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Express Terms Summary 6 NYCRR Parts 228, 200, and 201

The New York State Department of Environmental Conservation (Department) proposes to revise Parts 200, 'General Provisions,' and 201, 'Permits and Registrations'; and Subparts 228-1, 'Surface Coating Processes' and 228-2, 'Commercial and Industrial Adhesives, Sealants and Primers,' of Title 6 of the Official Compilation of Codes, Rules, and Regulations of the State of New York (6 NYCRR). The proposed changes to Subpart 228-1, and attendant revisions to Parts 200 and 201, incorporate federal Control Techniques Guidelines (CTGs) establishing Reasonably Available Control Technology (RACT) for volatile organic compounds (VOCs) emitted by surface coating processes.

Proposed revisions to Part 200 will add three references in Table 1 of Section 200.9; and update the publication date and page numbers of existing referenced documents to the 2006 Code of Federal Regulations.

Proposed revisions to Part 201 revise the criteria for a facility performing surface coating processes to qualify as an exempt activity pursuant to 6 NYCRR Part 201-3.2(c)(17). The existing provisions exempt facilities using less than 25 gallons per month of coating materials (paints) and cleaning solvents, combined. The proposed revision provides an optional exemption criterion for facilities with actual VOC emissions of 1,000 pounds or less from coating materials in any 12-month period. The final revisions to Part 201 differ slightly from the proposed text due to intervening Part 201 rulemaking changes which became effective on February 22, 2013. In addition, a non-substantive change was made to clarify language regarding the optional VOC exemption criteria.

Proposed Section 228-1.1, 'Applicability and Exemptions', is being revised to reflect the applicability criteria specified in seven of EPA's final CTGs for specific coating processes. Consistent with the current regulation, all surface coating facilities located in the New York City metropolitan area, and the Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, and Woodbury, are subject to the regulation. Surface coating facilities located outside the above counties and towns have specific applicability criteria for various surface coating processes. These criteria range from a facility using 55 gallons of coating or more per year up to having a potential to emit 50 tons or more of VOCs on an annual basis. Typically, only facilities that have actual emissions of three tons per year or more are subject to the control requirements of the revised regulation. All others are subject only to Section 228-1.3, 'General Requirements'.

Proposed Section 228-1.2, 'Definitions,' sets forth several definitions specific to Subpart 228-1. This section includes many new definitions that are consistent with the federal CTGs, including several added coating types used in the updated coating processes. Unless they are inconsistent with Subpart 228-1, the definitions in Part 200 also apply.

Proposed Section 228-1.3, 'General Requirements', is a new section added to Subpart 228-1 which describes the minimum requirements applicable to all surface coating facilities. It combines provisions from the current regulations related to: opacity limit; recordkeeping; prohibition of sale or specification; and handling, storage and disposal of volatile organic compounds. It also sets forth acceptable application techniques common to many surface coating processes.

Proposed Section 228-1.4, 'Requirements for controlling VOC emissions using compliant materials' lists the maximum VOC content allowed for coatings used in surface coating processes. The proposed revisions include additional requirements as well as exceptions specific to a coating process, coating type or application requirements.

Proposed Section 228-1.5, 'Requirements for controlling VOC emissions using add on controls or coating systems' provides alternatives to complying with the VOC content limits of Section 228-1.4. Most coating processes are allowed alternative means of compliance. Under the proposed revisions, they can comply with the regulation by: 1) controlling their emissions using a capturing system followed by treatment of the VOCs; 2) using a combination of VOC content coatings compliant with Section 228-1.4 along with non-compliant ones, and with or without added controls, in a "coating system", acceptable to the Department; or 3) providing a process-specific reasonably available control technology (RACT) demonstration, subject to the satisfaction of the Department, which shows that the requirements cannot be economically or technically achieved.

Proposed Section 228-1.6, 'Reports, sampling and analysis', specifies the requirements necessary to determine and maintain compliance with the regulation. This section allows the Department to have reasonable access to subject facilities to obtain samples of any material containing VOC in order to determine compliance, and specifies the test methods used for add on control systems to show compliance with the applicable requirements.

Proposed revisions t Subpart 228-2 make clarifying changes and are non-substantive. Also, the Department has determined Subsection 228-2.7(a)(1), the labeling provision requiring that manufacturers specify the category name, is unnecessary and is therefore removing that provision.


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