### 1 NEW YORK STATE DEPARTMENT OFENVIRONMENTALCONSERVATION 2 DIVISIONOFAIR RESOURCES 3 

### 4 Re: 6NYCRR Part 212, General Process Emission Sources; 6 5 NYCRR Part 218, Emission Standards for Motor Vehicle 6 Engines; 6 NYCRR Part 220, Portland Cement Plants and Glass 

### 7 Plants; 6 NYCRR Subpart 227-2 ReasonablyAvailable Control 8 Technology For Oxides ofNitrogen; 6NYCRR Part 228, 

### 9 Surface Coating Processes, Commercial and**Indu~trial** 

### 10 Adhesives, Sealants and Primers; 6NYCRR Part 234, Graphic 11 Arts and Parts 200 and 201 Revisions. 12 13 

### Public Hearing, held at NYSDEC Region 8, Conference 14 oom, 6274 E. Avon-Lima Road, Avon, New York 14414, on February 15 8, 2010, 

### commencing at 2:00 

### p.m. 16 17 

### 18 19 

### 20 21 

### 22 23 

### 24 REPORTED BY: MARY ELIZABETH SEAMAN 

### 25 

## C(f;.wetllioe(f5J{'''I''Ylb'jtf!/eJ'fJlee 28EASTMAINSTREET,SUITE101 ROCHESTER,NY146142



### Thomas L. Marriott, P.E. Regional Air Pollution**~ontrol** Engineer 

### Kodak Project Director Region 8 6274 East Avon-Lima Road Avon, New York 14414-9519



### Thomas G. Wickerham Environmental Program Specialist II Region 8 Division ofAir Resources 6274 East Avon-Lima Road Avon, New York 14414-9519

Rich Pecnik, Gernatt, NYCMA 

### Mike Mueller, Indeck TomKrysiak, Indeck TomJohnson, Dolomite (RAM) 

### Greg Rose, Dolomite (RAM) JeffHolley, Hanson 

### Scott Scharping, KeelerCanst. Co. Chip Nelson, JMI 

### Jon Reimann, AES Larry Rees, HauckMfg.



### q),1:e('((/iue

## @ft(xJrlbJ'j**~1'fJit'(}** 28EASTMAINSTREET,SUITE1013 1 2 MR. MARRIOTT: The time now is 2:05 p.m. This is 

### 3 an 

### administrative public hearing with a legislative format 

### 4 before the New YorkState Department of**E~vironmental** 

### 5 Conservation for the matter ofthe Department's proposed 6 revisions to Parts 200, 201, 212, 218, 220, 227-2, 228, and 234 7 of Title 6 of the Official Compilation of Codes, Rules and 8 Regulations of the'State ofNew York and revisions to the State 9 Implementation Plan. 

### 10 The purpose ofthis hearing is to receive public 

### 11 

### comment on the proposed regulations. Ifyou wish to make a 12 statement, please fill out one of the cards and give it to me 13 as some of you have done. The cards will be used to call the 14 speakers in the order that I receive the cards. 15 My name is Thomas Marriott and I'm the regional 16 air pollution control engineer, but I'll be serving as the 17 hearing officer for the Department here. All persons, 18 organizations, corporations, or government agencies that may be 19 affected by the proposal are invited to submit either written 20 or oral statements. Statements taken today, whether written or 21 spoken, will be incorporated into the official record of this 22 proceeding. Ifyou have your statement in writing please 23 provide me with a copy for the ease oftranscription by the 24 court reporter. Your statements are not given under oath nor 25 will there be any cross examination. It's only necessary to

## C(5.'t~(ditle@'{'ejJoi'lilllj(j!/emiee 28EASTMAINSTREET,SUITE101 ROCHESTER,NY146144 

### 1 

### 2 attend one ofthe hearing sessions as a cumulative record will 3 be compiled. 

### 4 Written statements received during the public

, 

### 5 

### commentperiodand oral statements at the hearing will be given 6 equal weight. Please submit any lengthy statements inwriting. 

