Page 1 of 3 Revised Express Terms 6 NYCRR Part 212, General Process Emission Sources Existing section 212.1 is repealed. A new section 212.1 is added as follows: Section 212.1 Definitions (a) For the purpose of this Part, the general definitions in Part 200 of this Title apply. (b) For the purpose of this Part, the following definitions also apply : (1) Aggregate. Any hard, inert material used for mixing in graduated particles or fragments. Includes sand, gravel, crushed stone, slag, rock dust or powder. ( 2) Hot Mix Asphalt. P aving material that is produced by m ixing hot dried aggregate with heated asphalt cement. ( 3 ) Lo w NO x Burner. Ab urner designed to reduce flame turbulence by the mixing of fuel and air and by establishing fuel - rich zones for initi al combustion, thereb y reducing the formation of nitrogen oxides. (4 ) Overall removal efficiency . The total reduction of volatile organic compound emissions considering the efficiency

o f both the capture sy stem and of the subsequent destruction and/or removal of these air contaminants by

the control equipment prior to their release into the atmosphere. ( 5 ) Process. Any industrial, commercial, agricultural or other activity , operation, manufacture or treatment in which chemical, biological and/or phy sical properties of the material or materials are changed, or inPage 2 of 3 which the material(s) is conveyed or stored without changing the material(s) (where such conveyance or storage sy stem is equipped with a vent(s) and is non - mobile), and which emits air contam inants to the outdoor atmosphere. A p rocess do es not include an open fire, operation of a combustion installation, or incineration of refuse other than b y-products or wastes from processes. ( 6 ) Tune - up . Adjustments made to a burner in accordance with procedures supplied by the manufacturer (or an approved specialist) to optimize the combustion efficiency . Existing section 212.2 through section 212.1 1 remain unchanged. A new section 212.1 2 is added as follows: Section 212.12 Hot mix asphalt production plants (a) The owner or operator of a hot mix asphalt production plant must comply with the following requirements: (1) Beginning in calendar year 2011, a tune - up must be performed on the dryer burner on an annual basis at any hot mix asphalt production plant that is in operation during that calendar year. (2) A plan must be submitted to the Department by March 1, 2011 which details the introduction or continuation of methods by which to reduce the moisture content of the aggregate stockpile(s). Such methods must be implemented that year, or the first subsequent year the plant is in operation. (b ) (1) Beginning January 1, 2012, the owner or operator of a hot mix asphalt production plant must analyze the economic feasibility

of installing a low NO x burner when it comes time for their current burner to be replaced . This economic anal ys is must follow an approach acceptable to the Department.Page 3 of 3

(2) By January 1, 2020, all owners or operators of active plants must have submitted the economic feasibility anal ys is for the installation of a low NO x burner . A low NO x burner must be installed for that operating year in all instances in which it proves feasible . (3) Hot mix asphalt production plants which are in a state of inactivity on January 1, 2020 and have not otherwise complied with the requirements of this subdivision by that date must do so prior to continued operation. (4 ) A similar anal ys is must be submitted for subsequent burner replacements. (5) A low NO x burner will be required at any new hot mix asphalt production plant. (c) For major stationary

sources, approved RACT determinations will be submitted by the Department to the United States Environmental Protection Agency for approval as separate State Implementation Plan revisions.