Assessment of Public Comment

The agency received no public comment.

Department of Environmental

Conservation

NOTICE OF ADOPTION

Emissions of NOx from the Drying Process at Hot Mix Asphalt

Production Plants

I.D. No. ENV-51-09-00008-A

Filing No. 903

Filing Date: 2010-08-31

Effective Date: 30 days after filing

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken: Amendment of Part 212 of Title 6 NYCRR.

Statutory authority: Environmental Conservation Law, sections 1-0101,

1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305,

19-0311, 71-2103 and 71-2105

Subject: Emissions of NOx from the drying process at hot mix asphalt

production plants.

Purpose: Require work practices and the potential installation of add-on

control technology to reduce NOx emissions.

Text or summary was published in the December 23, 2009 issue of the

Register, I.D. No. ENV-51-09-00008-P.

Final rule as compared with last published rule: No changes.

Revised rule making(s) were previously published in the State Register

on June 16, 2010.

Text of rule and any required statements and analyses may be obtained

from: Scott Griffin, NYSDEC, Division of Air Resources, 625 Broadway,

Albany, NY 12233-3251, (518) 402-8396, email:

airregs@gw.dec.state.ny.us

Additional matter required by statute: Pursuant to Article 8 of the State

Environmental Quality Review Act, a Short Environmental Assessment

Form, a Negative Declaration and a Coastal Assessment Form have been

prepared and are on file. This rule was approved by the Environmental

Board.

Revised Regulatory Impact Statement

No revisions were made to the Regulatory Impact Statement.

Revised Regulatory Flexibility Analysis

EFFECTS ON SMALL BUSINESSES AND LOCAL GOVERNMENTS

The New York State Department of Environmental Conservation

(Department) proposes to revise 6 NYCRR Part 212, ‘‘General Process Emission Sources,’’ to include control requirements for hot mix

asphalt production plants. These control requirements will be specifically aimed at reducing emissions of oxides of nitrogen (NOx) resulting from combustion during the aggregate drying and heating process.

The Department finds that reducing NOx emissions from hot mix

asphalt plants is a necessary step in attaining ambient concentrations

of ozone and fine particulate matter that are in compliance with the

national ambient air quality standards.

The current NOx requirements under Part 212 affect only major

facilities. Most, if not all, hot mix asphalt plants in New York State

are minor sources. These new requirements will therefore be targeted

primarily at minor sources. Approximately 200 hot mix asphalt production plants exist throughout the state, though not all are currently

in service. While some asphalt production plants have consolidated

under common ownership, many of these could be considered small

businesses.

The Department has identified two local government entities that

will be affected by the proposed requirements of Part 212. The New

York City Department of Transportation (NYC DOT) has been operating a hot mix plant in Brooklyn, and just recently took over a plant in

Queens. The City of Syracuse Department of Public Works (DPW)

also owns a hot mix plant. The requirements placed on these

municipally-owned plants under the proposed revisions will not differ

in any way from the requirements placed on other subject plants.

COMPLIANCE REQUIREMENTS

The new compliance requirements under Part 212 apply uniformly

statewide. Under the proposed requirements, owners and operators of

hot mix asphalt production plants must comply with NOx reduction

practices and the possible application of low NOx burner control

technology. Annual burner tune-ups will be required in order to

increase the efficiency of the dryer burner. Plants will also be required

to implement methods of reducing the moisture content in their aggregate stockpiles, which will have the effect of requiring less drying

time and therefore requiring less fuel to be burned.

The owners or operators of plants will also be required to analyze

the economic feasibility of installing a low NOx burner when their

current burner is due to be replaced (though no later than 2020). In instances where it proves feasible, the installation of a low NOx burner

will be required. The cost effectiveness calculation contained in Air

Guide 20 will be utilized, with a threshold that represents the dollarper-ton value of Reasonably Available Control Technology (RACT)

at the time the analysis is done, in order to determine economic

feasibility.