### 7 If you 

### wish youmay summarize such statements verbally, and the 8 

### written comments can be submitted on or before 5:00 p.m. on 

### 9 February 17th,'2010 to the Division ofAir Resources, 625 10 Broadway, Albany, New York, 12233-3251. 

### 11 Notices of the hearings were pUblished in the 

### 12 December 23rd, 2009 edition ofthe Environmental Notice 13 Bulletin and the State Register. Notices were also published 14 on 

### December 23rd, 2009 in the New York Post, Newsday, the 15 Albany Times Union, the Glenns Falls Post Star, the Syracuse 16 Post Standard, the Rochester Democrat and Chronicle, and the 17 Buffalo Evening News. 18 There's a total ofthree hearing sessions. 19 Additional hearings will be tomorrow, Tuesday, February 9th at 20 the DEC headquarters in Albany, 625 Broadway, Room 129B. That 

### 21 will be at 2:00 p.m., andthenWednesday, February 10that 22 DEC's Region 2Annex on 47th Ave. in New YorkCity. That will 

### 23 also be at 2:00 p.m. 24 I will now calIon Thomas Wickerhamofthe 25 Division ofAir Resources to give a brief summary ofthe 

### I:(8amrtitte

# {[jfeJ6)'(PlIJ(j!/erU(Re 28EASTMAINSTREET,SUITE1015 1 2 regulations that are proposed here. 3 4 

### MR. WICKERHAM: What**I~ll** 

### do is present the hearing 5 statement for 

### each ofthe rules that are the subject of 6 today's hearing and 

### then we'll go from there. 7 8 

### Good afternoon, my name is Thomas Wickerham. I 

### am 9 an 

### Environmental Program Specialist with the New York State 10 Department ofEnvironmental Conservation Division ofAir 11 Resources Region 8 office. 12 The New York State Department ofEnvironmental 13 Conservation (the Department) is proposing to revise 6 NYCRR 

### 14 Part 212, General Process Emission Sources. This revision 15 will add requirements for nitrogen·oxide or "NOx" reductions 16 

### at hot mix asphalt production plants throughout the state. 17 The Department is proposing this regulatory revision in order 18 to help meet the increasingly stringent National Ambient Air 19 Quality Standards for ozone. 20 NOx emissions result from the operation of a burner 21 which heats and dries the aggregate. The revised regulation 22 contains separate control requirements for small and large 23 asphalt plants burners. The minimum requirement will be an 24 annual burner tune-up. Operators of large burners will need 25 to analyze the technical and economic feasibility of 

## y&1.'e('lrliuerfj}{'ejJ'4Itil!j

# (j}/enJ«'e

28EASTMAINSTREET,SUITE101 ROCHESTER,NY146146 

### 1 

### 2 additional NOx controls. The owneroroperator ofa hotmix 3 asphalt productionplantwill be required to submit an 4 application to the Department to modify its permit to address 5 these new control requirements by June 1st, 2010. Any control 

### 6 

### equipment or other emission reduction methods approved by 

### the 

### 7 Departmentmustbe installed or implemented by

### January 1st, 8 2012. 9 The Department will be accepting comments on this 10 rulemaking through 5p.m. on February 17th, 2010. Public 

### 11 notices to this effect havebeenpublished in the 12 Environmental Notice Bulletin, the State Register and various 

### 13 newspapers aroundthe state. Theproposed rule is available 14 for review at 

### the Department's web site at www.dec.ny.gov and 15 at the Department's Regional Offices. For answers to any 16 questions regarding this rulemaking, you can contact Scott 17 Griffin, G-R-I-F-F-I-N, at(518)402-8396 orbye-mail at 18 212asph@gw.dec.state.ny.us. Thankyou. 19 20 Andthe secondhearing statement for Part 218, 21 Emission Standards for MotorVehicles and MotorVehicle 22 Engines. ,Thepurpose ofthis legislative hearing is to 23 solicit comments on the proposedrevisions to 6NYCRR Part 24 218, Emissions Standards for MotorVehicles andMotorVehicle 25 Engines, and Part 200, ReferencedMaterial. 

### q)1L'eRllliue

# f?J{'rxpdbl'!JVlknJire 28EASTMAINSTREET,SUITE101

### 7 1 

### 2 Section 177 ofthe CleanAirAct provides that 

### 3 states may adopt the Californianew vehicle emission standards 

### 4 provided that these standards are identical to California's. 5 New York adopted the California**~ow** 

### emission vehicle or "LEV" 6 

### programin 1992 

### forpassenger cars and light-duty trucks. New 7 York has revised the LEV program periodically since 1992, with 

### 8 changes occurring in 2005 to incorporate motorvehicle 9 greenhouse gas emission standards. 10 New York State is nowproposing to adopt 11 California's most recent amendments to its greenhouse gas 

