Copies of the proposed draft Part 218 19' regulation and related regulatory support documents are 20 available at the Departmentls website and from the 21 Department 1s central and regional offices. Comments will 22 be received by the Department until 5:00 p.m. on 23 February 17th, 2010. 24 25 

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# J\R-TIllecording Telephone: 212.349.9692 Facsimile:212.557.2152 OnePennPlaza Suite4715 NewYork,NY101191 2 Hearing February 10, 2010 Page 9 proceedings MR. CARAMINTZOS: Part 200 and Part 220 3 revisions: Portland Cement Plants and Glass Plants 4 Hearing Statement. Good afternoon. 

### My name is Sideris 5 Caramintzos. I am an Environmental Engineer in the 6 Division ofAir Resources. This public hearing is one of 7 three scheduled for the purpose of receiving statements 8 and comments on the Department of Environmental 9 Conservation's proposal to amend Part 200 rtGeneral 10 Provisions" and Part 220 "Portland Cement Plantsll of Title 11 6 of the Official Compilation of Codes, Rules, and 12 Regulations of the State of New York, and associated 13 revisions to the State Implementation Plan (SIP). The 14 proposed rule amendments, when finalized, will be included 15 in the SIP upon approval by the United States 16 Environmental ProtectionAgency (EPA). 17 The Department is proposing to revise 6 NYCRR 18 Part 200, General Provisions, and 220 Portland Cement 19 Plants. The current Part 220 will be divided into two 20 sub-parts: 220-1 for Portland Cement Plants; and 220-2 21 for glass manufacturing plants. In addition to other 22 requirements, the existing regulation imposes Reasonably 23 Available Control Technology (RACT) requirements on 24 emissions of oxides of nitrogen from portland cement 25 kilns.


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### Hearing February 10, 2010 

### Page 10 Proceedings The existing NOx RACT requirements for 3 portland cement kilns have been inplace since 1995. The 4 Department is proposing to revise Part 220 to require 5 updatedNOx RACT for cement kilns andportland cement 6 plants (Subpart 220-1), and to require NOx RACT for glass 7 furnaces at glass plants (Subpart 220-2). The proposed 8 revisions will apply to major facilities only. Major 9 facilities are those that have a potential to emit NOx in 10 excess of 100 tons per year (upstate) and 25 tons per year 11 (downstate). In addition to the proposed revisions to 12 Part 220, the Department is also proposing to revise to 13 Part 200 by adding two new definitions; continuous 14 emissions monitoring systemprotocol, and continuous 15 emissions monitoring systemplan. 16 The Department is taking a RACT approach that 17 requires a facility specific analysis. The plant owner or 18 operator will be required to performa facility specific 19 RACT analysis that determines RACT for emissions ofNOx, 20 establishes a NOx RACT emission limit or limits, 21 identifies the procedures and monitoring equipment to be 22 used to demonstrate compliance with the NOx RACT emission 23 limit or limits, and includes a schedule for any equipment 24 installation. 25 The proposed NOx RACT implementation date is

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2 July 1st, 2012. The RACT analysis will be submitted to 3 the Department for review and approval. The proposed 4 revisions to Part 220 include the option of allowing a 5 facility to rely on a permit condition that requires the 6 future shutdown of a subject source at the facility. 7 Under the proposed shutdown option, a facility that 8 obtains a permit condition that requires the shutdown of a 9 source by a specific date will nqt be required to conduct 10 a RACT analysis or comply with the proposed continuous 11 emissions monitoring system requirements. The continuous 12 operation of the source will be alloweduntil the NOx RACT 13 implementation date. 14 In terms of air emission reductions, the 15 intent of the proposed revisions to Part 220 is to 16 establishNOx RACT emission limits at each facility based 17 upon a current RACT evaluation. Approved RACT 18 determinations will be submittedby the Department to the 19 EPA for approval as separate SIP NOx RACT emission limits 20 at each facility. 21 The adoption of this regulation is a 22 necessary part of the State Implementation Plan which New 23 York has developed to demonstrate compliance with the 24 CleanAirAct and EPA regulations. The proposal 25 represents New York State's implementation of those 