PROFESSIONAL SERVICES

Burner technicians will be utilized to comply with the annual

tune-up requirements. Plant owners or operators will need to obtain

low NOx burner specifications from manufacturers to complete the

economic analysis. In the event that a low NOx burner is found to be

economically feasible, the installation will be performed by burner

manufacturer staff.

COMPLIANCE COSTS

The Department will be requiring plants to conduct annual burner

tune-ups to ensure efficient combustion for the drying and heating

process. Such tune-ups increase the efficiency of the burner, resulting

in decreased fuel use and an associated decrease in emissions of NOx

and other pollutants. Periodic tune-ups are already a common practice

because of the fuel savings that can be obtained. Requiring such tuneups annually can yield 10 percent reductions in NOx at an approximate

cost of $1,000 per ton reduced, and can have a direct payback to plant

owners from decreased fuel consumption.

The Department is also requiring facilities to investigate the best

method by which to reduce moisture in aggregate stockpiles. This

may simply be a continuation of current practice if such measures are

already being taken. By reducing the moisture content of the aggregate before it reaches the dryer, the amount of fuel required to dry and

heat the aggregate can be considerably reduced. This could result in

significant fuel savings for the plant. Costs will vary depending upon

the method selected and the plant's site characteristics, and whether

such methods are already employed. A technical paper released by

Astec, Inc. (a manufacturer of asphalt plant equipment) proposes an

example in which a plant with production volume of 150,000 tons per

year could offset the cost of paving under its stockpile in just five to

six months due to savings in materials, fuel, and loader operation1

.

Any money saved after this payback period would be a direct benefit.

Beginning January 1, 2012, the Department will also require the

owner or operator of an asphalt plant to investigate the feasibility of

installing a low NOx burner when it comes time for replacement of

the burner currently in use. By January 1, 2020, all plants must have

submitted such an analysis to the Department. Low NOx burners have

the potential to reduce NOx emissions by 25 to 40 percent. The cost

effectiveness calculation contained in Air Guide 20 will be utilized,

with a threshold that represents the dollar-per-ton value of Reasonably

Available Control Technology (RACT) at the time the analysis is

done, in order to determine economic feasibility.

MINIMIZING ADVERSE IMPACT

Because these proposed requirements are targeted toward minor facilities, a number of small businesses will be affected, as well as the

Syracuse DPW, which owns one plant, and the NYC DOT, which

owns two. The Department is requiring a combination of operating

Rule Making Activities NYS Register/September 15, 2010

16
practices and the analysis of control equipment to reduce NOx

emissions. In this manner, it hopes to achieve sufficient NOx reductions while minimizing the effects on businesses. The annual burner

tune-ups and reduction in aggregate moisture content will reduce NOx

at moderate cost while making the plant operate more efficiently and

reduce fuel use. The Department is requiring plants to utilize the cost

effectiveness threshold value for RACT in conducting the low NOx

burner analysis. In instances where the installation of a low NOx

burner would be too costly, it would not be required.

SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION

The proposed addition of NOx control requirements to Part 212

results from a candidate control measure developed by member states

of the Ozone Transport Commission (OTC). This proposed measure

was presented to industry stakeholders at the November 2, 2006 OTC

Control Strategy meeting in Baltimore, MD. These stakeholders were

given the opportunity to express their impressions and concerns of the

candidate control measure. Additionally, a representative from the

National Asphalt Pavement Association was present at the 2006 OTC

Fall Meeting in Richmond, VA, where this proposed measure was

also discussed.

The Department held a public comment period for the initially

proposed revisions to Part 212, as well as public hearings on February

8, 9, and 10, 2010, as required by the State Administrative Procedures

Act. On February 8, 2010, Department staff met with representatives

of the New York Construction Materials Association, Inc. (NYMaterials) to discuss the requirements of the proposed revision. The Department is taking into consideration the comments received during the

comment period and the views of NYMaterials in re-proposing these

requirements. The Department will be holding an additional public

comment period on these latest revisions, and will again take any comments received into consideration.