### 12 standards. The proposed amendments wouldprovide 13 

### manufacturers with the option ofdemonstrating compliance with 14 the fleet average greenhouse gas emissions standards based on 15 sales of passenger cars, light-duty trucks, and medium-duty 16 passenger vehicles in New York, California, and all other 17 states that have adopted the California greenhouse gas 18 standards under Section 177. The greenhouse gas standards 19 would take effect for all 2009 and subsequent model year 20 passenger cars, light-duty trucks, andmedium-duty passenger 21 vehicles. Adoption of the greenhouse gas standards is not 22 expected to negatively impact jobs and employment 23 opportunities in New York State. Automotive affiliated 24. businesses compete within the state and generally are not 25 subject to competition from out-af-state businesses. The 

## Yfia'(3('(rli.ue6f'f'/JOdtilljr;;femi.ee

28EASTMAINSTREET,sum101 O

.......UCc::n:ll IoIV1"'':;168 1 2 regulations are not expected to impose a**co~petitive** 3 disadvantage on affiliated businesses. Reporting and 4 compliance documentation is the same as that already required 

### 5 for California certifiedvehicles sold in New York and is not 6**e~pected** to be burdensome. 7 Copies of the proposed draft Part 218 regulation 8 and related regulatory support documents are available at the 9 Department's website and from the Department's central and 10 regional offices. Comments will be received by the Department 11 until 5:00 p.m. on February 17th, 2009. 12 13 

### 14 15 MR. MARRIOTT: 2010. MR. WICKERHAM: 2010. I apologize.

This is, the hearing statement for Part 220 

### 16 PortlandCement Plants and Glass Plants. This public hearing 17 

### is one of three scheduled for the purpose of receiving 18 statements and comments on the Department of Environmental 19 Conservation's (the Department) proposal to amend Part 200, 20 "General Provisions" and Part 220, "Portland Cement Plants" of 21 Title 6 of the Official Compilation ofCodes, Rules, and 22 Regulations ofthe State ofNew York, and associated revisions 23 to the State Implementation Plan or SIP. The proposed rule 24 amendments when finalized will be included in the SIP upon 25 approval by the United States Environmental Protection Agency

## ~W('l(li//e rPJ['ejJM!/(;)!j

## ~)'()i<'e 28EASTMAINSTREET,SUITE1019 1 2 (EPA)

. 3 The Department is proposing to revise 6 NYCRR Part 

### 4 200, General Provisions, and Part 220, PortlandCement Plants. 5 The current Part 220 will be divided into two sub-parts: 6 220-1 

### for portland cement plants: and 220-2 for glass 7 manufacturing plants. The Department is proposing to revise 

### 8 Part 220 to require updatedNOx, N-O-X 

### RAeT, R-A-C-T for 9 

### cement kilns at portland cement plants in SUbpart 220-1, "and 

### 10 to require 

### NOxRAeT for glass furnaces at glass plants in 11 Subpart 220-2. The proposed revisions will apply to major ·12 facilities only. Major facilities are those that have a

13 potential to emit NOx in excess of 100 tons/yr upstate and 25 14 tons/yr downstate. In addition to the proposed revisions to 15 Part 220, the Department is also proposing to revise Part 200 16 by adding two new definitions; continuous emissions monitoring 17 system certification protocol, and continuous emissions 18 monitoring systemplan. 19 The Department is taking a RAeT approach that 20 requires a facility specific analysis. The plant owner or



## , 21 operator will be required to perform a facility specific RACT 22 analysis that determines RACT for emissions ofNOx, 23 establishes a NOx RAeT emission limit(s), identifies the 24 procedures andmonitoring equipment to be used to demonstrate 25 compliance with the NOx RACT emission limits, and includes a 

## C{f)a:eelrli,()(j[fj'{''f'orlilljr;;;kmke 28EASTMAINSTREET,SUITE101 ROCHESTER,NY1461410 1 2 schedule for any equipment installation. The proposed NOx 3 RAeT implementation date is July 1, 2012. The RAeT analysis 

### 4 must be submitted to the Department for review and approval. 5 The proposed revisions to Part 220 include the option of 6 allowing a facility to rely on a permit condition that 

### 7 

### requires the future shutdown ofa subject source at the 8 facility. Under the proposed shutdown option, a facility that 9 obtains a·permit condition that requires the shutdown of a 

### 10 source

### by a specific date 

### will not be required to conduct a 11 RAeT analysis or comply with 

### theproposed continuous 

### emissions 12 monitoring systemrequirements. The continped operation of 13 the source will be allowed until the NOx RAeT implementation 14 date. Approved RACT determinations will be submitted by the 15 Department to the EPA for approval as a separate SIP NOx RACT 16 emission limits at each facility. 17 The adoption of this regulation is a necessary part 18 of the State Implementation Plan which New York has developed 19 to demonstrate compliance with the Clean Air Act and EPA 20 regulations. The proposal represents New York State's 21 implementation of those measures needed to meet the national 22 ambient air quality standards. 23 The Department will provide a written response to 24 comments received or provided at these hearings. Requests for 25 information and comments related to the Part 220 and Part 200

