STATE OF NEW YORK

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

625 BROADWAY

ALBANY, NY 12233

In the Matter

-- ofthe -

PROPOSED AMENDMENTS TO

TITLE 6 OF THE OFFICIAL COMPILATION OF THE CODES, RULES AND

REGULATIONS OF THE STATE OF NEW YORK,

PART 212 (GENERAL PROCESS EMISSION SOURCES),

PART 218 (EMISSION STANDARDS FOR MOTOR VEHICLES AND MOTOR VEHICLE

ENGINES),

PART 220 (PORTLAND CEMENT PLANTS),

PART 228 (SURFACE COATING PROCESSES, COMMERCIAL AND INDUSTRIAL

ADHESIVES, SEALANTS AND PRIMERS),

PART 234 (GRAPHIC ARTS),

SUB-PART 201-3 (EXEMPTIONS AND TRIVIAL ACTIVITIES),

AND

SUB-PART 227-2 (REASONABLY AVAILABLE CONTROL TECHNOLOGY FOR OXIDm

OF NITROGEN),

AND

ATIENDANT REVISIONS TO

PART 200 (GENERAL PROVISIONS),

PART 201 (PERMITS AND CERTIFICATES),

AND

ASSOCIATED REVISIONS TO THE

STATE IMPLEMENTATION PLAN (SIP)

HEARING REPORT

-- byElizabeth Bartlett, P.E.

Chief, Stationary Source Section

Bureau of Quality Assurance

Division of Air Resources

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Background

The New York State Department of Environmental Conservation (NYS DEC) scheduled public

comment hearings on several proposed revisions to Title 6 ofthe Official Compilation ofCodes,

Rules and Regulations ofthe State ofNew York, and related revisions to New York's State

Implementation Plan ("SIP").

NYS DEC proposes to amend Part 212, General Process Emission Sources, to incorporate

control requirements for hot mix asphalt production plants for the purpose ofreducing Oxides of

Nitrogen (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 NYS DEC by June 1,2010, and equipment or other

emission reduction methods will need to be installed and tested by January 1, 2012.

NYS DEC proposes to amend Part 218, Emission Standards for Motor Vehicles and Motor

Vehicle Engines, and make attendant revisions to Part 200, General Provisions. The proposed

amendment to Part 218 would incorporate California's latest greenhouse gas (GHG) standards

into New York's existing low emission vehicle (LEV) program. This action would provide

vehicle manufacturers with the option of voluntarily 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.

NYS DEC proposes to revise Subparts 201-3, Exemptions and Trivial Activities and 227-2,

Reasonably Available Control Technology (RACT) For Oxides of Nitrogen (NOx), and make

attendant revisions to Part 200. 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). Certain definitions will be moved from Subpart

227-2 to Part 200.

NYS DEC proposes to revise Part 220, Portland Cement Plants and make attendant revisions to

Part 200. The current Part 220 will be divided int9 two subparts: 220-1 for portland cement

plants; and 220-2 for glass manufacturing plants. In addition to other requirements, the existing

regulation imposes 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. NYS

DEC is proposing to revise Part 220 to require updated NOx RACT for cement kilns at portland

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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). The attendant revisions to Part 200 will add two new definitions;

continuous emissions monitoring system (CEMS) certification protocol, and CEMS plan.

NYS DEC proposes to revise Part 228, Surface Coating Processes, by including emission limits

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

primers. This rule is being proposed in response to the United States Environmental Protection

Agency (US EPA) designation ofNew York State 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 ofNYS DEC's SIP for New York State to attain the 8-hour

ozone standard. The proposed rule will be added to Part 228 as Subpart 228-2, with the existing

Part 228 rule, Surface Coating Processes, to be 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 8-hour ground level ozone standard and reduce

8-hour ozone levels. New York State is among the OTC participating states opting to promulgate

ozone emission reduction rules based on this model rule. Attendant revisions to Part 200 and an

associated revision are also proposed for New York's SIP.

NYS DEC proposes to revise Part 200, Part 201, Permits and Certificates, and Part 234, Graphic

Arts, in order 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 attendant revisions to Part 200

will update two references in Table 1 ofsection 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 attendant amendments to Part 201 will 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."

Hearing Notice

Notice ofthese public hearings was published on December 23,2009 in both the Environmental

Notice Bulletin and the State Register. Notices were also published on that same date in: The

New York Post, Newsday, The Albany Times Union, The Glens Falls Post Star, The Syracuse

Post Standard, The Rochester Democrat and Chronicle, and The Buffalo Evening News.