ECONOMIC AND TECHNOLOGICAL FEASIBILITY

The various proposed requirements are all expected to be technically feasible methods of reducing NOx at hot mix asphalt production

plants, and apply equally to all plants. The annual burner tune-up

requirement comes at a cost of approximately $1,000 per ton of NOx

reduced, and the resulting increase in efficiency can lead to savings in

fuel use. Similarly, the costs expended in performing stockpile maintenance can be recouped through reduced fuel use, as less energy

would be required to dry the aggregate.

The Department is utilizing a cost threshold to determine the feasibility of installing low NOx burners when the currently installed burners have reached the end of their useful life. The low NOx emissions

from some plants may preclude them from finding low NOx burners

to be cost effective, though larger plants are likely to see enough of a

reduction in NOx to make the application of such technology economically feasible.

————— 1 Technical Paper T-129, “Stockpiles” by George H. Simmons, Jr. Available on www.astecinc.com.

Revised Rural Area Flexibility Analysis

TYPES AND ESTIMATED NUMBERS OF RURAL AREAS AFFECTED

The New York State Department of Environmental Conservation

(Department) proposes to revise 6 NYCRR Part 212, ‘‘General Process Emission Sources.’’ The proposed revision will include the addition of nitrogen oxide (NOx) control requirements for hot mix asphalt

production plants under new section 212.12. Approximately 200 hot

mix asphalt production plants exist throughout the state, though not all

of these are in service. All such plants throughout the state will be affected, regardless of location. Rural areas are not disproportionately

affected by these new control requirements under Part 212.

COMPLIANCE REQUIREMENTS

The new compliance requirements under Part 212 apply uniformly

statewide. Under the proposed requirements, owners and operators of

hot mix asphalt production plants must comply with NOx reduction

practices and the possible application of low NOx burner control

technology. Annual burner tune-ups will be required to increase the

efficiency of the dryer burner. Plants will also be required to implement methods of reducing the moisture content in their aggregate

stockpiles, which will have the effect of requiring less drying time and

therefore requiring less fuel to be burned.

Owners and operators of plants will also be required to analyze the

economic feasibility of installing a low NOx burner when their current burner is due to be replaced (though no later than 2020). In instances where it proves feasible, the installation of a low NOx burner

will be required. This analysis will utilize the cost effectiveness

calculation contained in the Department's Air Guide 20 guidance

document. Additionally, a low NOx burner will be required at any

new hot mix asphalt production plant.

COSTS

The Department will be requiring plants to conduct an annual burner

tune-up to ensure efficient combustion for the drying and heating

process. Such tune-ups increase the efficiency of the burner, resulting

in decreased fuel use and an associated decrease in emissions of NOx

and other pollutants. Periodic tune-ups are already a common practice

because of the fuel savings that can be obtained. Requiring such tuneups annually can yield 10 percent reductions in NOx at an approximate

cost of $1,000 per ton reduced, and can have a direct payback to plant

owners from decreased fuel consumption.

The Department is also requiring facilities to investigate the best

method by which to reduce moisture in aggregate stockpiles. This

may simply be a continuation of current practice if such measures are

already being taken. By reducing the moisture content of the aggregate before it reaches the dryer, the amount of fuel required to dry and

heat the aggregate can be considerably reduced. This could result in

significant fuel savings for the plant. Costs will vary depending upon

the method selected and the plant's site characteristics, and whether

such methods are already employed. A technical paper released by

Astec, Inc. (a manufacturer of asphalt plant equipment) proposes an

example in which a plant with production volume of 150,000 tons per

year could offset the cost of paving under its stockpile in just five to

six months due to savings in materials, fuel, and loader operation1

.

Any money saved after this payback period would be a direct benefit.