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2 measures needed to meet the national ambient air quality 3 standards, as well as to safeguard the health and welfare 4 of its population, while also promoting economic growth. 5 The Department will provide a written 6 response to comments received orprovided at these 7 hearings. Requests for information and comments related 8 to the Part 220 and Part 200 proposed revisions may be 9 directed to Rick Leone, New York State Department of 10 Environmental Conservation, Division ofAir Resources, 625 11 Broadway Albany, New York 12233-3254, by telephone 12 (518)402-8403, or e-mail: 220cement@gw.dec.state.ny.us 13 All the rulemaking documents associated with this 14 rulemaking proposal are available on the Department's 15 website. Written statements may be submitted to the 16 Department at the above address until 5:00 p.m., 17 Wednesday, February 17th, 2010. 18 19 20 21 22 23 24 25 

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Proceedings 

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2 MR. CARAMINTZOS: Part 200, Subpart 201-3, 3 and Subpart 227-2 Revisions: Reasonably Available Control 4 Technology (RACT) for Oxides ofNitrogen NOx. 5 

### Good afternoon. My name is Sideris 6 Caramintzos. I am an Environmental Engineer II in the 7 DivisionofAir Resources. This public hearing 

### is one of B three scheduled for the purpose of receiving statements 9 and comments on the Department of Environmental 10 Conservation's proposals to amend Part 200, "General 11 Provisions," Subpart 201-3 "Exemptions and Trivial 12 Activities," and Subpart 227-2 "Reasonable Available 13 Control Technology (RACT) for Oxides ofNitrogen (NOx)" 14 Of Title 6 of the Official CompilationofCodes, Rules, 15 andRegulations ofthe State ofNew York, and associated 16 revisions to the State Implementation Plan, SIP. The 17 proposed rule amendments, when finalized, will be included 18 in the SIP upon approval by the United States 19 Environmental Protection Agency. 20 The Departmentproposes to revise Part 200 21 and Subparts 201-3 and 227-2. 22 Subpart 201-3 is being revised to lower the 23 applicability threshold for the exemption frompermitting 24 requirements for certain stationary or portable combustion 25 installations. The exemption will now apply to all



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### stationary,orportable combustion installations whose heat 3 input is less than 10 mmBtu/hrheat input. The current 4 applicability threshold is 20 mmBtu/hr heat input for 5 those installations found outside the downstate New York 6 City area that is classified as in severe nonattainment 7 

### for the one-hour ozone national ambient air quality 8 standard. 

### 9 Subpart 227-2 is being revised in a number of 10 significant ways. The emission limits for very large 11 boilers, large boilers, mid-size boilers,,and small 

### 12 boilers are being made more stringent. For each combined 13 cycle combustion turbine, Subpart 227-2 will now require 14 that a case-by-case RACT analysis be performed to 15 determine what constitutes RACT for the particular 16 turbine. 17 Subpart 227-2 will now include shutdown and 18 system-wide averaging compliance options for all subject 19 sources. Owners and operators of sources subject to 20 Subpart 227-2 must submit by January 1st, 2011, either a 21 complete application for a permit or a RACT analysis that 22 explains that the control technology the facility 23 currently employs should still be considered RACT for that 24 source. Sources subject to the new emission limits must 25 demonstrate compliance by July 1st, 2012, unless the 

