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Part 212: General Process Emission Sources; Part 228: Surface Coating, Adhesives, Sealants and Primers; Part 241: Asphalt Pavement and Surface Coating

The following is the content of a letter sent to the Regional Administrator at the USEPA, Region 2, Judith A. Enck. The letter was signed on December 15, 2010 by J. Jared Snyder, Assistant Commissioner, Office of Air Resources, Climate Change and Energy.

This letter is to request expedited approval by the United States Environmental Protection Agency (EPA) of a revision to the New York State Implementation Plan (SIP) for the Attainment and Maintenance of the Ozone National Ambient Air Quality Standard. This SIP revision is being submitted pursuant to 40 CFR §51.121(d)(1) to incorporate adopted revised rules of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) as follows:

  • 6 NYCRR Part 212, "General Process Emission Sources";
  • 6 NYCRR Part 228, "Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers," and attendant revisions to 6 NYCRR Part 200, "General Provisions";
  • 6 NYCRR Part 241, "Asphalt Pavement and Asphalt Based Surface Coating," and attendant revisions to 6 NYCRR Part 211, "General Prohibitions," 6 NYCRR Part 205, "Architectural and Industrial Maintenance (AIM) Coatings," and 6 NYCRR Part 200, "General Provisions."

Please refer to the enclosures for all documentation required for this SIP revision. Note that codified versions of these regulations will be submitted to EPA once available.

We look forward to working with you and your staff in an effort to gain timely approval of this revision to the SIP. If you or your staff have any questions, or if additional information is required, please contact Mr. Robert Bielawa, P.E. at (518) 402-8396.

ENCLOSURE

On August 10, 2010, the State Environmental Board approved revisions to Part 212, Part 228, Part 241, Part 200, Part 205, and Part 211 Express Terms.

A Notice of Adoption was filed with the New York State Department of State on August 31, 2010 for Part 212 with an effective date of September 30, 2010. A Notice of Adoption was filed with the New York State Department of State on August 31, 2010 for Part 228 and associated amendments to Part 200 with an effective date of September 30, 2010. A Notice of Adoption was filed with the New York State Department of State on September 21, 2010 for Part 241 and associated amendments to Part 211, Part 205 and Part 200 with an effective date of January 1, 2011.

The proposed revisions to all of these regulations underwent a public review process. On December 23, 2009, revisions to Part 212, Part 228 and the attendant revisions to Part 200 were proposed in the New York State Register, the Environmental Notice Bulletin and newspapers statewide. Public hearings were held for these proposals on February 8, 2010 in Avon, NY, on February 9, 2010 in Albany, NY, and on February 10 in Long Island City, NY. The Department accepted written comments until the close of business on February 17, 2010. In response to comments received, the Department re-proposed the revisions to Part 212, Part 228, and Part 200. These revised proposals were published in the New York State Register, the Environmental Notice Bulletin and newspapers statewide on June 16, 2010. The Department accepted written comments until the close of business on July 16, 2010.

On April 21, 2010, revisions to Part 241 and attendant revisions to Part 211, Part 205, and Part 200 were proposed in the New York State Register, the Environmental Notice Bulletin and newspapers statewide. Public hearings were held on May 24, 2010 in Long Island City, NY, on May 25, 2010 in Albany, NY, and on May 26 in Avon, NY. The Department accepted written comments until the close of business on June 1, 2010.

The following documents are enclosed*:

1. Notice of Proposed Rulemaking for revisions to 6 NYCRR Part 212 as published in the New York State Register on December 23, 2009 (I.D. No. ENV-51-09-00008-P).

2. Notice of Proposed Rulemaking for revisions to 6 NYCRR Part 228 and attendant revisions to 6 NYCRR Part 200 as published in the New York State Register on December 23, 2009 (I.D. No. ENV-51-09-00010-P).

3. Notice of Proposed Rulemaking for promulgation of new 6 NYCRR Part 241 and attendant revisions to Part 211, Part 205, and Part 200 as published in the New York State Register on April 21, 2010 (I.D. No. ENV-16-10-00013-P).

4. Notice of Revised Rulemaking for the revised proposal of 6 NYCRR Part 212, as published in the New York State Register on June 16, 2010 (I.D. No. ENV-51-09-00008-RP).

5. Notice of Revised Rulemaking for the revised proposal of 6 NYCRR Part 228, and attendant revisions to Part 200, as published in the New York State Register on June 16, 2010 (I.D. No. ENV-51-09-00010-RP).

6. Copies of the Public Notices published in the Environmental Notice Bulletin for the proposals, revised proposals and adoptions for all rulemaking revisions referenced above.

7. Hearing notices, reports and transcripts for all regulatory revisions referenced above.

8. Copies of the Proofs of Publication of the hearing notices in newspapers across the state.

9. Response to public comments received on all regulatory revisions referenced above.

10. Certificate of Adoption for these regulatory revisions, each dated August 31, 2010.

11. Notice of Adoption for 6 NYCRR Part 212, adopted, signed and dated August 31, 2010, as published in the New York State Register on September 15, 2010 (I.D. No. ENV-51-09-00008-A).

12. Notice of Adoption for 6 NYCRR Part 228, and attendant revisions to 6 NYCRR Part 200, adopted, signed and dated August 31, 2010, as published in the New York State Register on September 15, 2010 (I.D. No. ENV-51-09-00010-A).

13. Notice of Adoption for 6 NYCRR Part 241, and attendant revisions to 6 NYCRR Part 211, 6 NYCRR Part 205, and 6 NYCRR Part 200, adopted, signed and dated August 31, 2010, as published in the New York State Register on October 6, 2010 (I.D. No. ENV-16-10-00013-A).

Codified versions of all adopted revisions will be submitted in the near future when available.

* The documents listed above are available upon request either by email airsips@gw.dec.state.ny.us or phone (518) 402-8396.


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