STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION 625 BROADWAY ALBANY, NY 12233



### In the Matter

-- ofthe

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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 CONTROLTECHNOLOGY 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 ofQualityAssurance

Division ofAirResources

Page 1 of5Background

The New York State DepartmentofEnvironmental Conservation (NYS DEC) scheduled public commenthearings 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 burnertune-up, while large burners will require an assessment ofpotential NOx control technologies. A related permit modification application will be due to NYS DEC byJune 1,2010, and equipment orother emission reduction methods will need to be installed and tested byJanuary 1, 2012.

NYS DEC proposes to amend Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines, and make attendantrevisions 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 ofvoluntarily demonstrating compliancebased on the total number ofpassengercars, light-duty trucks, and medium-dutypassengervehicles 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 subsequentmodel yearpassenger cars, light-duty trucks, and medium-duty passengervehicles.

NYS DEC proposes to revise Subparts 201-3, Exemptions and Trivial Activities and 227-2, Reasonably Available Control Technology (RACT) For Oxides ofNitrogen (NOx), and make attendant revisions to Part 200. Subpart 201-3 is being revised to lowerthe stationary orportable combustion installation exemption from 20 mmBtu/hrheat input to 10 mmBtu/hrheat input. Subpart 227-2 is beingrevised to lowerthe emission limits for very largeboilers, large boilers, mid-sizeboilers, and small boilers. Also, for combined cycle/cogeneration combustion turbines a case-by-case RACT analysis will beperformed to determine RACT. These revisions will also include new shutdown and system-wide averaging options for compliance. Subject facilities must submitbyJanuary 1,2011, either a complete application for apermit, 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 occurno laterthan December 31,2012). Certain definitions will be moved from Subpart 227-2 to Part 200.

NYS DEC proposes to revise Part 220, Portland CementPlants 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 otherrequirements, the existing regulation imposes RACT requirements on emissions ofNOx from portland cement kilns. The existing NOx RACT requirements for portland cementkilns havebeen in place since 1995. NYS DEC is proposing to revise Part 220 to require updated NOx RACT for cement kilns atportland

Page 2 of5cementplants (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 thathave apotential to emitNOx 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 CoatingProcesses, by including emission limits for volatile organic compounds (VOCs) from commercial and industrial adhesives, sealants and primers. This rule is beingproposed in response to the United States Environmental Protection Agency (US EPA) designation ofNew York State as non-attainment for its 8-hourozone National AmbientAir Quality Standard. The associated VOC emissions reductions from this proposed rule will beused as part ofNYS DEC's SIP forNew York State to attain the 8-hour

ozone standard. Theproposed rule will be added to Part 228 as Subpart228-2, with the existing Part 228 rule, Surface CoatingProcesses, to be renumbered as Subpart228-1. The proposed rule is based on amodel rule which was developed bythe Ozone Transport Commission (OTC) as part ofaregional effortto attain and maintain the 8-hourground level ozone standard and reduce 8-hourozone levels. New York State is among the OTC participating states opting to promulgate

ozone emissionreduction rules based on this model rule. Attendantrevisions to Part 200 and an associated revision are also proposed forNew York's SIP.

NYS DEC proposes to revise Part 200, Part 201, Permits and Certificates, and Part 234, Graphic Arts, in orderto 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 applicabilityto 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 lithographicprinting. The attendant revisions to Part 200 will updatetwo references in Table 1 ofsection 200.9. The publication date and page numbers of the referenced documents will be updated to the 2006 Code ofFederal Regulations. In addition, the attendant amendments to Part 201 will revise the criteriafor a graphic arts process to obtain

an exemption at 6 NYCRR 201-3.2(c)(13). In orderto qualify for the exemption, graphic arts processes mustbe located outside a severe ozone non-attainment area and have facility-wide VOC emissions less than three tons peryearon a 12-monthrolling basis. Trivial activity listed at 6 NYCRR 201-3.3(c)(23) is also being revised to delete "LetterPress Operations" and add "ProofPress Operations."

HearingNotice

Notice ofthesepublic hearings was published on December23,2009 in both the Environmental Notice Bulletin and the State Register. Notices were also published on that same date in: The New YorkPost, Newsday, TheAlbany Times Union, The Glens Falls PostStar, The Syracuse PostStandard, The RochesterDemocratand Chronicle, and The Buffalo EveningNews. According to the public notice, comments would be accepted until 5 p.m., Wednesday, February 17,2010.

Page 3 of5Public Hearings

Three hearings were held for the purpose ofpublic 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 AirPollution Control Engineerin 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 ofthepublic 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 shorttime taken to complete the rule revision, and whethertheproposed amendment (to Part 212) was in fact even necessary. Mr. Chip Nelson, representing JMI, a Hot Mix Asphaltproducer, registered to speak, butthen 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 ofQuality Assurance, in the Division ofAir Resources was the hearing officer. The following stafffrom the Division ofAir Resources made briefsummary statements on behalfofNYS DEC for the proposed amendments to the noted regulation: Mr. Scott Griffin, Environmental Engineer I, SIP Planning Section, Bureau ofAir Quality Planning, Part 212; Mr. JeffMarshall, P.E., Environmental Engineer II, Fuels and New Vehicles Section, Bureau ofMobile Sources and TechnologyDevelopment, Part 218; Mr. Ricky Leone, P.E., Chief, SourceTechnology Section, Bureau ofStationary Sources, Part 220 and Part 200; Mr. Mike Jennings, Environmental Engineer I, SourceTechnology Section, Bureau of Stationary Sources, Subparts 201-3 and 227-2 and Part 200; Mr. Ralph Itzo, Environmental Engineer I, Enforcement Section, Bureau ofStationary Sources, Parts 228 and 200; Mr. John Henkes, P.E., Environmental Engineer II, Source Technology Section, Bureau ofStationary Sources, Part 234, 200 and 201. These were the same individuals listed as the contact person in thepublished hearing notice.

There were seven members ofthepublic in attendance, all representing either aregulated 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 speakerwas Mr. Robert Yarernko, P.E. ofPeckham Industries. Mr. Yaremko spoke regarding his concern that theproposed amendments that would affect the HotMix Asphalt (HMA) plants had little input from the owners and operators ofHMA plants during their development, orfrom 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 emissionreductions such the use ofwarm mix asphaltby the NYS Department of Transportation.

The second speakerwas 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

Page4 of5expressed the opinion that the amount ofemission reductions achieved through the proposed regulatory changes would notbe significant enough tojustifythe 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. atNYS DEC's Region 2 Annex, 11-15 4ihAvenue, Hearing Room 106, Long Island City, New York. Mr. Kamal Malhotra, P.E., Environmental Engineer II, ofthe Permitting Section ofthe Division of AirResources in Region 2 served as the Hearing Officer. Mr. Sideris Caramintzos, P.E., Environmental Engineer II, ofthe Permitting Section ofthe Division ofAirResources in Region 2, read the summary statements for each ofthe proposed actions on behalfofNYS DEC. William V. Slade, with Con Edison attended the hearing. No statements were made on behalfof the public. The hearing was adjourned at 2:40 p.m.

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