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Part 228: Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers - SIP Submission

The following is the content of a letter and associated attachments sent to the Regional Administrator at the USEPA, Region 2, Judith A. Enck. The letter was signed on July 15, 2013 by Joseph J. Martens, Commissioner.

This letter is to request approval by the U.S. Environmental Protection Agency (EPA) of a revision to the New York State Implementation Plan (SIP). This SIP revision pertains to the incorporation of seven Control Techniques Guidelines (CTGs) issued by EPA between April 1996 and September 2008 into Title 6 of the Official Compilation of Codes, Rules, and Regulations of the State of New York (6 NYCRR).1

The CTGs were incorporated into 6 NYCRR Part 228, "Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers," with attendant revisions to 6 NYCRR Part 200, "General Provisions," and 6 NYCRR Part 201, "Permits and Registrations." Each of the federal CTGs establish Reasonably Available Control Technology for volatile organic compounds emitted by surface coating processes identified in the CTGs.

Note that two CTGs that have been issued by EPA were not incorporated into Part 228: Fiberglass Boat Manufacturing Materials (issued in 2008) and Industrial Cleaning Solvents (issued in 2006). New York decided not to incorporate these CTGs into state regulations in order to avoid unnecessary or redundant regulatory requirements. A review of operating permits concluded that no facilities exist in the state to which the Fiberglass Boat Manufacturing Materials CTG applies

An evaluation of the Industrial Cleaning Solvent CTG found that current regulations adequately cover the use of industrial cleaning solvents. The Industrial Cleaning Solvent CTG applies to industries that use organic solvents for cleaning unit operations (e.g., mixing vessels (tanks), spray booths, and parts cleaners) where the facility emits at least 3 tons per year of VOCs. It excludes product categories listed for regulation under Clean Air Act section 183(e) as well as categories specifically excluded from applicability in California's Bay Area Air Quality Management District Regulation 8 Rule 4. In short, all facilities subject to 6 NYCRR Part 226, "Solvent Metal Cleaning," Part 228, "Surface Coating Processes," and Part 234, "Graphic Arts" would be excluded from the requirements of this CTG. DEC was unable to identify any remaining facilities to which the Industrial Cleaning Solvents CTG would apply.

A public review process was held for the proposed amendments to Part 228, Part 200, and Part 201. On October 31, 2012, the proposed amendments were published in the New York State Register (I.D. No. ENV-44-12-00016-P) and the Environmental Notice Bulletin. Public hearings were held on December 17, 2012 in Long Island City, on December 18, 2012 in Avon, and on December 20, 2012 in Albany. Public comments were received through December 28, 2012.

A Notice of Adoption was filed on May 6, 2013, and was published in the New York State Register (I.D. No. ENV-44-12-00016-A) and the Environmental Notice Bulletin on May 22, 2013. The revisions were effective June 5, 2013.

The following documents are enclosed with this proposed SIP revision:*

  1. Express Terms for Part 228, Part 200, and Part 201;
  2. Notice of Proposed Rulemaking as published in the New York State Register and the Environmental Notice Bulletin on October 31, 2012;
  3. Notice of Public Hearing as published in the New York State Register and the Environmental Notice Bulletin on October 31, 2012;
  4. Proofs of Publication of the Notice of Public Hearing as published in newspapers statewide on or about October 31, 2012;
  5. Hearing Report and transcripts of the public hearings held on December 17, 2012 in Long Island City, December 18, 2012 in Avon, and December 20, 2012 in Albany;
  6. Assessment of Public Comments; and
  7. Certificate of Adoption signed May 2, 2013, and the Notice of Adoption as published in the New York State Register and the Environmental Notice Bulletin on May 22, 2013.

If you have any questions, please call David Shaw, Director, Division of Air Resources, at (518) 402-8452.

* The documents listed above are available upon request either by email dar.sips@dec.ny.gov or phone (518) 402-8396.

__________

1 Incorporated CTGs: Auto and Light-Duty Truck Assembly Coatings (2008); Flat Wood Paneling Coatings (2006); Large Appliance Coatings (2007); Metal Furniture Coatings (2007); Miscellaneous Metal and Plastic Parts Coatings (2008); Paper, Film, and Foil Coatings (2007); and Wood Finishing (1996).


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