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### Hearing 

### February 10, 2010 Page 15 1 Proceedings 2 sources rely on the shutdown compliance option which 3 provides that the shutdownmust occurno later than 4 December 31st, 2012. Several definitions will be removed 5 from Subpart 227-2 and transferred to Part 200, thus 6 making those definitions generally applicable to all of 7 the Department's airpollution control regulations. B OnMay 31st, 2008, prior to the start of the 9 present formal rulemaking process conductedpursuant to 10 the StateAdministrative Procedure Act, the Department 11 convened a stakeholdermeeting to discuss the rulemaking. 12 The comments received from the stakeholdermeeting were 13 considered in developing this proposal. 14 The proposed revisions will amend regulations 15 which are essential components of the SIP that New York 16 has developed to comply with the requirements of the 17 federal CleanAirAct. The revisions are part ofNew York 18 State's implementation of certainmeasures needed to meet 19 the national ambient air quality standards for ozone. 20 Implementation of these measures will help safeguard 21 public health and welfare while also promoting economic 22 growth. 23 The Department will provide a written 24 response to comments received orprovided at these 25 hearings. Anyone who wishes to obtain information or 

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# -------------------Hearing February 10, 2010 Page 16 1 Proceedings 2 submit comments related to Subpart 227-2, Part 200, and 3 Subpart 201-3, may contact Mike Jennings at New York State 4 Department of Environmental Conservation, Division ofAir 5 Resources, 625 Broadway, Albany, New York 11233-3254, 6 telephone (518)402-8403, e-mail: 7 227RACT@gw.dec.state.ny.us, or visit the Department's 8 website at: 9 Www.dec.ny.gov/regulations/propregulations.html. To be 10 considered by the Department, written comments must be 11 submittedby 5:00 p.m., Wednesday, February 17th, 2010. 12 Thank you for attending this hearing. 13 14 15 16 17 18 19 20 21 22 23 24 25 

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, Telephone:212.349.9692 Facslmlle:212.557.2152 OnePennPlaza Suite4715 NewYork,.NY101191 2 Hearing February 10, 2010 Page 17 Proceedings MR. CARAMINTZOS: Good afternoon. My name is 3 Sideris Caramintzos. I am an Environmental Engineer II 4 with the New York State Department ofEnvironmental 5 Conservation, Division of Air Resources. 6 On December 23rd, 2009, the Department 7 proposed amendments to Parts 200 and 228 ofTitle 6 of the 8 Codes, Rules, and Regulations of the State of New York to 9 reduce ozone precursor emissions from commercial and 10 industrial adhesives, sealants, andprimers. This 11 regulation will result in lower ambient ozone levels. 12 Ozone is formed in the atmosphere by a variety of 13 photochemical reactions involving volatile organic 14 compounds (VOCs) and nitrogen oxides (NOx) in the presence 15 of sunlight and warm temperatures. Ground level ozone, a 16 respiratory irritant, aggravates respiratory conditions 17 like chronic lung andheart diseases, allergies and 18 asthma. Ozone damages the lungs and may contribute to 19 lung disease. Children, because of their developing 20 respiratory systems and the fact they play outdoors in the 21 summer, are more susceptible to ozone pollution than 22 adults. 23 The adoption of the revisions to Part 228 24 will assist the Department in attaining the Ozone National 25 Ambient Air Quality Standards (NAAQS). OnApril 30th, 

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# -_.. February 10, 2010 Page 18 1 Proceedings 2 2004, the United States Environmental Protection Agency, 3 EPA, published a final rule designating and classifying 4 all nonattainment areas for the 1997 a-hour Ozone National 5 Air Quality Standard, a-hour ozone NAAQS. For the various 

### 6 nonattainment areas 

### in·NewYork State, the NewYork State 7 Department of Environmental Conservation (Department) is 8 required to submit revisions to the State Implementation 9 Plan (SIP) to show New York State will attain the 

### a-hour 10 ozone NAAQS by the applicable date, and that the state is 11 making reasonable progress toward this goal. 

### 12 These SIPprovisions must include the 13 establishment of new or revised control requirements for 14 emissions of the precursors of ground-level ozone 15 pollution: NOx and VOCs. The Department has listed this 16 proposed regulatory revision for commercial and industrial 17 adhesives, sealants, andprimers as a measure that would 18 help progress toward attainment in SIPs already submitted 19 to the EPA for the New York

