ENV-44-12-00016-A Volatile Organic Compound (VOC) Limits Used in Surface Coating Processes

5/22/13 N.Y. St. Reg. ENV-44-12-00016-A

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 21

May 22, 2013

RULE MAKING ACTIVITIES

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF ADOPTION

 

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

Filing No. 496

Filing Date. May. 06, 2013

Effective Date. s , 30 d

Volatile Organic Compound (VOC) Limits Used in Surface Coating Processes

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

Action taken:

Amendment of Parts 200 and 201, and Subparts 228-1 and 228-2 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 section 182 of the Federal Clean Air Act (42 USC section 7511a)

Subject:

Volatile organic compound (VOC) limits used in surface coating processes.

Purpose:

Improve air quality by reducing the emissions of VOCs which are precursors to Ozone (smog).

Substance of final rule:

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.

Final rule as compared with last published rule:

Nonsubstantive changes were made in sections 228-1.1(a)(1), (b)(9), 228-1.3(b)(1), 228-1.4(b)(8), (9), (c)(3), (d)(3), 228-1.6(f), 228-2.2(a)(6), 200.9 and 201-3.2(c)(17).

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

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

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.

Revised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement

No changes were made to previously published Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement.

Initial Review of Rule

As a rule that requires a Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement this rule will be initially reviewed in the calendar year 2016, which is no later than the 3rd year after the year in which this rule is being adopted.

Assessment of Public Comment

The New York State Department of Environmental Conservation (Department) is amending 6 NYCRR Subpart Part 228-1, Surface Coating Processes; with attendant changes to 6 NYCRR Part 200, General Provisions, and Part 201, Permitting Requirements. The changes include re-organization; lowering of some applicability criteria; major changes to coating categories and VOC content limits; and VOC treatment efficacy. These revisions will update the current regulation, consistent with EPA’s current ‘Control Technique Guidelines’ for affected surface coating processes. This rulemaking also re-organizes and makes clarifying changes to 6 NYCRR Part 228-2, Commercial and Industrial Adhesives, Sealants and Primers.

The Department published the proposed regulations on October 31, 2012. Hearings were held in Avon on December 18, 2012; Albany on December 20, 2012; and Long Island City on December 17, 2012. The comment period closed at 5:00 p.m. on December 28, 2012. The Department received written comments from nine commenters representing coating industry trade organizations/associations and Government agencies including: the U.S. Environmental Protection Agency, U.S. Department of Defense, and the Business Council of New York State. The Department assessed these comments in the Assessment of Public Comments (APC) document included with this rulemaking.

The commenters generally expressed support for the Department’s adoption of the proposed regulations. No comments were received expressing opposition to the proposed regulation. Most of the comments received were general in nature or requests for clarification. There were also a number of specific requests to change VOC limits from those proposed; and add coating types/categories and VOC limits that were not proposed. None these types of requests where incorporated into the final regulation. Some comments were beyond the scope of this rulemaking, or lacked sufficient justification to make requested changes to the proposed rule at this time.