## ~I;e('((/itte{[jl['ejJolllill'j (j!/el'lliee 28EASTMAINSTREET,SUITE10111 1 

### 2 

### proposed revisions may be directed to Rick Leone, L-E-O-N-E, 

### 3 at the NYSDEC Division ofAir Resources, 625 Broadway, Alban¥, 

### 4 New York, 12233-3254, by 

### telephone at (5181 402-8403, orby 5 email at:220cement@gw.dec.state.ny.us

. 6 All ofthe rulemaking documents associated with 7 this rulernaking proposal are available on the Department's 8 website. Written statements may be submitted to the 

### 9 Department until 5:00 p.m., Wednesday, February 17, 2010. 10 11 And this is thehearing statement for Subpart 12 227-2, Reasonably Available Control Technology for Oxides of 13 Nitrogen. This public hearing is one of three s_cheduled for 

### 14 the purpose ofreceiving statements and comments on the 15 Department of**Envi~onmental** 

### Conservation's (the Department's) 16 proposal to amend Part 200, "General Provisions," Subpart 17 201-3, "Exemptions and Trivial Activities" and Subpart 227-2, 18 "ReasonablyAvailable Control Technology (RACT) .forOxides of 19 Nitrogen (NOx)" ofTitle 6ofthe Official Compilation of 20 Codes, Rules, and Regulations ofthe State ofNew York, and 21 associated revisions to the State Implementation Plan (SIP). 22 The proposed rule amendments when finalized will be included 23 iri the SIP upon approval by the United·States Environmental 24 ProtectionAgency. 25 Subpart 201-3 is being revised to lower the 

### C(f5.TfX!{(liuerf5}['ejJortbJlfjr;JIemiee 28EASTMAINSTREET,SUITE101 ROCHESTER.NY14614

### 12 1 

### 2 applicability threshold for the exemption from permitting 3 requirements for certain stationary and portable combustion 4 installations. The exemption will now apply to all stationary 

### 5 or

### portable combustion installations whose heat input 

### is less 

### 6 than 10 mmBtu/hrheat input. The current applicability 7 threshold is 20 mmBtu/hr heat input for those installations 8 found outside the downstate New York City area that is 

### 9 classified as severe non-attainment for the one-hour ozone 10 national ambient air quality standard. 

### 11 Subpart 227-2 is being revised in a number of 

### 12 significant ways. The emission limits for very largeboilers, 13 large boilers, mid-size boilers, and small boilers are being 14 made more stringent. For each combined cycle combustion 15**~urbiner** 

### SUbpart 227-2 will now require that a case-by-case 16 

### RAeT analysis be performed and will now include shutdown and 17 system-wide averaging compliance,options for all subject 18 sources. 19 Owners and operators of sources subject to Subpart 20 227-2 must submit, by January 1st, 2011, either a complete 21 application for a permit or a

### RAeT analysis that explains that 22 the control technology the faci,lity currently employs should 23 still be considered RACT for that source. Sources subject to 24 the new emission limits must demonstrate compliance by 25 July 1st, 20i2 unless the sources rely on the shutdown 

### C(f),t-eelfliue

## @fejJorlti,'j(j1/er.(Jlee 28EASTMAINSTREET,

### sum10113 

### 1 2 compliance option which provides that the shutdown must occur 

### 3 no 

### later than December 31, 2012. Several definitions will be 4 removed from Subpart 227-2 and transferred to Part 200, thus 5 making those definitions generally applicable to all of the 6 Department's air pollution control regulations. 7 The proposed revisions will amend regulations that 

### B are 

### essential components ofthe SIP that New Yorkhas 9 developed to comply with the requirements ofthe federal Clean 10 Air Act. The revisions are part ofNew York State's 

### 11 implementation ofcertain measures needed to meet the national 12 ambient air 

### quality standards for ozone. 13 The Department will provide a written response to 14 comments received or provided at these hearings. Anyone who 15 wishes to obtain information or submit comments related to 16 Subpart 227-2, Part 200, and Subpart 201-3 may contact Mr. 17 Mike Jennings at the NYSDEC Division ofAir Resources, 625 18 Broadway, Albany, NY 12233-3254, telephone (518)402-8403, or 19 e-mail at227ract@gw.dec.state.ny.us. or visit the 20 Department's website at 21 www.dec.ny.gov/regulations/propregulations.html. Written 22 comments must be submitted to the Department by 5:00 p.m. 23 Wednesday, February 17, 2010. 24 25 And this is the hearing statement for Part 228, 