- Northern New Jersey

- Long 20 Island NY-NJ-CT and Poughkeepsie nonattainment areas. 21 This rule revision will also be included in 22 the SIPs for the Jamestown and Buffalo Niagara Falls 23 nonattainment areas. Additionally, these more stringent 24 requirements for production and use of commercial and 25 industrial adhesives, sealants, andprimers will prove a 

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### Hearing 

### February 10, 2010 Page 19 1 Proceedings 2 necessary component of realizing the recently announced 3 2008 NAAQS for ozone, which will require that ambient 4 concentrations throughout the state meet a 0.075 NAAQS 5 standard. 6 Forguidance in regulating VOC emissions from 7 the commercial, and industrial adhesives, sealants and 8 primers category, EPA issued the Control Technique 9 Guideline document "Control Techniques Guidelines for 10 Miscellaneous Industrial Adhesives." This CTG is intended 11 to provide state and local airpollution control 12 authorities information to assist them indetermining 13 reasonably and available control technology (RACT) for 14 VOCs frommiscellaneous industrial adhesive application 15 processes. 16 The RACT adoptedby this CTGwas preparedby 17 the CaliforniaAir Resources Board (CARB) in 1998. In the 18 years 1998 to 2001, the provisions of the CARE 19 determinationwere adopted in regulatory form in various 20 air pollution control districts in California, inclUding 21 the BayArea, Ventura County, Sacramento Metropolitan and 22 San Joaquin Valley. In 2006, the Ozone Transport 23 Commission (OTC) established an adhesives and sealants 24 workgroup made up of OTC member states in order to develop 25 a regional program for the commercial and industrial

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2 adhesives, sealants andprimers category. The workgroup 3 utilized the exiting CARB program for the basis for its 4 2006 Adhesives and Sealants Model Rule. The OTe process 5 includedmember states working together along with input 6 provided by**sta~eholders.** 7 The OTe model rule limits voe emissions from 8 commercial and industrial adhesives, sealants, and 9 primers. The model rule achieves voe reductions through 10 two basic components: sale and manufacture restrictions 11 that limit the voe content of specified adhesives, 12 sealants andprimers sold in the state; and use 13 restrictions that apply primarily to commercial/industrial 14 applications. By reducing the availability of higher voe 15 content adhesives and sealants within the state, the sales 16 prohibition is also intended to address adhesive and 17 sealant usage at area sources. Emissions from residential 18 use of regulatedproducts are addressed through the sales 19 restrictions and simple use provisions. 20 The Department is basing the revisions to 21 Part 228, Commercial and Industrial Adhesives, Sealants 22 and Primers on the 2006 OTC Adhesives and Sealants Model 23 Rule with the implementation options mentioned above. 24 These revisions will result in approximately 12.2 tons.per 25 day ofvoe emission reductions in year 2012 for the SIP, 

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1 Proceedings February 10, 2010 Page 21

2 while providing the regulated community and the states 3 with regional uniformity and consistency across the 4 Northeast. The revisions to Part 228 will apply to any 5 person who sells, supplies, or offers for sale, or 6 manufactures for sale in New York State, any adhesive, 7 sealant, adhesive primer or sealant primer for use in New 8 York State. These revisions will also apply to any person 9 who uses or applies any adhesive, sealant, or adhesive 10 primer or sealant primerwithin New York State. 11 The revisions to Part 228 contain voe content 12 limits on adhesive, sealant, and sealant primer product 13 categories. To maximize consistency, voe content limits 14 for specific product categories are identical to those