Beginning January 1, 2012, the Department will also require the

owner or operator of an asphalt plant to investigate the feasibility of

installing a low NOx burner when it comes time for replacement of

the burner currently in use. By January 1, 2020, all plants must have

submitted such an analysis to the Department. Low NOx burners have

the potential to reduce NOx emissions by 25 to 40 percent. The cost

effectiveness calculation contained in Air Guide 20 will be utilized,

with a threshold that represents the dollar-per-ton value of Reasonably

Available Control Technology (RACT) at the time the analysis is

done, in order to determine economic feasibility.

MINIMIZING ADVERSE IMPACT

The Department does not expect any adverse impacts on rural areas.

Because the proposed asphalt plant requirements are applicable to

sources statewide, no rural area will be affected disproportionately.

The Department is requiring a combination of operating practices

and the analysis of control equipment to reduce NOx emissions. In

this manner, it hopes to achieve sufficient NOx reductions while

minimizing the effects on businesses. The annual burner tune-ups and

reduction in aggregate moisture content will reduce NOx emissions at

moderate cost while making the plant operate more efficiently and

reducing fuel use. The Department is requiring plants to utilize the

cost effectiveness threshold value for RACT in conducting the low

NOx burner analysis. In instances where the cost of installation of a

low NOx burner would exceed the RACT threshold, the installation of

such equipment would not be required.

There will be positive environmental impacts from the regulation in

rural areas. Rural areas containing applicable sources, as well as rural

areas downwind of such sources, should be subject to a decrease in

ground-level ozone, airborne particulate matter, and acid deposition

due to the reduction in NOx emissions.

RURAL AREA PARTICIPATION

The proposed addition of NOx control requirements to Part 212

results from a candidate control measure developed by member states

NYS Register/September 15, 2010 Rule Making Activities

17
of the Ozone Transport Commission (OTC). This proposed measure

was presented to industry stakeholders at the November 2, 2006 OTC

Control Strategy meeting in Baltimore, MD. These stakeholders were

given the opportunity to express their impressions and concerns of the

candidate control measure. Additionally, a representative from the

National Asphalt Pavement Association was present at the 2006 OTC

Fall Meeting in Richmond, VA, where this proposed measure was

also discussed.

The Department held a public comment period for the initially

proposed revisions to Part 212, as well as public hearings on February

8, 9, and 10, 2010, as required by the State Administrative Procedures

Act. On February 8, 2010, Department staff met with representatives

of the New York Construction Materials Association, Inc. (NYMaterials) to discuss the requirements of the proposed revision. The Department is taking into consideration the comments received during the

comment period and the views of NYMaterials in re-proposing these

requirements. The Department will be holding an additional public

comment period on these latest revisions, and will again take any comments received into consideration.

————— 1 Technical Paper T-129, “Stockpiles” by George H. Simmons, Jr. Available on www.astecinc.com.

Revised Job Impact Statement

No revisions were made to the Job Impact Statement.

Assessment of Public Comment

Comments received from June 16, 2010 through 5:00PM, July 16,

2010

Comment: The redrafted regulations require that beginning January

1, 2012, the owner or operator must ‘‘analyze the economic feasibility

of installing a low NOx burner when it comes time for their current

burner to be replaced.’’ Does this mean that an economic feasibility

analysis must be submitted in 2012 for all hot mix asphalt (HMA)

plants? Or, is an economic feasibility study required at the time a facility is going to replace a burner after January 1, 2012? Commenter:

1

Response: The approach required by the New York State Department of Environmental Conservation (Department) is reflected in the

commenter's latter statement: anytime after January 1, 2012, when an

HMA facility is preparing to replace its burner, they must provide the

Department with an economic feasibility study for a low NOx burner.