### cqs.7XJ('{(/i,te

## (fJ){'ej»'I'ti!'j(j!/enlit'(} 28EASTMAINSTREET,SUITE101 gnru=o NY14*'14

### 14 1 

### 2 Surface Coating Processes, Commercial and Industrial 3 Adhesives, Sealants and Primers. 4 On December 23rd, 2009 

### tne Department'proposed 

### 5 'amendments to parts 200 and 228 ofTitle 6 ofthe Codes, Rules 

### 6 and Regulations ofthe State ofNew York to reduce ozone 7 

### precursor. emissions from commercial and industrial adhesives, 8 sealants and primers. This regulation will result in lower 

### 9 ambient ozone levels. Ozone is formed in the atmosphere by a 

### 10 variety of

### photochemical reactions involving volatile organic 11 compounds (VOCs) and nitrogen oxides.(NOx) in the presence of 12 sunlight andwarm temperatures. Ground level ozone, a 13 respiratory irritant, aggravates respiratory conditions like 14 chronic lung and heart diseases, allergies, and asthma. 15 The adoption ofthe revisions to Part 228 will 16 assist the Department in attaining the National Ambient Air 17 Quality Standards (NAAQS) for Ozone. On April 30th, 2004, the 18 United States Environmental ProtectionAgency (EPA) published 19 a final rule designating and classifying all non-attainment 20 areas for the 1997 8-hour ozone national**ambi~nt** air quality 21 standard. For the various non-attainment areas in New York 22 State, the New York State Department ofEnvironmental 23 Conservation {the Department) is required to submit revisions 24 to the State Implementation Plan {SIP) that show that New York 25 State will attain the 8-hour ozone National Ambient Air 

## qjfe<'ltliuer9ff(J6r1bllj({#emke 28EASTMAINSTREET,SUITE101

### 15 1 

### 2 Quality Standards by 

### the applicable date, and that the State 

### 3 is 

### making reasonableprogress towards this goal. These SIP 4 revisions must include the establishment ofnew orrevised 5 control requirements for emissions ofthe precursors ofground 6 level ozone pollution: NOx andVOCs. The Department has 

### 7 listed this proposed regulatory revision for commercial and 

### 8 industrial adhesives, sealants andprimers as ameasure that 9 would**h~lp** progress toward attainment in SIPs already 10 submitted to the EPA. Additionally, these more stringent 

### 11 requirements will prove a necessary component ofrealizing the 12 recently announced 2008 National Ambient Air Quality Standards 13 for ozone, which will require that ambient concentrations 14 throughout the state must meet a 0.075 part permillion 15 standard. 16 The Department is basing the revisions to Part 228 17 on'the 2006 Ozone Transport Commission Adhesives and Sealants 18 Model Rule which achieves

## vee reductions through two basic 19 components: sale and manufacture restrictions that limit the 20 

## vee content of specified adhesives, sealants and primers sold 21 in the state; and use restrictions that apply primarily to 22 commercial/industrial applications. These revisions will 23 result in approximately 12.2 tons per day of

## vee emission 24 reductions in the year 2012 for the State Implementation Plan. 25 The revisions to Part 228 will apply to any person who sells, 

### C?).W<'lllitJC

## {fj'{'ejJoriti/lj(j!/entil'C 28EASTMAINSTREET,sum101**Dnrw~~D ~Vl&~t.** 16 1 2 supplies, offers for sale, or manufactures for sale in New 3 York State any adhesive, sealant, adhesive primer or sealant 

### 4 primer for use inNew York State. These revisions will also ,5 apply to any person who uses or applies any adhesive, sealant,

6 adhesive primer or sealant primerwithin New York State. 

