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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Existing section 212.1 is repealed.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. Paving material that is produced by mixing hot dried aggregate with heated 

asphalt cement.

(3) Low NOx Burner. A burner designed to reduce flame turbulence by the mixing of fuel and air and 

by establishing fuel-rich zones for initial combustion, thereby reducing the formation of nitrogen oxides.

(4) Overall removal efficiency. The total reduction of volatile organic compound emissions considering 

the efficiency of both the capture system 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 physical properties of the material or materials are changed, or in 
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which the material(s) is conveyed or stored without changing the material(s) (where such conveyance or storage 

system is equipped with a vent(s) and is non-mobile), and which emits air contaminants to the outdoor 

atmosphere. A process does not include an open fire, operation of a combustion installation, or incineration of 

refuse other than by-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 212.11 remain unchanged.

A new section 212.12 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 NOx burner when it comes time for their current burner to be 

replaced. This economic analysis must follow an approach acceptable to the Department.
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(2) By January 1, 2020, all owners or operators of active plants must have submitted the economic 

feasibility analysis for the installation of a low NOx burner. A low NOx 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 analysis must be submitted for subsequent burner replacements.

(5) A low NOx 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.