Comment: In some instances, it may not be necessary to perform an

economic feasibility analysis to determine if a low NOx burner can be

installed. The regulations should allow facilities the option to forego

the economic feasibility analysis, which would be costly and timeconsuming, and install a low NOx burner if the company and/or burner

manufacturer has determined it to be economically feasible. In some

cases, the preparation and submittal of an economic feasibility analysis may place an unnecessary financial burden on the owner/operator,

and impede business operations by the need to prepare the analysis

report and wait for Department approval. Commenter: 1

Response: In instances where an HMA plant voluntarily installs a

low NOx burner because of its belief that such equipment would prove

feasible, the economic analysis will not be a requirement. The preparation and submission of such a plan would be superfluous, and the

plant could proceed with the installation without having to wait for

Department approval. Of course, for HMA plants intending to show

that a low NOx burner is not economically feasible, an analysis will

be required in all cases.

Comment: The re-proposed regulations clarify that the Department

will accept the manufacturer's classification of a burner as ‘‘low

NOx.’’ Some facilities have recently installed ‘‘low NOx’’ burners as

classified by the manufacturer. These burners should be exempted

from the January 1, 2020 deadline for the completion of an economic

feasibility analysis and installation of a low NOx burner. Given that

the re-proposed regulations will require annual burner tune-ups, these

burners can have an effective life well beyond January 1, 2020.

Therefore, facilities already operating with low NOx burners should

not be forced to replace a perfectly functional low NOx burner if its

useful life expectancy is beyond January 1, 2020. Commenter: 1

Response: In cases where an HMA plant has already installed a low

NOx burner according to manufacturer classifications, the Department will support the commenter's proposed approach. Because the

purpose of the analysis is to determine whether a low NOx burner

would be feasible, such an analysis would not be logical for plants that

already operate such equipment. In lieu of the economic analysis, a facility owner should document the existence of a low NOx burner and

submit it to the applicable Regional office by the January 1, 2020

deadline.

Comment: The revised regulations call for facilities to prepare and

submit to the Department their ‘‘intended practices plan’’ for reducing moisture in aggregate stockpiles by March 1, 2011. The regulations, however, do not specify which practices are available and

allowable. How will this part of the regulations be enforced without

any specific requirements? Commenter: 1

Response: In the Regulatory Impact Statement (RIS) for the Part

212 re-proposal, the Department indicates that the ‘‘primary ways by

which aggregate moisture content could be reduced are by covering

the stockpile to shield it from rain, either with a tarp or physical

structure, or by paving under and sloping the pile to allow water to

drain away.’’ These methods were specifically mentioned in the comments by the National Asphalt Pavement Association (NAPA) to the

Ozone Transport Commission on its original proposal, and also reflect

methods discussed in the Astec technical paper (referenced in the RIS)

and brought up in communications with the New York Construction

Materials Association (NYMaterials). The Department believes that

these two methods are practical and effective for the stated purpose of

reducing moisture content, should be feasible at most plants, and

should therefore be the starting point for HMA plants in drafting their

‘‘intended practices plans.’’ The Department decided not to impose

specific requirements for reducing moisture in aggregate piles

because, as noted by NAPA, ‘‘Best Practices are plant- and geographic

locale-specific.’’ The Department is relying on each HMA facility to

inform us of the best approach for their plant.

Comment: As currently proposed, the requirements for the ‘‘intended practices plan’’ are too vague and would subject regulated facilities to widespread variety in enforcement, interpretation, etc., by

the Regions as well as different inspectors in the same Region. Facilities could be at a competitive disadvantage or unknowingly be in

violation, if one region or inspector requires a particular management

practice (e.g., paving or covering) and another region does not.

Commenter: 1

Response: As stated in the regulation, RIS, and in the comment

above, the Department is not enforcing a particular management

practice such as paving or covering a stockpile. The interpretation and

enforcement of this requirement will be based on the plan submitted

by each HMA facility. The Department therefore expects each plant to

be thorough in its description of their intended practice, and to follow

its stated practice thereafter. In doing so, the Department and its

Regional staff will be able to successfully enforce such requirements.

Comment: The regulations should be more specific to indicate the

acceptable moisture reduction practices, but should provide for

operational flexibility. For example, it may be physically and/or

operationally infeasible to cover stockpiles, pave beneath them, etc.

