STATE OF NEW YORK 

DEPARTMENT OF ENVIRONMENTAL CONSERVATION 

HEARING NOTICE 

 Notice is hereby given that the New York State Department of Environmental Conservation 

(Department) will hold joint legislative public hearings on: 

a) proposed revisions to 6 NYCRR Part 212, General Process Emission Sources, and revisions to the State 

Implementation Plan (SIP) to incorporate the proposed revisions to Part 212; 

b) proposed revisions to 6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle 

Engines, and attendant revisions to 6 NYCRR Part 200, General Provisions; 

c) proposed revisions to 6 NYCRR Part 220, Portland Cement Plants and attendant revisions to 6 NYCRR 

Part 200, General Provisions, and revisions to the SIP to incorporate the proposed revisions to Part 220 

and attendant revisions to Part 200; 

d) proposed revisions to 6 NYCRR Subpart 227-2, Reasonably Available Control Technology (RACT) for 

Oxides of Nitrogen (NOx) and attendant revisions to 6 NYCRR Part 200, General Provisions and 6 

NYCRR Subpart 201-3, Exemptions and Trivial Activities, and revisions to the SIP to incorporate the 

proposed revisions to Subpart 227-2 and attendant revisions to Part 200 and Subpart 201-3; 

e) proposed revisions to 6 NYCRR Part 228, Surface Coating Processes, Commercial and Industrial 

Adhesives, Sealants and Primers, and attendant revisions to Part 200, General Provisions, and revisions 

to the SIP to incorporate the proposed revisions to Part 228 and Part 200; 

f) proposed revisions to 6 NYCRR Part 234, Graphic Arts and attendant revisions to 6 NYCRR Part 200, 

General Provisions and 6 NYCRR Part 201, Permits and Registrations, and revisions to the SIP to 

incorporate the proposed revisions to Part 234 and attendant revisions to Part 200 and Part 201. 

 The statutory authority for the amendments to Part 212 is Environmental Conservation Law (ECL) 

sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-0311, 71-2103, 

and 71-2105. 

The statutory authority for the amendments to Part 218 and attendant revisions to Part 200 is ECL 

sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, 71-2105 

and federal Clean Air Act section 177.

 The statutory authority for the amendments to Part 220 and attendant revisions to Part 200 is ECL 

sections 1-0101, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, and 19-0311. 

The statutory authority for the amendments to Subpart 227-2 and attendant revisions to Part 200 and 

Subpart 201-3 is ECL sections 1-0101, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0311 and federal 

Clean Air Act sections 182(f) and 182 (b)(2)(c). 

The statutory authority for the amendments to Part 228 and attendant revisions to Part 200 is ECL 

sections 1-0101, 1-0303, 3-0301, 19-0101, 19-0105, 19-0107, 19-0305, 71-2105 and 71-2105. 

The statutory authority for the amendments to Part 234 and attendant revisions to Part 200 and Part 201 

is ECL sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0305, and federal Clean Air Act sections, 

172(c)(1), 182(b)(2)(A), and 182(b)(1)(B). 

 The Department proposes to revise Part 212, General Process Emission Sources to include control 

requirements for hot mix asphalt production plants for the purpose of reducing NOx emissions. Small burners 

will require an annual burner tune-up, while large burners will require an assessment of potential NOx control 

technologies. A related permit modification application will be due to the Department by June 1, 2010, and 

equipment or other emission reduction methods will need to be installed and tested by January 1, 2012. 
 The Department proposes to amend Part 218, Emission Standards for Motor Vehicles and Motor Vehicle 

Engines, and amend Part 200, General Provisions. The proposed amendments would incorporate California’s 

latest greenhouse gas (GHG) standards into New York’s existing low emission vehicle (LEV) program. The 

proposed amendments would provide vehicle manufacturers with the voluntarily option of demonstrating 

compliance based on the total number of passenger cars, light-duty trucks, and medium-duty passenger vehicles 

sold in New York, California, and all other states that have adopted California’s GHG emission standards under 

Section 177 rather than the current GHG fleet average requirements in each state. The GHG revisions to Part 

218 would apply to all 2009 and subsequent model year passenger cars, light-duty trucks, and medium-duty 

passenger vehicles. 