, 15 product categories regulatedunder CARB. Manufactures can 16 ensure compliance with the voe content limits by 17 formulating products and/or substituting products with 18 compliant products that are already on the market. 19 To ensure the continuation of the achievement 20 of quality construction in the State ofNew Yorkuntil 21 alternative low voe products become available, a phased-in 22 seasonal implementation shall be provided. As a result, 23 the llphase-in" provision applies to the use and sale of 24 adhesives, sealants, andprimers for use with single-ply 25 roofing membranes, andpermissible time periods for the

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### Page 22 1 Proceedings 2 manufacture, sale and distribution of the existing 

### 3 adhesives, sealants, andprimers. Also, a four-month 4 product "sell-through" period shall be allowed for any 5 commercial and industrial adhesive, sealant, adhesive 

### 6 

### primer or sealant primermanufacturedbefore the effective 7 compliance dates and voe content limits adopted in the new 8 Part 228. 

### 9 The overall estimated cost-effectiveness of 10 the revisions to Part 228 ranges from $265 to $2,320 per 

### 11 

### ton ofvoe reduced. Although low-VOe adhesives are at 

### 12 present more expensive tomake, the cost is nomore than 13 5% higher than conventional adhesives. 14 The Department proposes to amend Part 200 to 15 incorporate by reference all applicable test methods, 16 regulations, and procedure·documents. 17 The Department will be accepting comments on 18 

### this rulemaking through 5:00 p.m. on February 17th, 2010. 19 Acopy of the proposed rule is available for viewing at 20 the Department website 21 http://www.dec.ny.gov/regulations/60692.html. 22 23 24 25 

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.... i\R-1'IB,ecording Telephone:212.349.9692 Facsimile:212.557.2152 OnePennPlaza Suite4715 NewYork.NY101191 2 Hearing February 10, 2010 Page 23 Proceedings MR. CARAMINTZOS: Good afternoon. My name is 3 Sideris Caramintzos and I am an Environmental Engineer II 4 in the Division of Air Resources. 5· This public hearing is one of three scheduled 6 to receive statements and comments on the Department of 7 Environmental Conservation's (Department) proposal to 8 amend Part 200 ttGeneral Provisions," Part 201 "Permits and 9 Registrations, 11 and Part 234 ttGraphic Arts" ofTitle 6 of 10 the Official Compilation of Codes, Rules, and Regulations 11 of the State ofNew York and associated revisions to the 12 State Implementation Plan (SIP). The proposed rule 13 amendments, when finalized, will be included in the SIP 14 upon approval by the United States Environmental 15 ProtectionAgency (EPA). 16 The proposal will update two references in 17 Table 1 of Section 200.9 to reflect the 2006 Code of 18 Federal Regulations. The proposed amendments to Part 201 19 revise the criteria for a graphic arts process to obtain 20 an exemption at 201-3.2 (c)(13). In order to qualify for 21 the exemption graphic arts processes must be located 22 outside a severe ozone non-attainment area and have 23 facility-wide volatile organic compoundVOC emissions less 24 than 3 tons peryear on a 12-monthrolling basis. This 25 exemption is currently 20 pounds pe,r day {3.65 tons per 

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### Page 24 Proceedings 2 year). Also amended is a trivial activity listed at 3 201-3.3(cl(23) to 

### delete "Letter Press Operations" and add 4 "Proof Press Operations." 

### 5 The proposed Part 234 revisions expandthe 6 regulation1s 

### applicability to 

### include letterpress printing 7 and establish more stringent Reasonably Available Control 8 Technology (RACT) requirements on facilities that engage 

### 9 

### in flexographic, offset lithographic, and rotogravure 10 

### printing. The proposedrevisions also impose new 11 requirements for graphic arts coatings and adhesives, and 12 cleaning solutions used in letterpress and offset 