### 7 To assure the continuation ofthe achievement of 8 quality construction in the State ofNew York until 9 alternative low

## voe products become availablet a phased-in 

### 10 seasonal implementation shall beprovided. As a result, this 11 phase-in provision applies to the use and sale ofadhesives, 

### 12 sealants, andprimers for use with single-ply roofing 13 membranes, andpermissible time periods for themanufacture, 14 sale and distribution ofthe existing adhesives, sealants, and 15 primers. Also, a four month product "sell-through" period 16 shall be allowed for any commercial and industrial adhesive, 17 sealant, adhesive primer or sealant primermanufactured before 18 the effective compliance dates andVOC content limits adopted 19 in the new Part 228. 20 The Department alsoproposes to amend Part 200 to 21 incorporate by reference all applicable test methods, 22 regulations, and procedure documents. 23 The Department will be accepting comments on this 24 rulernaking through 5 p.m. on February 17, 2010. Acopy of the 25 proposed rule is available for viewing at the Department 

## "@W<!lrliue

## (f5}{'ejJodliJlj(jIkI'l'W{} 28EASTMAINSTREET,SUITE101

### 17 1 2 website at http://www.dec.ny.gov.regulation/60692.htrnl. 

### 3 Questions 

### regarding this rulemakingmaybe directedto Mr. 4 Ralph Itzo, I-T-Z-O, at (518)402-8403. 5 6 And the hearing statement for part 234, Graphic 

### 7 Arts. This pUblic hearing is one ofthree scheduled to 

### 8 receive statements andcomments onthe Department of 9 Environmental Conservation's (Department) proposal to amend 10 Part 200, "General Provisions", Part 201, "Permits and 11 Registrations" and Part 234 "Graphic Arts" of Title 6 of the 12 Official Compilation of Codes, Rules and Regulations of the 13 State of New York, and associated revisions to the State 14 Implementation Plan or "SIP." The proposed rule amendments 15 when finalized will be included in the SIP upon approval by 16 the United States Environmental Protection Agency (EPA). 17 The proposal will update two references in Table 1 18 of section 200.9 to reflect the 2006 Code of Federal 19 Regulations. The proposed amendments to Part 201 revise the 20 criteria for a graphic arts process to obtain an exemption at 21 201-3.2(c) (13). In order to qualify for the exemption, 22 graphic arts processes must be located outside a severe ozone 23 non-attainment area and have facility-wide volatile organic 24 compound or "voe" emissions less than three tons per year on a 25 12-month rolling basis. This exemption is currently 20 pounds

## q;.~mtlitJe**[fj{'~rti41J** (j!/eJ'fJ/,M 28EASTMAINSTREET,SUITE 101 ROCHESTER,NY14614

### 18 1 2 per day which is 3.65 tons per year. Also amended i,s a 

### 3 trivial activity listed at 201-3.3(c)(23) to delete 'Letter 4 Press Operations' and add 'Proof Press Operations'. 

### 5 The proposed Part 234 revisions expand the 

### 6 regulation's applicability to include letterpress printing and 7 establishmore stringent ReasonablyAvailable Control 8 Technology or "RAeT" requirements on facilities that engage in 9 flexographic, offset lithographic and rotogravure printing. 

### 10 The proposedrevisions also impose new requirements for 11 graphic arts coatings and adhesives, and cleaning solutions 12 used in letterpress and offset lithographic printing. 13 The language ofproposed section 234.1, General 14 Applicability and Exemptions, will be revised to expand the 15 applicability ofthe regulation. Currently part 234 applies 16 to facilities in ozone non-attainment areas and all major 17 facilities. Major**facilit~es** are those with the potential to 18 emit 25 tons of

## voe or more per year in lower Orange County, 19 and 50 tons of

## vee or more per year in the rest of the state. 20 Under the revisions, any graphic arts facility that is located 21 in a**sev~re** ozone non-attainment area, or any facility with 22 annual

## vee emissions of 3 tons or more on a rolling l2-month 23 basis is SUbject to all the requirements of Part 234 as 24 specified. Further, any facility in an ozone non-attainment 25 area, all major facilities, and any emission unit which has



### C(5:1-'(!('ltlilJe

# @['~Jcf/;J'J (j!/er-lJiee 28EASTMAINSTREET,SUITE101

### 19 1 2 the potential to emit 2S tons per**y~ar** or more of VQe, will be 

### 3 required to use low

### vae content inks, coatings, and adhesives, 4 

### oruse add-on controls to limit emissions. Facilities that' 

### 5 are 

### locatedoutside a severe ozonenon-attainment areawith 6 annual vae emissions less**t~an** 3 tons on a rolling 12-month 7 basis are only subject to the proposed requirements of section 

