STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
HEARING NOTICE

Notice is hereby given that the New York St ate 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 revi sions to the SIP to incorporate the proposed revisions to Part 220
and attendant revisi ons to Part 200; d) proposed revisions to 6 NYCRR Su bpart 227-2, Reasonably Availabl e Control Technology (RACT) for Oxides of Nitrogen (NO
x ) 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 attend ant revisions to Part 200 and Subpart 201-3; e) proposed revisions to 6 NYCRR Pa rt 228, Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers, and attendant re visions to Part 200, Genera l 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 revi sions to Part 200 and Part 201.

The statutory authority for the amendments to Part 212 is Environmenta l Conservation Law (ECL) sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0 105, 19-0107, 19-0301, 19-0303, 19-0305, 19-0311, 71-2103,
and 71-2105.

The statutory authority for the am endments to Part 218 and attendant revisions to Part 200 is ECL sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0 105, 19-0107, 19-0301, 19-0303, 19 -0305, 71-2103, 71-2105
and federal Clean Air Act section 177.

The statutory authority for the am endments 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 amen dments to Subpart 227-2 and atte ndant 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 am endments 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, Ge neral Process Emission Sour ces 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 NO
x control technologies. A related permit modi fication 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 pr oposed amendments would incorporate California’s latest greenhouse gas (GHG) standards into New York ’s existing low emission ve hicle (LEV) program. The proposed amendments would provide vehicle manufactur ers with the voluntarily option of demonstrating compliance based on the total number of passenger cars, light-duty trucks, and medi um-duty passenger vehicles sold in New York, California, and al l other states that have adopted Ca lifornia’s GHG emission standards under Section 177 rather than the current GHG fleet average re quirements 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 sa me 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/h r heat input. Subpart 227-2 is being revised to lower the emission limits for very large boilers, larg e 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 th e control technology the facility currently employs should still be considered
RACT for that source. Sources su bject to the new emission limits must demonstrate compliance by July 1, 2012, unless they choose to utilize the shutdown comp liance provision (shutdown must occur no later than December 31, 2012).

The Department proposes to revise Part 200 and Part 220. The current Pa rt 220 will be divided into two subparts: 220-1 for portland cement plants; and 220-2 fo r glass manufacturing plants. In addition to other requirements, the existing regulation imposes Reasona bly Available Control Technology (RACT) requirements
on emissions of NO
x from portland cement kilns. The existing NO
x RACT requirements for portland cement kilns have been in place since 1995. The Department is proposing to revise Part 220 to require updated NO
x RACT for cement kilns at portland cement pl ants (Subpart 220-1), and to require NO
x RACT for glass furnaces at glass plants (Subpart 220-2). The proposed revisions will apply to major facilities only. Ma jor facilities are those that have a potential to emit NO
x 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; c ontinuous emissions monitoring system (C EMS) 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 a dhesives, 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 it s 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, Surf ace Coating Processes, renumbered as S ubpart 228-1. The proposed rule is
based on a model rule which was deve loped by the Ozone Transport Commi ssion (OTC) as part of a regional effort to attain and maintain the eight-hour ground leve l ozone standard and reduce eight-hour ozone levels. NYS is among the OTC participating states opting to promulgate ozone emission re duction rules based on this model rule. Also being amended is Part 200, General Provis ions, 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 fo r ‘Offset Lithographic Printing and Letterpress Printing.’ The proposed Part 234 revisions expand the regulation’s applicability to include letterpress pr inting and establish RACT requirements on facilities that engage in flexographic, offset lithographic and rotogravure printing; they alsoimpose requirements for graphic arts coatings and adhe sives, and cleaning solution s used in letterpress and offset lithographic printing. The proposed revisions to Part 200 will update two referenc es in Table 1 of section 200.9. The publication date and page numbers of the refe renced documents will be updated to the 2006 Code of Federal Regulations. In addition, the proposed amendments to Part 201 revise the cr iteria 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 a nd have facility-wide VOC emissions less than three tons per y ear on a 12-month rolling basis. Trivial ac tivity listed at 6 NYC RR 201-3.3(c)(23) is also being revised to delete ‘Letter Press Operations’ and a dd ‘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, Pub lic Assembly Room 129-B, Albany, NY 12233

Date: Wednesday, February 10, 2010
Time: 2:00 P.M.
Location: NYSDEC A nnex, Region 2, 11-15 47 th Ave., Hearing Room 106, Long Island City, NY
11101

Requests for information and comments related to Part 212 may be obtai ned from Scott Griffin,
NYSDEC Division of Air Reso urces, 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 obt ained from Jeff Marshall,
NYSDEC Division of Air Reso urces, 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 ma y be obtained from Rick Leone, NYSDEC Division of Air Resources, 625 Broadway, Alba ny, 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 a nd Subpart 201-3 may be obtained from Mike Jennings, NYS DEC 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, unti l 5:00 P.M., Wednesday, February 17, 2010.

Requests for information and comments related to Pa rt 228, Part 200 may be obtained from Ralph Itzo,
NYSDEC Division of Air Reso urces, 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 fromJohn 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 subm itted to the Department at the above address, until 5:00 P. M., Wednesday, February 17, 2010.

Requests for information and comments related to th e SIP revisions may be obtained from Robert D. Bielawa, P.E., NYSDEC, Divisi on of Air Resources, 625 Broadwa y, 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 stati ng 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 th e hearings, persons who wish to make a statement will be invited to speak. It is requested that oral statemen ts 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 a nd should be submitted by 5:00 P.M., Wednesday, January 20, 2010, to Laura Stevens, NYSDEC, 625 Broadway, Al bany, NY 12233-3250, (518) 402-8451; email airregs@gw.dec.state.ny.us

.

The proposed regulations, SIP revi sions, and associated supporting in formation may be obtained from any of the following Department offices:

REGION 1 , NYSDEC-Region 1, SUNY @ Stony Brook, 50 Ci rcle Road, Stony Brook, NY 11790, Attention: Ajay Shah
REGION 2 , 1 Hunters Point Plaza, 47-40 21 st Street, Long Island City, NY 11101, Attention: Samuel Lieblich
REGION 3 , 21 South Putt Corners Road, New Pa ltz, 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, Warre nsburg, 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