ENV-44-12-00016-P Air Emissions from Surface Coating Facilities

10/31/12 N.Y. St. Reg. ENV-44-12-00016-P

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 44

October 31, 2012

RULE MAKING ACTIVITIES

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

PROPOSED RULE MAKING

HEARING(S) SCHEDULED

 

I.D No. ENV-44-12-00016-P

Air Emissions from Surface Coating Facilities

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of Parts 200, 201 and 228 of Title 6 NYCRR.

Statutory authority:

Environmental Conservation Law, sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 71-2103 and 71-2105; and Federal Clean Air Act, section 182 (42 USC section 7511a)

Subject:

Air emissions from surface coating facilities.

Purpose:

To reduce volatile organic air emissions from surface coating facilities.

Public hearing(s) will be held at:

2:00 p.m., Dec. 17, 2012 at Department of Environmental Conservation, Region 2 Office, One Hunters Point Plaza, 47-40 21^st St., Rm. 834, Long Island City, NY; 2:00 p.m., Dec. 18, 2012 at Department of Environmental Conservation, Region 8 Office, Conference Rm. 6274, E. Avon-Lima Rd., (Rtes. 5 and 20), Avon, NY; and 2:00 p.m., Dec. 20, 2012 at Department of Environmental Conservation, 625 Broadway, Public Assembly Rm. 129, Albany, NY.

Interpreter Service:

Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.

Accessibility:

All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.

Substance of proposed rule (Full text is posted at the following State website: www.dec.ny.gov):

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 1,000 pounds or less of actual facility-wide VOC usage on a 12-month rolling basis.

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 to 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.

Text of proposed rule and any required statements and analyses may be obtained from:

John Henkes, NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3254, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

December 28, 2012.

Additional matter required by statute:

Pursuant to Article 8 of the State Environmental Quality Review Act, a Short Environmental Assessment Form, a Negative Declaration and a Coastal Assessment Form have been prepared and are on file.

Summary of Regulatory Impact Statement

STATUTORY AUTHORITY

The New York State (NYS) statutory authority for these regulations is found in the Environmental Conservation Law (ECL) Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 71-2103, and 71-2105. Descriptions of these referenced ECL sections are contained in the Regulatory Impact Statement.

LEGISLATIVE OBJECTIVES

In enacting the Title I ozone control requirements of the 1990 CAA amendments, Congress recognized the hazards of ground-level ozone pollution and mandated that States implement stringent regulatory programs in order to meet the National Ambient Air Quality Standard (NAAQS) for ozone. The Department is undertaking this rulemaking to satisfy New York's obligations under the CAA and in a manner consistent with ECL Article 19.

Articles 1 and 3 of the ECL establish the overall State policy goal of reducing air pollution and providing clean air for the citizens of New York; and provide general authority to adopt and enforce measures to do so. In addition to the general powers and duties of the Department and the Commissioner to prevent and control air pollution found in Articles 1 and 3, Article 19 of the ECL was specifically adopted to safeguard the air quality of New York from pollution. Under Article 19, the Department is authorized to formulate, adopt, promulgate, amend and repeal regulations for preventing, controlling and prohibiting air pollution. This Department is also authorized to promulgate rules and regulations for preventing, controlling or prohibiting air pollution in such areas of the State as shall or may be affected by air pollution. In addition, this authority also includes the preparation of a general comprehensive plan for the control or abatement of existing air pollution and for the control or prevention of any new air pollution recognizing various requirements for different areas of the State.

In 1970, Congress amended the CAA "to provide for a more effective program to improve the quality of the Nation's air." The statute directed EPA to adopt National Ambient Air Quality Standards (NAAQS) and required states to develop implementation plans known as State Implementation Plans (SIPs) which prescribed the measures needed to attain the NAAQS. In 1977 the Act was amended to require states to identify areas that did not meet the NAAQS; these areas would then be designated as "nonattainment" areas. States with these "nonattainment" areas were then required to include specific requirements in their SIPs, including requirements relating to new source review, reasonably available control technology, emission inventories and projections, and contingency measures.