The Department proposes to revise Part 200 and Subparts 201-3 and 227-2. Part 200 is being revised to 

include several definitions currently residing in Subpart 227-2. At the same time these definitions are being 

removed from Subpart 227-2. Subpart 201-3 is being revised to lower the stationary or portable combustion 

installation exemption from 20 mmBtu/hr heat input to 10 mmBtu/hr heat input. Subpart 227-2 is being revised 

to lower the emission limits for very large boilers, large boilers, mid-size boilers, and small boilers. Also, for 

combined cycle/cogeneration combustion turbines a case-by-case RACT analysis will be performed to 

determine RACT. These revisions will also include new shutdown and system-wide averaging options for 

compliance. Subject facilities must submit, by January 1, 2011, either a complete application for a permit or a 

RACT analysis that explains that the control technology the facility currently employs should still be considered 

RACT for that source. Sources subject to the new emission limits must demonstrate compliance by July 1, 

2012, unless they choose to utilize the shutdown compliance provision (shutdown must occur no later than 

December 31, 2012). 

The Department proposes to revise Part 200 and Part 220. The current Part 220 will be divided into two 

subparts: 220-1 for portland cement plants; and 220-2 for glass manufacturing plants. In addition to other 

requirements, the existing regulation imposes Reasonably Available Control Technology (RACT) requirements 

on emissions of NOx from portland cement kilns. The existing NOx RACT requirements for portland cement 

kilns have been in place since 1995. The Department is proposing to revise Part 220 to require updated NOx

RACT for cement kilns at portland cement plants (Subpart 220-1), and to require NOx RACT 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 NOx emissions that exceed 100 tons/yr (upstate) and 25 tons/yr (downstate). 

In addition to the proposed revisions to Part 220, the Department is also proposing to revise to Part 200 by 

adding two new definitions; continuous emissions monitoring system (CEMS) certification protocol, and CEMS 

plan. 

The Department proposes to revise Part 200 and Part 228. The proposed amendments will limit 

emissions of volatile organic compounds (VOCs) from commercial and industrial adhesives, sealants and 

primers. New York State (NYS) is proposing this rule in response to the United States Environmental 

Protection Agency (EPA) designation of NYS as non- attainment for its 8-hour ozone National Ambient Air 

Quality Standard. The associated VOC emissions reductions from this proposed rule will be used as part of 

DEC’s plan for NYS to attain the ozone standard. The proposed rule will be added to Part 228 as Subpart 228-2, 

with the existing Part 228 rule, Surface Coating Processes, renumbered as Subpart 228-1. The proposed rule is 

based on a model rule which was developed by the Ozone Transport Commission (OTC) as part of a regional 

effort to attain and maintain the eight-hour ground level ozone standard and reduce eight-hour ozone levels. 

NYS is among the OTC participating states opting to promulgate ozone emission reduction rules based on this 

model rule. Also being amended is Part 200, General Provisions, and associated revisions to New York’s SIP. 

The Department proposes to revise Part 200, Part 201, and Part 234 to incorporate requirements outlined 

in the US Environmental Protection Agency’s ‘Control Techniques Guidelines for Flexible Package Printing’ 

and ‘Control Techniques Guidelines for ‘Offset Lithographic Printing and Letterpress Printing.’ The proposed 

Part 234 revisions expand the regulation’s applicability to include letterpress printing and establish RACT 

requirements on facilities that engage in flexographic, offset lithographic and rotogravure printing; they also 
impose requirements for graphic arts coatings and adhesives, and cleaning solutions used in letterpress and 

offset lithographic printing. The proposed revisions to Part 200 will update two references in Table 1 of section 

200.9. The publication date and page numbers of the referenced documents will be updated to the 2006 Code of 

Federal Regulations. In addition, the proposed amendments to Part 201 revise the criteria for a graphic arts 

process to obtain an exemption at 6 NYCRR 201-3.2(c)(13). In order to qualify for the exemption, graphic arts 

processes must be located outside a severe ozone non-attainment area and have facility-wide VOC emissions 

less than three tons per year on a 12-month rolling basis. Trivial activity listed at 6 NYCRR 201-3.3(c)(23) is 

also being revised to delete ‘Letter Press Operations’ and add ‘Proof Press Operations’. 

 Hearings on the proposed amendments described above will be held as follows and are scheduled in 

places that are reasonably accessible to persons with impaired mobility: 

 Date: Monday, February 8, 2010 

Time: 2:00 P.M. 

Location: NYSDEC Region 8 Office Conference Room, 6274 East Avon-Lima Road (Rts. 5 and 20), 

Avon, NY 14414 

 Date: Tuesday, February 9, 2010 

 Time: 2:00 P.M. 

Location: NYSDEC, 625 Broadway, Public Assembly Room 129-B, Albany, NY 12233 

 Date: Wednesday, February 10, 2010 

Time: 2:00 P.M. 