### 13 lithographic printing. 14 The language ofproposed Section 234.1, I 15 General Applicability and Exemptions, will be revised to 16 expand the applicability of the regulation. Currently, 17 Part 234 applies to facilities in ozone nonattainment 18 areas and all major facilities (facilities with the 19 potential to emit 25 tons of voe or more per year in lower 20 Orange County and 50 tons ofVOC or more per year in the 21 rest of the state). 22 Under the revisions, any graphic arts 23 facility that is located in a severe ozone nonattainment 24 area, or any facility with annual VOC emissions of 3 tons 25 ormore on a rolling 12-monthbasis, is subject to all the 

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Proceedings February 10, 2010 Page 25

2 requirements of Part 234 as specified. Further, any 3 facility in an ozone nonattainment area, all major 4 facilities, and any emission unit whichhas the potential 5 to emit 25 tons peryear ormore ofvec, will be required 6 to use low vec content inks, coatings, and adhesives; or 7 use add on controls to limit emissions. 8 Facilities that are located outside a severe 9 ozone nonattainment area with annual vec emissions of less 10 than 3 tons a rolling 12-monthbasis are only subject to 11 the proposed requirements of sections 234.5 prohibition of 12 sale or specification; 234.6 handling, storage, and 13 disposal ofvec; 234.7 recordkeeping; and 234.8 opacity. 14 The adoption of this regulation is a 15 necessary part of the State Implementation Plan whichNew 16 Yorkhas developed to demonstrate compliance with the 17 CleanAirAct and EPA regulations and Control Techniques 18 Guidelines. The proposal represents New York State's 19 implementation of those measures needed to meet the 20 national ambient air quality standards, as well as to 21 safeguard the health and welfare of its population, while 22 also promoting economic growth. 23 The Department will provide a written 24 response to comments received orprovided at these 25 hearings. Requests for information and comments related 

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### Page 26 1 Proceedings 2 to the Part 234, 201, and 200 proposed revisions may be 3 directed to John Henkes, NYSDEC Division ofAir Resources, 4 625 Broadway, Albany, New York 12233-3254, by telephone 5 (518)402-8403, 

### or e-mail: 234arts@gW.dec.state.ny.us. 6 All the rulemaking documents associated with this 7 rulemaking proposal are available on the Department's 

### 8 website. Written statements maybe submitted to the 9 Department at the above address until 5 p.m., Wednesday, 10 January 17th, 2010. Thank you for attending the hearing. 11 

### MR. KAMAL: Areminder that the public 

### 12 commentperiodwill close at 5:00 p.m., February 17th, 13 2010. Written statements shouldbe submitted to the 

### 14 Department at NYSDEC Division ofAirResources, 625 15 Broadway, Albany, New York 12233-3254. Statements can 16 also be faxed or e-mailed to the Department. 17 

### The time is now about 2:40 p.m. and there is 18 

### no one who wishes to comment, so this hearing session is 19 

### adjourned. Thankyou all for coming. 20 21 22 23 24 25 (TIME NOTED: 2

### :40 p.m.)



# J\R-- TIllecording Telephone:212.349.9692 Facsimile:212.557.2152 OnePennPlaza Suite4715 NewYork,NY101191 

### 2 3 4 

### Hearing

C E R T I FIeA T ION February 10, 2010 Page 27

5 I, STEPHANIE BARILLARO. 

### a Shorthand Reporter 6 and notary public, within and for the State of New York, 7 do hereby certify that I reported the proceedings in the 8 within-entitled matter, on February 10, 2010, at 9 DEPARTMENT OF ENVIRONMENTAL CONSERVATION, 11-15 47th 10 Avenue, Long Island City, New York, and that this is an 11 accurate transcription of these proceedings. INWITNESS 12 13 14 15 16 17 18 19 20 21 

### 22 23 24 25 hand this 

# /r:P day of WHEREOF, I have hereunto set my

# ~'2010.

# ~~

# S~ BARILLARO



# ESQUIRE

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# --- J\RTIRecording

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## - Telephone:212.349.9692 Facsimile:212.557.2152 OnePennPilla Suite4715 HewYork,NY10n9