Congress again amended the Act in 1990 with the goal of setting more realistic deadlines while requiring reasonable progress towards attainment. The 1990 CAA amendments required states to implement stringent regulatory programs associated with one of the chemical precursors of ozone: VOCs. In particular, CAA section 172(c)(1) provides that, for certain nonattainment areas, states must revise their SIPs to include reasonably available control measures as expeditiously as possible, including emissions reductions achievable by requiring "reasonably available control technology" (RACT) for sources of VOC emissions. Under EPA's current RACT scheme, pollution controls are required for VOC emission sources listed in designated source categories under EPA's Control Techniques Guidelines (CTGs), including CTGs establishing RACT for surface coating processes.

CAA section 182(b)(2)(A) requires that, for certain nonattainment areas, states must revise their SIPs to include RACT for sources of VOC emissions covered by any CTGs issued between November 15, 1990 and the area's date of attainment. Additionally, CAA section 184(b)(1)(B) requires implementation of RACT statewide in states that are located within an Ozone Transport Region (OTR). New York is one of the several states located in the OTR required under the CAA to revise its SIP to include RACT requirements statewide for each of the source categories identified in the federal CTGs, including RACT for surface coating processes.

NEEDS AND BENEFITS

Adoption of the proposed revisions to Subpart 228-1 will help fulfill state and federal legislative objectives by imposing RACT controls on surface coating processes in the source categories identified in the latest federal CTGs thereby further reducing New York's VOCs emissions from surface coating processes, reducing harmful ground-level ozone pollution, and allowing the State to attain the NAAQS for ozone.

There are two types of ozone, stratospheric and ground level ozone. Ozone in the stratosphere is naturally occurring and desirable because it shields the earth from carcinogenic ultraviolet radiation. In contrast, ground level ozone, or smog, results from the mixing of VOCs and NOx on hot, sunny, summer days, and can harm humans and plants. As a result, EPA established the primary ozone NAAQS to protect public health.

Ground-level ozone severely impacts human longevity and respiratory health. 'See generally' Senate Committee on Environment and Public Health, S. Rep. No. 101-228 (1990), 'reprinted in' 1990 U.S.C.C.A.N. 3385. Long term, chronic exposure to ozone may produce accelerated aging of the lung analogous to that produced by cigarette smoke exposure. 'Id.' In 1995, EPA recognized that "[m]uch of the ozone inhaled reacts with sensitive lung tissues, irritating and inflaming the lungs, and causing a host of short-term adverse health consequences including chest pains, shortness of breath, coughing, nausea, throat irritation, and increased susceptibility to respiratory infections." 60 Fed. Reg. 4712-13 (Jan. 24, 1995). Moreover, two recent studies have shown a definitive link between short-term exposure to ozone and human mortality. 'See' 292 'Journal of the American Medical Asssn.' 2372-78 (Nov. 17, 2004); 170 'Am. J. Respir. Crit. Care Med.' 1080-87 (July 28, 2004) (observing significant ozone-related deaths in the NYCMA).

Children and outdoor workers are especially at risk for damaging effects caused by ozone exposure. A child's developing respiratory system is more susceptible than an adult's. Additionally, ozone is a summertime phenomenon; Children are outside playing and exercising more often during the summer which results in greater exposure to ozone than many adults. Outdoor workers are also more susceptible to lung damage because of their increased exposure to ozone during the summer months.

In 2006, EPA recognized a number of epidemiological and controlled human exposure studies that: suggest that asthmatic individuals are at greater risk for a variety of ozone-related effects including increased respiratory symptoms, increased medication usage, increased doctor and emergency room visits, and hospital admissions; provide highly suggestive evidence that short-term ambient ozone exposure contributes to mortality; and report health effects at ozone concentrations lower than the level of the current standards, as low as 0.04 parts per million (ppm) for some highly sensitive individuals. 'See Fact Sheet: Review of National Ambient Air Quality Standards for Ozone Second Draft Staff Paper, Human Exposure and Risk Assessments and First Draft Environmental Report', U.S. Environmental Protection Agency, July 2006.

Ground level ozone also interferes with the ability of plants to produce and store food, which compromises growth, reproduction and overall plant health. By weakening sensitive vegetation, ozone makes plants more susceptible to disease, pests and environmental stresses. Ozone has been shown to reduce yields for many economically important crops (e.g., corn, kidney beans, soybeans). Also, ozone damage to long-lived species such as trees (by killing or damaging leaves) can significantly decrease the natural beauty of an area, such as the Adirondacks.