According to the public notice, comments would be accepted until 5 p.m., Wednesday,

February 17,2010.

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Public Hearings

Three hearings were held for the purpose of public comment.

The first hearing was held on Monday, February 8th, 2010 at the NYS DEC Region 8 office in

Avon, New York at 2:00 pm. Mr. Thomas Marriott, P.E., the Regional Air Pollution Control

Engineer in Region 8 was the hearing officer. Mr. Tom Wickerham; Environmental Program

Specialist II, ofthe Division ofAir Resources in Region 8, read the summary statements for each

ofthe proposed actions on behalfofNYS DEC. There were 10 members ofthe public present.

Mr. Rich Pecnik, representing Gernatt, and the New York State Construction Materials

Association spoke regarding: the expectation that the proposal (to amend Part 212) would lead to

significant cost to the facility owner, the short time taken to complete the rule revision, and

whether the proposed amendment (to Part 212) was in fact even necessary. Mr. Chip Nelson,

representing JMI, a Hot Mix Asphalt producer, registered to speak, but then decided not to. The

hearing was adjourned at approximately 2:40 p.m.

The second hearing was held on Tuesday, February 9th, 2010 in room 129A ofthe NYS DEC

headquarters, located at 625 Broadway, Albany, New York at 2:00 pm. Ms. Elizabeth Bartlett,

P.E., Chief, Stationary Source Section ofthe Bureau of Quality Assurance, in the Division of Air

Resources was the hearing officer. The following stafffrom the Division of Air Resources made

briefsummary statements on behalf ofNYS DEC for the proposed amendments to the noted

regulation: Mr. Scott Griffin, Environmental Engineer I, SIP Planning Section, Bureau of Air

Quality Planning, Part 212; Mr. Jeff Marshall, P.E., Environmental Engineer II, Fuels and New

Vehicles Section, Bureau of Mobile Sources and Technology Development, Part 218; Mr. Ricky

Leone, P.E., Chief, Source Technology Section, Bureau of Stationary Sources, Part 220 and Part

200; Mr. Mike Jennings, Environmental Engineer I, Source Technology Section, Bureau of

Stationary Sources, Subparts 201-3 and 227-2 and Part 200; Mr. Ralph Itzo, Environmental

Engineer I, Enforcement Section, Bureau of Stationary Sources, Parts 228 and 200; Mr. John

Henkes, P.E., Environmental Engineer II, Source Technology Section, Bureau of Stationary

Sources, Part 234, 200 and 201. These were the same individuals listed as the contact person in

the published hearing notice.

There were seven members ofthe public in attendance, all representing either a regulated

company, a consultant, a legal firm, or an industry association. No members ofthe general

public signed the attendance log. Ofthose present, two individuals requested to speak. The first

speaker was Mr. Robert Yarernko, P.E. of Peckham Industries. Mr. Yaremko spoke regarding

his concern that the proposed amendments that would affect the Hot Mix Asphalt (HMA) plants

had little input from the owners and operators of HMA plants during their development, or from

the manufacturers oflow NOx burners. Mr. Yarernko encouraged NYSDEC to continue to work

with the New York State Construction Materials Association, to find other, less costly, means of

achieving emission reductions such the use of warm mix asphalt by the NYS Department of

Transportation.

The second speaker was Mr. Bruce Barkevich, from the New York State Construction Materials

Association. Mr. Barkevich also spoke with regard to the proposed revisions to Part 212. He

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expressed the opinion that the amount of emission reductions achieved through the proposed

regulatory changes would not be significant enough to justify the associated costs. He

recommended that the NYS DEC review the regulation for practicality.

No one else requested to make a statement and the hearing was adjourned subsequent to Mr.

Barkevich's statement at 2:50 p.m.

The third hearing was held on Wednesday, February 10t

h, 2010 at 2:00 p.m. at NYS DEC's

Region 2 Annex, 11-15 4ih Avenue, Hearing Room 106, Long Island City, New York. Mr.

Kamal Malhotra, P.E., Environmental Engineer II, ofthe Permitting Section ofthe Division of

Air Resources in Region 2 served as the Hearing Officer. Mr. Sideris Caramintzos, P.E.,

Environmental Engineer II, ofthe Permitting Section ofthe Division ofAir Resources in Region

2, read the summary statements for each ofthe proposed actions on behalf ofNYS DEC.

William V. Slade, with Con Edison attended the hearing. No statements were made on behalf of

the public. The hearing was adjourned at 2:40 p.m.

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