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Revised Regulatory Flexibility Analysis for Small Businesses and Local Governments Parts 226 and 201

The New York State Department of Environmental Conservation (Department) proposes to revise 6 NYCRR Parts 226 and 201. The proposed changes to Part 226, and attendant revisions to Part 201, will incorporate the Control Techniques Guidelines (CTG) Industrial Cleaning Solvents issued by the Environmental Protection Agency (EPA) in September 2006 and the Ozone Transport Commission's (OTC) Model Rule for Solvent Degreasing issued in 2012. Federal CTGs establish Reasonably Available Control Technology (RACT) for volatile organic compounds (VOCs) emitted by solvent cleaning processes. Pursuant to the Clean Air Act (CAA), the Department is required to submit the Part 226 revisions to EPA for state implementation plan (SIP) review and approval. The OTC provides guidance to member states on methods of reducing VOC emissions and has suggested changes to applicability and VOC content for solvent degreasing.

Effects on Small Business and Local Governments:

The proposed revisions to Part 226 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 solvent cleaning processes (Subpart 226-1) will have new VOC content limits. Facilities that use 3 tons or more of industrial cleaning solvents per year will be subject to new requirements in Subpart 226-2 as applicable.

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.

Professional Services:

Small businesses and local governments are not expected to need professional services to comply with the revisions to Subpart 226-1. Local governments are not directly affected by the proposed revisions. Facilities which are currently permitted and that will become subject to Subpart 226-2 (estimated to be 13 facilities state wide) may need to seek minimal professional services in the form of guidance in altering their processes to come into compliance.

Compliance Costs:

The Industrial Cleaning Solvent CTG (addition of Part 226-2) concluded that facilities may incur minimal additional cost or realize a savings on a case by case basis. It estimated that replacing high VOC content cleaning materials with low VOC water-based cleaning materials for large manufactured surfaces, tank cleaning and gun cleaning, would result in a coast savings of $1,330/ton of VOC used. For this calculation only cleaning material and waste disposal costs were considered. The Department considers these costs to be well within RACT guidelines.

The OTC estimates the costs associated with changes to solvent cleaning processes (changes to Part 226-1) to be on the order of $1,400 per ton of VOC reduced. The Department considers these costs to also be well within RACT guidelines.

Economic and Technological Feasibility:

As noted earlier, this rulemaking 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 solvent cleaning processes and industrial cleaning solvents and are affordable.

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.

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 industrial cleaning solvents for inclusion into the state implementation plan.

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    Division of Air Resources
    Part 226
    625 Broadway
    Albany, NY 12233-3250
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