Original

MEETING

ofthe

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

11-15 47th Avenue

Long Island City, N.Y.

Wednesday,

February 10,2010

1:51 p.m.

ESQlJIR~ J\R~I Recording

Telephone: 212.349.9692

FacsImile: 212.557.2152

One Penn Plaza

Suite 4715

New York, NY 10119
Hearing

1 APPEARANCES,

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

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February 10, 2010

Page 2

SIDERIS CARAMINTZOS, Environmental Engineer II

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New York State

5 Department of Environmental Conservation

Division of Air Resources

6 Region 2

47-40 21st Street

7 Long Island City, New York 11101

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Hearing February 10, 2010

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PRO C E E DIN G S

MR. KAMAL: This is an administrative public

4 hearing with a legislative format before the New York

5 State Department of Environmental 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. If you wish to

12 make a statement, please fill out one of the cards and

13 give it to me. 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 affected by

18 the proposals are invited to submit either written or oral

19 statements. All statements taken today, whether written

20 or spoken, will be incorporated into the official record

21 of this proceeding. If you have 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 only necessary to attend one of the

ESQ!l.m~ J\RTI Recording

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Hearing

1 Proceedings

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February 10, 2010

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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; if you wish, you may summarize such

7 statements verbally. Written comments can also be

8 submitted to the Department before the due date.

9 Notice of public 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 of Air 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

A.R-TI Recording

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1 Proceedings

2 oxide reductions of the hot mix asphalt production plants

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 burner which dries and heats 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 or operator of a hot mix asphalt production plant

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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 be published in the

24 Environmental Notice Bulletin and State Register and

25 various newspapers around the state. The proposed rule is

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February 10, 2010

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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.

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A.R-TI llecording

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Hearing February 10, 2010

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Proceedings

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 of Air Resources. The purpose of this

7 legislative hearing is to solicit comments on the proposed

8 revisions to 6 New York Codes, Rules, and Regulations,

9 Part 218, Emission Standards For Motor Vehicles and Motor

10 Vehicle Engines, and Part 200, Referenced Material.

11 Section 177 of the Clean Air Act 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 York has revised the LEV

17 program periodically since 1992, with changes occurring in

18 2005 to incorporate motor vehicle greenhouse gas emission

19 standards.

20 New York State is now proposing to adopt

21 California'S most recent amendments to its most greenhouse

22 gas standards. The proposed amendments would provide

23 manufacturers with the option of demonstrating compliance

24 with the fleet average greenhouse gas emission standards

25 based on sales of passenger cara, light-duty trucks, and

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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 expected to 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 certified vehicles 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 1 s central and regional offices. Comments will

22 be received by the Department until 5:00 p.m. on

23 February 17th, 2010.

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Hearing February 10, 2010

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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 of Air 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 Protection Agency (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

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The existing NOx RACT requirements for

3 portland cement kilns have been in place since 1995. The

4 Department is proposing to revise Part 220 to require

5 updated NOx RACT for cement kilns and portland 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 system protocol, and continuous

15 emissions monitoring system plan.

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 perform a facility specific

19 RACT analysis that determines RACT for emissions of NOx,

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 allowed until 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 establish NOx RACT emission limits at each facility based

17 upon a current RACT evaluation. Approved RACT

18 determinations will be submitted by 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 Clean Air Act and EPA regulations. The proposal

25 represents New York State's implementation of those

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Hearing

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February 10, 2010

Page 12

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 or provided 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 of Air 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.

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Hearing

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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 of Nitrogen NOx.

5 Good afternoon. My name is Sideris

6 Caramintzos. I am an Environmental Engineer II in the

7 Division of Air 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 of Nitrogen (NOx) "

14 Of Title 6 of the Official Compilation of Codes, Rules,

15 and Regulations of the State of New 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 Department proposes 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 from permitting

24 requirements for certain stationary or portable combustion

25 installations. The exemption will now apply to all

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2 stationary ,or portable combustion installations whose heat

3 input is less than 10 mmBtu/hr heat 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

J\RTI I1ecording

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2 sources rely on the shutdown compliance option which

3 provides that the shutdown must occur no 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 air pollution control regulations.