As discussed above, the proposed revisions to Subpart 228-1 will also allow the state to satisfy state and federal legislative objectives by imposing RACT to control VOC emissions from surface coating processes in New York, thus furthering the goal of attaining the federally-mandated ozone NAAQS. A discussion of CAA and regulatory needs and benefits are further detailed in the "Regulatory Impact Statement" (RIS) and other rulemaking documents.

COSTS

Costs to Regulated Parties and Consumers

According to EPA estimates, 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. 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 [EPA 453/R-07-005, p.26]; Large Appliance $500 [EPA 453/R-07-004, p.21]; Wood Finishing $280 [EPA 453/R-96-007, pgs.6-2, 'et seq'.]; and Miscellaneous Metal and Plastic Coating $1,758 [EPA-453/R-08-003, p.40]. These cost estimates are based on facilities using lower VOC content materials rather than more expensive control technologies to comply with the new requirements.

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 significant increases in costs to consumers are anticipated. There are no costs associated with the changes proposed to Subpart 228-2.

Costs to State and Local Governments

As discussed above, 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; applying statewide to all surface coating processes located in the State. State and local entities are not expected to be affected by the proposed revisions. There are no expected direct costs to State and local governments associated with this proposed regulation. No record keeping, reporting, or other requirements will be imposed on local governments. The authority and responsibility for implementing and administering Subpart 228-1 and Subpart 228-2 in New York resides solely with the Department. Requirements for record keeping, reporting, etc. are applicable only to the person(s) who conduct surface coating.

Costs to the Regulating Agency

Administrative costs to the regulating agency will not increase.

PAPERWORK

No additional paperwork will be imposed on the surface coating industry.

LOCAL GOVERNMENT MANDATES

This is not a mandate on local governments. It applies equally to any entity that owns or operates a subject source. Local entities are not expected to be affected by the proposed revisions.

DUPLICATION

No other regulations address the specific requirements to reduce VOC emissions from the affected industry.

ALTERNATIVES

The following alternatives have been evaluated to address the goals set forth above. These are:

1. Take no action. The "no action" alternative does not comply with the CAA. Failure to comply with the CAA will result in an EPA imposed Federal Implementation Plan (FIP) pursuant to CAA section 110(c), sanctions in the form of an increase in the new source review offsets ratio to 2 to 1, and the loss of Federal highway funding pursuant to CAA section 179.

2. The proposed revisions to Subpart 228-1 contain alternatives for compliance, including the compliant materials requirement, the option of using add-on controls or the utilization of a coating system, as well as a RACT variance provision. These alternative compliance provisions contained in the proposed rule are preferable because they are consistent with the federal CTGs, will help NYS achieve necessary VOC emission reductions, and will satisfy the State's obligations under the CAA.

FEDERAL STANDARDS

The revisions are designed to comply with the requirements outlined in the CTGs.

COMPLIANCE SCHEDULE

In accordance with the CTGs and the CAA, States should submit SIP revisions within one year of the date of issuance of these final CTGs. Based on the various dates of issuance of the CTGs, the Department should submit SIP revisions as soon as practicable.

Regulatory Flexibility Analysis

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.

Rural Area Flexibility Analysis

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.

COSTS:

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.

Job Impact Statement

NATURE OF IMPACT:

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.

CATEGORIES AND NUMBERS OF JOBS OR EMPLOYMENT OPPORTUNITIES AFFECTED:

The proposed revisions to Subpart 228-1 affect owners/operators of surface coating processes statewide. The revisions are not expected to adversely impact jobs and employment opportunities in New York State. The proposed revisions to Subpart 228-1 may affect existing surface coating processes by requiring them to lower the VOC content of the materials used in their processes. This may require minimal consultation utilization to evaluate the necessity of process modifications. In such cases, jobs and employment opportunities may increase as a result of the proposed Subpart 228-1 revisions.

REGIONS OF ADVERSE IMPACT:

There are no regions of the State where the proposed revisions to Subpart 228-1 would have a disproportionate adverse impact on jobs or employment opportunities.

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 Subpart 228-1. The proposed revision to Subpart 228-1 also includes time for subject sources to come into compliance.

SELF-EMPLOYMENT OPPORTUNITIES:

None that the Department is aware of at this time.