Therefore, these should not be mandatory requirements. Commenter:

1

Response: The Department understands the commenter's concerns,

and avoided the inclusion of mandatory requirements in Part 212 for

these reasons. While the Department suggested two of the most oftcited and effective means in the RIS as a starting point, it must defer

to industry experts to determine what means are most reasonable in

instances where covering or paving under stockpiles are not feasible.

Because effective reduction of moisture in aggregate stockpiles can be

directly beneficial to an HMA plant (potentially reducing fuel use by

10 to 15 percent, according to NAPA), the Department believes facilities will identify methods that can most appropriately be tailored to

their plant, thus reducing NOx emissions while resulting in fuel savings for the plant.

Comment: Due to the wide variability in site and operational conditions, as well as the moisture reduction options available from site to

site, the requirement for an ‘‘intended practices plan’’ and submittal

Rule Making Activities NYS Register/September 15, 2010

18
of an associated permit modification should be removed from the

regulations. As many facilities currently employ some form(s) of

moisture management, this component seems better suited for a guidance document rather than a vague regulation that will be extremely

difficult to comply with and enforce uniformly throughout New York

State because of its ambiguity. Commenter: 1

Response: As noted by the commenter, many facilities currently

employ some form(s) of moisture management. Such measures result

in the burning of less fuel, and are therefore accepted means of reducing NOx emissions where feasible. Placing this requirement in a

regulation form will encourage those operators who do not presently

practice moisture management to assess whether this is a feasible

means of reducing emissions. Placing the requirement in a guidance

document will carry less weight.

Comment: The re-proposed regulations state that a permit modification application must be submitted by March 1, 2011, presumably for

the ‘‘intended practices plan.’’ The preparation and implementation of

management practices for moisture control in aggregate stockpiles

does not appear to be a significant facility modification that requires a

modification to an air permit or registration under the existing

regulations. Since the new requirements will apply uniformly to all

current permitted facilities, the Department should issue a Departmentinitiated modification to all existing permits rather than create unnecessary paperwork, as well as eliminate the unneeded time-consuming

process of preparing and reviewing the numerous applications

throughout New York State. Commenter: 1

Response: The revisions to Section 212.12 will be submitted to the

United States Environmental Protection Agency (EPA) for inclusion

in New York's State Implementation Plan (SIP). As such, it becomes

a federal applicable requirement and will need to be addressed in each

facility's permit (depending on the type it has) as required under 6

NYCRR Part 201. The Department may consider a mechanism by

which the new requirements could be applied to multiple facilities to

the extent allowed under Part 201.

Comment: Part 212.12(b) goes well beyond the 57 months established in the Final Implementation Rule for Reasonably Available

Control Technology (RACT) implementation. New York should

tighten the compliance schedule allowed for facilities to implement

RACT to a more expeditious timeframe before the 2020 date established in the re-proposed rule (i.e., within 18 months from effective

date of regulation or 1 year from when compliance plans are duewhichever is sooner).

Part 212.12(b) is also unacceptable because it does not provide for

increments of progress nor sufficient time from when the economic

analyses are to be submitted to when controls are to be installed. If

New York were to adopt a compliance date beyond 18 months or 1

year from when compliance plans are due then New York should

include in the regulation, increments of progress similar to those

identified in 40 CFR Part 51, Subpart F-Procedural Requirements,

Section 51.100(q), with specific dates.