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

9 present formal rulemaking process conducted pursuant to

10 the State Administrative Procedure Act, the Department

11 convened a stakeholder meeting to discuss the rulemaking.

12 The comments received from the stakeholder meeting 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 Clean Air Act. The revisions are part of New York

18 State's implementation of certain measures 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 or provided at these

25 hearings. Anyone who wishes to obtain information or

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Hearing February 10, 2010

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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 of Air

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 submitted by 5:00 p.m., Wednesday, February 17th, 2010.

12 Thank you for attending this hearing.

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MR. CARAMINTZOS: Good afternoon. My name is

3 Sideris Caramintzos. I am an Environmental Engineer II

4 with the New York State Department of Environmental

5 Conservation, Division of Air Resources.

6 On December 23rd, 2009, the Department

7 proposed amendments to Parts 200 and 228 of Title 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, and primers. 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 and heart 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). On April 30th,

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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 ·New York State, the New York 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 SIP provisions 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, and primers 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, and primers will prove a

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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 For guidance 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 air pollution control

12 authorities information to assist them in determining

13 reasonably and available control technology (RACT) for

14 VOCs from miscellaneous industrial adhesive application

15 processes.

16 The RACT adopted by this CTG was prepared by

17 the California Air Resources Board (CARB) in 1998. In the

18 years 1998 to 2001, the provisions of the CARE

19 determination were adopted in regulatory form in various

20 air pollution control districts in California, inclUding

21 the Bay Area, 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 and primers 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 included member 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 and primers 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 regulated products 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 of voe emission reductions in year 2012 for the SIP,

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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 primer within 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 regulated under 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 of New York until

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, and primers for use with single-ply

25 roofing membranes, and permissible time periods for the

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2 manufacture, sale and distribution of the existing

3 adhesives, sealants, and primers. 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 primer manufactured before 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 of voe reduced. Although low-VOe adhesives are at

12 present more expensive to make, the cost is no more 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 A copy of the proposed rule is available for viewing at

20 the Department website

21 http://www.dec.ny.gov/regulations/60692.html.

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Hearing February 10, 2010

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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" of Title 6 of

10 the Official Compilation of Codes, Rules, and Regulations

11 of the State of New 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 Protection Agency (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 compound VOC emissions less

24 than 3 tons per year on a 12-month rolling basis. This

25 exemption is currently 20 pounds pe,r day {3. 65 tons per

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Hearing

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February 10, 2010

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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 expand the

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 proposed revisions 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 of proposed 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 of VOC 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 or more on a rolling 12-month basis, is subject to all the

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Hearing

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 which has the potential

5 to emit 25 tons per year or more of vec, 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-month basis 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 of vec; 234.7 recordkeeping; and 234.8 opacity.

14 The adoption of this regulation is a

15 necessary part of the State Implementation Plan which New

16 York has developed to demonstrate compliance with the

17 Clean Air Act 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 or provided at these

25 hearings. Requests for information and comments related

ESQYIB,g

--_._------

J\R-TI Recording

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Facsimile: 212.557.2152

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Hearing

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February 10, 2010

Page 26

1 Proceedings

2 to the Part 234, 201, and 200 proposed revisions may be

3 directed to John Henkes, NYSDEC Division of Air 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 may be 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: A reminder that the public

12 comment period will close at 5:00 p.m., February 17th,

13 2010. Written statements should be submitted to the

14 Department at NYSDEC Division of Air Resources, 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. Thank you all for coming.

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(TIME NOTED: 2 :40 p.m.)

J\R--TI llecording

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Hearing

C E R T I FIe A 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.

12 IN WITNESS

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hand this /r:P day of

WHEREOF, I have hereunto set my

~'2010.

S~~~BARILLARO

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