Location: NYSDEC Annex, Region 2, 11-15 47th Ave., Hearing Room 106, Long Island City, NY 

11101 

 Requests for information and comments related to Part 212 may be obtained from Scott Griffin, 

NYSDEC Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, telephone: (518) 402-8396, or 

email: 212asph@gw.dec.state.ny.us. Written statements may be submitted to the Department at the above 

address, until 5:00 P.M., Wednesday, February 17, 2010. 

 Requests for information and comments related to Part 218 may be obtained from Jeff Marshall, 

NYSDEC Division of Air Resources, 625 Broadway, Albany, NY 12233-3255, telephone: (518) 402-8292, or 

email: 218ghg@gw.dec.state.ny.us. Written statements may be submitted to the Department at the above 

address, until 5:00 P.M., Wednesday, February 17, 2010. 

 Requests for information and comments related to Part 220 and Part 200 may be obtained from Rick 

Leone, NYSDEC Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, telephone: (518) 402-

8403, or email: 220cement@gw.dec.state.ny.us. Written statements may be submitted to the Department at the 

above address, until 5:00 P.M., Wednesday, February 17, 2010. 

Requests for information and comments related to Subpart 227-2, Part 200 and Subpart 201-3 may be 

obtained from Mike Jennings, NYSDEC Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, 

telephone: (518) 402-8403, or email: 227ract@gw.dec.state.ny.us. Written statements may be submitted to the 

Department at the above address, until 5:00 P.M., Wednesday, February 17, 2010. 

Requests for information and comments related to Part 228, Part 200 may be obtained from Ralph Itzo, 

NYSDEC Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, telephone: (518) 402-8403, or 

email: 228scp@gw.dec.state.ny.us. Written statements may be submitted to the Department at the above 

address, until 5:00 P.M., Wednesday, February 17, 2010. 

 Requests for information and comments related to Part 234, Part 200 and Part 201 may be obtained from 
John Henkes, NYSDEC Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, telephone: (518) 

402-8403, or email: 234arts@gw.dec.state.ny.us. Written statements may be submitted to the Department at the 

above address, until 5:00 P.M., Wednesday, February 17, 2010. 

Requests for information and comments related to the SIP revisions may be obtained from Robert D. 

Bielawa, P.E., NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, telephone (518) 

402-8396; email airsips@gw.dec.state.ny.us. Written statements may be submitted to the Department at the 

above address, until 5:00 P.M., Wednesday, February 17, 2010. 

 Pursuant to Part 617 of the implementing regulations for the State Environmental Quality Review Act, 

the Department has prepared a Negative Declaration stating that the proposed actions will not have a significant 

negative effect on the environment. 

 The Department invites all persons, organizations, corporations, and government agencies that may be 

affected by the proposed actions to attend a hearing. At the hearings, persons who wish to make a statement will 

be invited to speak. It is requested that oral statements also be submitted in writing. The Department will give 

equal weight to written and oral statements, and since a cumulative record will be compiled it is not necessary 

for interested parties to attend each hearing. 

 The Department will provide interpreter services for deaf persons at no charge. Written requests for 

interpreter services are required and should be submitted by 5:00 P.M., Wednesday, January 20, 2010, to Laura 

Stevens, NYSDEC, 625 Broadway, Albany, NY 12233-3250, (518) 402-8451; email 

airregs@gw.dec.state.ny.us. 

 

The proposed regulations, SIP revisions, and associated supporting information may be obtained from 

any of the following Department offices: 

REGION 1, NYSDEC-Region 1, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790, Attention: 

Ajay Shah 

REGION 2, 1 Hunters Point Plaza, 47-40 21st Street, Long Island City, NY 11101, Attention: Samuel Lieblich 

REGION 3, 21 South Putt Corners Road, New Paltz, NY 12561, Attention: Kenneth Grzyb 

REGION 4, 1130 North Westcott Rd., Schenectady, NY 12306, Attention: Donald Spencer 

REGION 5, 232 Golf Course Rd., P.O. Box 220, Warrensburg, NY 12885, Attention: James Coutant 

REGION 6, Watertown State Office Bldg., 317 Washington St., Watertown, NY 13601, Attention: Thomas 

Morgan 

REGION 7, 615 Erie Boulevard West, Syracuse, NY 13204-2400, Attention: Reginald Parker 

REGION 8, 6274 East Avon-Lima Road, Avon, NY 14414, Attention: Thomas Marriott 

REGION 9, 270 Michigan Ave., Buffalo, NY 14203, Attention: Larry Sitzman