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6 NYCRR Parts 228, 200, and 201 Assessment of Public Comments Summary

The New York State Department of Environmental Conservation (Department) is amending 6 NYCRR Subpart Part 228-1, Surface Coating Processes; with attendant changes to 6 NYCRR Part 200, General Provisions, and Part 201, Permitting Requirements. The changes include re-organization; lowering of some applicability criteria; major changes to coating categories and VOC content limits; and VOC treatment efficacy. These revisions will update the current regulation, consistent with EPA's current 'Control Technique Guidelines' for affected surface coating processes. This rulemaking also re-organizes and makes clarifying changes to 6 NYCRR Part 228-2, Commercial and Industrial Adhesives, Sealants and Primers.

The Department published the proposed regulations on October 31, 2012. Hearings were held in Avon on December 18, 2012; Albany on December 20, 2012; and Long Island City on December 17, 2012. The comment period closed at 5:00 p.m. on December 28, 2012. The Department received written comments from nine commenters representing coating industry trade organizations/associations and Government agencies including: the U.S. Environmental Protection Agency, U.S. Department of Defense, and the Business Council of New York State. The Department assessed these comments in the Assessment of Public Comments (APC) document included with this rulemaking.

The commenters generally expressed support for the Department's adoption of the proposed regulations. No comments were received expressing opposition to the proposed regulation. Most of the comments received were general in nature or requests for clarification. There were also a number of specific requests to change VOC limits from those proposed; and add coating types/categories and VOC limits that were not proposed. None these types of requests where incorporated into the final regulation. Some comments were beyond the scope of this rulemaking, or lacked sufficient justification to make requested changes to the proposed rule at this time.

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