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Rural Area Flexibility Analysis Parts 226 and 201

The New York State Department of Environmental Conservation (Department) proposes to revise 6 NYCRR Parts 226, 200, 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.

Types and Estimated Numbers of Rural Areas Affected:

The proposed revisions to Part 226 and attendant revisions to Part 201 apply statewide. All rural areas of New York State will be affected.

Reporting, Recordkeeping and Compliance Requirements; Professional Services:

There are no specific compliance requirements in this proposed rulemaking which apply exclusively to rural areas of the State. Studies have shown that solvent cleaning processes and use of industrial cleaning solvents is distributed proportionately with population. Rural areas are not particularly affected by the revisions. All facilities conducting solvent cleaning processes will be required to comply with applicable recordkeeping, VOC content and handling requirements. Under current law, these requirements have been required at all such facilities and are essentially unchanged since Part 226 was last amended in 2003. Facilities that use 3 tons or more of industrial cleaning solvents per year will have new VOC content or vapor pressure limits, and recordkeeping and handling requirements. Only minimal professional services might be necessary to comply with these changes. It is estimated that 13 facilities state wide use 3 tons or more of industrial cleaning solvents per year, which will become newly subject to Part 226. This may require some minimal utilization of professional services for guidance in changing their cleaning solvents to comply with the new requirements.

Costs:

There are no specific costs in this proposed rulemaking which apply exclusively to rural areas of the State. Facilities subject to the new industrial cleaning solvent requirements may incur minimal additional cost or realize a savings on a case by case basis. It is 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.

Changes to cleaning solvent processes are expected 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.

Minimizing Adverse Impact:

The Department is providing advance notice of these rule revisions to the regulated community so that companies have sufficient time to take the necessary steps to come into compliance with Part 226. The proposed revision also includes time for subject sources to come into compliance. Changes to Part 226 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 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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  • NYSDEC
    Division of Air Resources
    Proposed Part 226
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    Albany, NY 12233-3250
    518-402-8401
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