### 8 234.5, Prohibition of sale or specification; Section 234.6 9 Handling storage and disposal of

### vaCi Section 234.7 10 Recordkeepingi and Section 234.8 Opacity. 

### 11 The adoption ofthis regulation is a necessary part 12 of the SIP which New York State has developed to demonstrate 13 compliance with the Clean Air Act, and EPA regulations and 14 Control Techniques Guidelines. The proposal represents New 15 York State's implementation ofthose measures needed to meet 16 the national ambient air quality standards, as well as to 17 safeguard the health and welfare of its population, while also 18 promoting economic growth. 19 The Department will provide a written response to 20 comments received or provided at these hearings. Requests for 21 information and comments related to the Part 234, 201, and 200 ·22 proposed revisions may be directed to Mr. John Henkes, 23 H-E-N-K-E-S, at the New York State DEC Division ofAir 24 Resources, 625 Broadw?y, Albany, New York 12233-3254, by 25 telephone at (518)402-8403 or bye-mail at 

### Y$.'l:e<'/{Iitle9rejtoi<ltillf(j!/er.fIWe 28EASTMAINSTREET,SUITE101**Dn~U~~D ~v,~~,~** 

### 20 1 2 234arts@gw.dec.state.ny.us. All the rulemaking documents 3 associated with this rulemaking proposal are available on the "4 Department's website. Written statements may be submitted to 5 the Department at the above address until 5:00 p.m. 6 Wednesday, February 17, 2010. Thank you. 7 8 

### MR. MARRIOTT: ThankyouMr. Wickerham. 

## We have made 9 arrangements for a stenographer to record these proceedings. 

### 10· Ifyou read a prepared statement, please read it 

### slowly and if 

### 11 possible have a copy for the reporter. Ifyou leave acopyof 12 

### your statementwith the reporter and you would like it 13 returned, leave your address with the reporter and the 14 reporter will arrange for it to be returned. If your 15 statement is lengthy I would recommend you submit your 16 statement in**~riting** and then summarize it in your verbal 17 statements. Has everyone who wishes to speak handed in a 18 card? Okay. I'm going to call the speakers here. Are there 19 any elected Federal, State, 'orCounty officials here? Good. 20 Okay. Please state your name cleprly for the record and spell 21 your last name. Mr. Rich Pecnik is it? 

### 22 23 RICHARD PECNIK: ThankyouMr. Marriott. My name. 24 is Richard Pecnik, P-E-C-N-I-K and I represent the Gernatt 25 Family ofCompanies and also the New York Construction 

### C(S1:e<'triiDe

## tJftjJlHtbt'jr;;Jkmi.f'e 28EASTMAINSTREET.SUITE101

### 21 1 2 Materials Association. We at Gernatt are a family owned and 3 operated business that has been in existence since 1955 

### 4 located 35 miles from Buffalo in southwestern New YorkState. 5 We employ nearly 170 people in our operations at eight 6 different locations. We currently operate five hot mix 7 asphalt plants producing blacktop primarily for Federal, 8 State, County, Town, and private projects. Our plants all 

### 9 have New York StateAirpermits which keep us compliantwith 10 the Federal CleanAirAct. Ourblacktopplants are all fueled 11 by natural gas. 12 The proposed revisions to Part 212 give us great 13 

### concern for many reasons. Most nota?ly are the lack of 14 definitions ofterms such as "low NOx burners", the incredibly 15 short timeframe for compliance with plant assessments, the 16 huge cost implications of having to retro-fit or add on to 17 existing facilities with minimal reduction in emissions, and 18 the lack of anymeasurable standards with which to comply. 19 The Federal Environmental Protection Agency declared in 2007 20 that blacktop plants were not a significant source of air 21 emissions. Looking at the total NOx emitted by the roughly 22 200 plants in New York State reenforces this statement. The 23 entire volume ofNOx emittedby all the blacktop plants in New 24 York State is approximately 731 tons per year which represents 25 .13% of all NOx emissions in the State. This number is 

## C(f;.weltliue

## @fejJodhijrj}/enJV'e 28EASTMAINSTREET,SUITE101 RnrHF<:T"FR NY 141;14

### 22 1 2 clearly insignificant when compared to other NOx sources, 3 making any reductions gained by the proposed 212 regulations 4 

### insignificant. 5 The cost of.achieving"compliance with the proposed 6 regulations will certainly take many blacktop plants out of 

### 7 service, eliminatingjobs, makingblacktop amuchmore costly 8 and less accessible material. Increased costs to the producer 9 resulting from compliance with these regulations will be 10 passed on in higher costs for blacktop. Budgets at agencies 

### 11 like the ThruwayAuthority, the New York State Department of 12 Transportation, andCounty, Town, andVillage Highway 13 Departments will be decimated. This will drive up the costs 14 ofprojects using blacktop significantly, leading to huge 15 increases in greenhouse gas emissions, including NOx, as 16 project sponsors will have to travel greater distances, using 17 more trucks and burning more**fu~l,** to get the product. These 18 increased emissions will be far greater than the reductions 19 generated by compliance with these regulatory changes. Roads 20 and bridges will bemaintained even less efficiently and the 21 quality of our infrastructure (the backbone of all commerce, 22 commercial and private) will deteriorate at an even faster 23 rate than it currently is. Poor infrastructure moves traffic 24 much less efficiently directly contributing more NOx emissions 25 to the environment. This legislation will result in a net

## ~1-'tJ('((li,{le 

## @'{'ej»r.//;{Ij(j2hrfJiee 28EASTMAINSTREET,SUITE101

.. .

