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Rural Area Flexibility Analysis 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.

Types and Estimated Numbers of Rural Areas Affected:

The proposed revisions to Subpart 228-1, attendant revisions to Parts 200 and 201, and clarifying changes to Subpart 228-2 apply statewide. All rural areas of New York State will be affected.

Compliance Requirements:

There are no specific compliance requirements in this proposed rulemaking which apply exclusively to rural areas of the State. Studies have shown that the surface coating industry is distributed proportionately with population. Rural areas are not particularly affected by the revisions. Outside the New York City metropolitan area, and the Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, and Woodbury, all subject facilities will be required to comply with applicable recordkeeping, opacity, prohibition of sale and VOC handling requirements. Under current law, these requirements have been required at all facilities located in the above counties and towns; and are essentially unchanged since Part 228 was first promulgated in 1979. Professional services are not anticipated to be necessary to comply with the changes to Subpart 228-1. However, it is anticipated that approximately 25 larger facilities may require the utilization of professional services to change their processes to accommodate lower VOC content materials. No compliance requirements are associated with the proposed changes to Subpart 228-2.


There are no specific costs in this proposed rulemaking which apply exclusively to rural areas of the State. The cost to industry for facilities that need to change the materials or processes they use is estimated to be in the range of $200 and $1,758 per ton of VOC reduced. Based on an inventory of existing facilities and current requirements, no cost increase is expected for the Flat Wood Paneling, Paper Film and Foil, or Automobile and Light Duty Truck Assembly coating industries. The remaining industries have estimated cost efficiencies as follows (all in dollars per ton of VOC reduction): Metal Furniture $200; Large Appliance $500; Wood Furniture $280; and Miscellaneous Metal and Plastic Coating $1,758. The costs to comply with the new requirements result from changing processes which use lower VOC content materials, rather than more expensive control technologies.

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. No costs are associated with the proposed changes to Subpart 228-2.

Minimizing Adverse Impact:

Changes to Subparts 228-1 and 228-2 are not anticipated to have an adverse effect on rural areas. To date, the Department is unaware of any particular adverse impacts experienced by rural areas as a result of the regulation. Rather, the rule is intended to create air quality benefits for the entire state, including rural areas, through the reduction of ozone forming pollutants.

Rural Area Participation:

Since rural areas are not particularly affected by the revisions, the Department did not directly contact rural area facilities. However, 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. Also, the Department plans on holding public hearings at various locations throughout New York State after the revisions are proposed. All facilities, including those located in rural areas of the state, 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.

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