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Regulatory Flexibility Analysis for Small Businesses and Local Governments 6 NYCRR Parts 228, 200, and 201

The New York State Department of Environmental Conservation (Department) proposes to revise 6 NYCRR Parts 228, 200, and 201. The proposed changes to Subpart 228-1, and attendant revisions to Parts 200 and 201, will incorporate seven Control Techniques Guidelines (CTGs) issued by the Environmental Protection Agency (EPA) between April 1996 and September 2008. These federal CTGs establish Reasonably Available Control Technology (RACT) for volatile organic compounds (VOCs) emitted by surface coating processes. Pursuant to the Clean Air Act (CAA), the Department is required to submit the Subpart 228-1 revisions to EPA for state implementation plan (SIP) review and approval. The proposed revisions to Subpart 228-2 make clarifying changes and are non-substantive.

Effects on Small Business and Local Governments:

The proposed revisions to Subpart 228-1 apply statewide. As detailed in the RIS, this is a requirement flowing from the State's obligations under the Clean Air Act. This is not a mandate on local governments. The proposed revisions apply to any entity that owns or operates a subject source. Facilities that engage in surface coating will become subject to Subpart 228-1 as applicable. Subject facilities located outside the New York City metropolitan area and the towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, and Woodbury, that emit less than three tons per year of total annual VOC process emissions will be required to comply with the following general requirements: recordkeeping; prohibition of sale; handling requirements; and opacity limits. Recordkeeping, prohibition of sale, and handling requirements currently apply to facilities in the above counties and towns and do not have any added costs associated with them. Metal Furniture, Large Appliance, Miscellaneous Metal Parts, and Automobile and Light Duty Truck Assembly facilities, which currently have applicability thresholds of 10 tons per year potential VOC emissions, will now become subject to VOC RACT requirements if they have three or more tons per year of actual VOC process emissions on a 12-month rolling total basis. Wood Finishing facilities, which currently have an applicability threshold of 50 tons per year potential VOC emissions, will now become subject to VOC RACT requirements if they have 25 or more tons per year potential VOC emissions. Miscellaneous Plastic Parts Coating facilities, which currently have an applicability threshold of 50 tons per year potential VOC emissions, will now become subject to VOC RACT requirements if they have three tons per year of actual VOC process emissions on a twelve-month rolling total basis.

Compliance Requirements:

There are no specific requirements in the regulation which apply exclusively to small businesses or local governments. Local governments are not directly affected by the proposed revisions. All Surface Coating facilities which emit less than three tons per year of total annual VOC process emissions will be required to comply with the following general requirements: recordkeeping; prohibition of sale; handling requirements; and opacity limits. All facilities located in the New York City metropolitan area, and the Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, and Woodbury, and all other coating facilities which use more than 25 gallons of coating and cleaning materials per month, or have 1,000 pounds or more per year of actual VOC process emissions, will be required to obtain a 6 NYCRR Part 201 air permit.

Professional Services:

Small businesses and local governments are not expected to need professional services to comply with the revisions to Subpart 228-1. Local governments are not directly affected by the proposed revisions. Facilities which are currently permitted and will be subject to the lower applicability criteria under revised Subpart 228-1 (estimated to be 25 facilities) may need to seek professional services to reformulate their coatings or alter their processes to come into compliance.

Compliance Costs:

There are no added costs expected for small businesses or local governments which become subject to the recordkeeping, prohibition of sale, handling, and opacity requirements. Compliance costs are expected only for facilities which become subject to the new VOC RACT requirements; which are facilities that have three or more tons per year of actual VOC process emissions. The cost to industry from the changes to Subpart 228-1 is estimated to be in the range of $200 and $1,758 per ton of VOC reduction.

It is estimated that facilities switching to low VOC content coatings will have a 30 to 35 percent reduction in VOC emissions. The annual cost estimate for a facility will depend greatly on their current emissions. It may cost a miscellaneous plastics facility, currently emitting 50 tons per year of VOC, up to $30,000 to switch to a low VOC content coating; a 50 ton per year wood finishing facility $3,500; a 10 ton per year miscellaneous metal facility up to $6,328; and 10 ton per year VOC emission metal furniture and large appliance facilities $700 and $1,750 respectively. There are no significant increases in costs to consumers expected. There are no added costs associated with the changes proposed to Subpart 228-2.

Minimizing Adverse Impact:

No adverse impacts to the environment or regulated industry are expected. The proposed revisions are intended to reduce VOC emissions to the environment. Local governments are not expected to be directly affected by the proposed revisions.

Small Business and Local Government Participation:

Since local governments are not expected to be directly affected by the proposed revisions, the Department did not contact local governments directly. The Department did provide advance notice of these rule revisions to the regulated community so that they would have sufficient time to take the necessary steps to come into compliance with the rule. Additionally, the Department plans on holding public hearings at various locations throughout New York State after the revisions are proposed. Small businesses will have the opportunity to attend these public hearings; and there will be a public comment period in which interested parties can submit written comments. Public participation and comment will also be available during EPA's SIP approval process.

Economic and Technological Feasibility:

As noted earlier, this requirement flows from the State's obligations under the CAA. This is not a mandate on local governments. It applies equally to any entity that owns or operates a subject source. Compliant products are available for all coating and cleaning materials used and are affordable.

Cure Period:

In accordance with NYS State Administrative Procedures Act (SAPA) Section 202-b, this rulemaking does not include a cure period because the Department is undertaking this rulemaking to comply with federal Clean Air Act requirements, requiring the incorporation of federal CTGs to establish RACT for surface coating processes for inclusion into the state implementation plan.


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