### ..23 1 2 increase in NOx emissions. In the assessment of "Cost to 

### 3 State and Local Goverrunents" it 

### is statedthere will be no 

### 4 cost to these entities. This is blatantly false for the 5 

### reasons described above. 

### 6 Who at the agency is going to conduct the technical 7 review of the assessments required by 

### June 1st, 2010? Will 8 approval/disapproval be consistent statewide? Many State 

### 9 regulations are already applied inconsistently in different 

### 10 regions 

### andmany technical documents required by 

### the regulated 11 

### community are being reviewed 

### byAgencypersonnel who are 12 entirely unqualified to do so. The regulations contain no 

### 13 

### assurances that the applicant will get fair and equal 14 treatment. 15 These proposed changes, while well-intended, seem 16 to be poorly thought out. The long termimplications will 17 actually defeat the intended purpose by generating more 18 emissions than they reduce. DEC shouldtake a step backand 19 look at uses which generate more significant volumes ofNOx. 20 The cost versus benefit ratio ofthese regulations is 21 impractical. The implications ofexcess costs, increased 22 emissions, loss ofjobs, further degraded infrastructure, and 23 reduced services is too great for the taxpayers ofNew Yorkto 24 have to endure. 25 Please incorporatemy comments into the hearing 

### C(f;l:&ftliuerfj{'epodtilljrj!/enJk'e 28EASTMAINSTREET,SUITE101 ROCHESTER,NY1461424 1 

### 2 record. Thank you. 3 4 5 6 

### MR. MARRIOTT: Thank you. Mr. Chip Nelson.

CHIP NELSON: 1 1

### mgoing to decline to go verbal. 

### 7 I'mjust going to put it 

### inwriting by 

### the 17th. 8 9 MR. MARRIOTT: Okay. Thank you. Is there anyone 

### 10 else who wishes to speakthat qidn't complete a card? Okay. 11 Areminder again that the public comment period will be 12 closing at 5:90 p.m. on February 17th, 2010 and the written 13 

### statements should be submitted to the address there on the 14 board. The time now is 2:40 p.m.. and since there is no one 

### 15 else who wishes to comment I'mgoing to adjourn this hearing 

### 16 session. Thank you all for coming. Staffwill be available 17 informally after the conclusion in anybodywishes to ask 18 questions or 

### discuss anything. Thankyou. 19 

### 20 21 22 

### 23 24 

### 25 (Whereupon the public hearing was concludedat 2:46 p.m. on February8, 2010.)



## C?)weettlUJ(}[{jl(tjx'dbl'j!j!/er.uil'(} 28EASTMAINSTREET,SUITE101

..",., '","'TO:" "v•• ••25 1 2 3 

### STATE OFNEW YORK: 4 COUNTY OFMONROE: 

### CER T I FIeA TION

5 I, MARY ELIZABETH SEAMAN, being a ShorthandReporter 6 and Notary Public in and for Monroe County, 

### New York, do hereby 

### 7 certify 

### that I reported inmachine shorthand the New York State 

### 8 Department ofEnvironmental 

### Conservation Public Hearing, and 9 that the foregoing pages were typed by 

### computer-assisted 10 transcription 

### under my personal supervision andconstitute a 11 true 

### record ofthis proceeding. 12 I further certify that I amnot an attorney or 

### 13 counsel ofanyparties, nor a relative or employee ofany 

### 14 

### attorneyor counsel connectedwith the action, nor financially 15 interested in the action. 16 WITNESS 

### my hand in the 

### City of Rochester, County ·17 ofMonroe, State ofNew York.

18

19

# _'_~l~,,__

# tljYi!:'I.lttd~ijL _ 20 Ml'1RY ELIZF<BETH SEAMAN , 21 Dated at**Rocheste~,** New York 22 this 12th day of February, 2010. 23 

### 24 25

## ~:e<'ltliN3

## rf5J{'ejx'r.f1i/1jr;;Yenlip& 28EASTMAINSTREET,SUITE101 ROCHESTER,NY14614