New York's proposed Part 212 rule contains generic RACT provisions applicable to asphalt production. New York should commit to

submit the case-by-case RACT determinations approved by the

Department to EPA as SIP revisions by a date certain. In 212.12(b),

we understand that facilities will be required to perform an annual

tune-up on the dryer-burners and also reduce the moisture content of

the aggregate stockpile. While both of these practices will help reduce

facility NOx emissions, New York should establish a facility wide

NOx reduction level as prescribed RACT (i.e., an overall reduction of

35 percent of NOx emissions at each facility not already equipped

with NOx controls). Facilities may achieve this by utilizing the best

practices mentioned above in conjunction with installation of a low

NOx burner or establish emission limits that reflect the application of

the suggested control technology, with the option of alternate RACT

(i.e., using warm mix asphalt).[2]

Response: Applying RACT on an approximately six month timeframe isn't feasible for the proposed requirements to hot mix asphalt

plants. The Department heard from many commenters on the initial

Part 212 proposal on this issue. Commenters' primary concerns were

that facilities which had just replaced their burners would potentially

be required to replace them again within a very short timeframe, and

that additional time was needed for plants to budget accordingly. The

requirements for best practices go into effect as quickly as possible

(next operating year), but a longer timeframe for the low NOx burner

assessment and installation was necessary.

The commenter refers to the continued application of Clean Air Act

Sections 182(b)(2) and 182(f) as the basis for these comments regarding RACT. Section 182(f) specifically refers to major sources of NOx:

‘‘The plan provisions required under this subpart for major stationary

sources of volatile organic compounds shall also apply to major

stationary sources...of oxides of nitrogen.’’ (Section 182(b)(2) refers

only to volatile organic compound sources.) Because these requirements target minor sources of NOx, the Section 182(f) requirements

do not apply. Hot mix asphalt plants that are major sources of NOx

would already have been captured by the general RACT requirements

under the Department's Section 212.10.

Comment: 212.12(c) should be revised to read as follows: The

RACT determinations, including the economic feasibility analyses,

which are acceptable to the Department will be submitted to the United

States Environmental Protection Agency for review and approval as a

revision to the State Implementation Plan. Commenter: 2

Response: In their comments on the initial proposal of Part 212 in

December, 2009, EPA suggested the addition of a clause very similar

to the above. Because the Department already incorporated EPA's

language into the rule for the re-proposal, EPA's suggested revisions

to their own statement will not be made.

List of Commenters

1. Hanson Aggregates New York LLC

2. United States Environmental Protection Agency, Region 2

NOTICE OF ADOPTION

Emissions of Ozone Precursor VOCs From Commercial and

Industrial Adhesives and Sealants

I.D. No. ENV-51-09-00010-A

Filing No. 902

Filing Date: 2010-08-31

Effective Date: 30 days after filing

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken: Amendment of Parts 200 and 228 of Title 6 NYCRR.

Statutory authority: Environmental Conservation Law, sections 1-0101,

1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0305, 71-2103

and 71-2105

Subject: Emissions of ozone precursor VOCs from commercial and

industrial adhesives and sealants.

Purpose: To lower levels of ozone in New York State and decrease

adverse public health and welfare effects.

Substance of final rule: 6 NYCRR Part 228 is being renumbered as

Subpart 228-1. Internal references in the existing Part are being revised to

reflect this renumbering. 6 NYCRR Part 200.9 is being amended to include

documents incorporated by reference in new Subpart 228-2 and to reflect

the renumbering of existing Part 228.

The addition of 6 NYCRR Subpart 228-2, Commercial and Industrial Adhesives, Sealants and Primers, and its associated references in

Part 200, General Provisions, applies to any person who sells, supplies, offers for sale, or manufactures commercial or industrial

adhesives, sealants and primers, three months after the effective date

of this rule, for use in the State of New York. Subpart 228-2 does not

apply to: any commercial or industrial adhesive, sealant or primer

manufactured in New York State for shipment and use outside of New

York State, or units of any adhesive, sealant or primer product, packing excluded, which weigh less than one pound and consist of less

than 16 ounces.

The revisions are based on the Ozone Transport Commission (OTC)

2006 model rule for commercial and industrial adhesives and sealants,

which, in turn, is based on the reasonably available control technology

(RACT) and best available retrofit control technology (BARCT) determination by the California Air Resources Board (CARB) developed

NYS Register/September 15, 2010 Rule Making Activities

19