The Environmental Protection Agency (EPA) is proposing to approve a revision to the New York State Implementation Plan (SIP) for ozone concerning the control of oxides of nitrogen. The proposed SIP revision consists of amendments to Title 6 of the New York Codes, Rules and Regulations Part 200, “General Provisions,” Part 212, “General Process Emission Sources,” Part 220, “Portland Cement Plants and Glass Plants,” and Subpart 227-2, “Reasonably Available Control Technology (RACT) For Major Facilities of Oxides of Nitrogen (NOx).” EPA is accepting comments on the proposed rule through May 10, 2013.
In 2010, the New York State Department of Environmental Conservation (NYSDEC) submitted to EPA proposed revisions to the SIP, which included State adopted revisions to four regulations contained in Title 6 of the New York Code of Rules and Regulations (6 NYCRR) Part 200, “General Provisions,” Part 212, “General Process Emission Sources,” Part 220, “Portland Cement Plants and Glass Plants,” and Part 227-2, “Reasonably Available Control Technology (RACT) For Major Facilities of Oxides of Nitrogen (NOX),” with effective dates of September 30, 2010, July 11, 2010 and July 8, 2010, respectively. These revisions are applicable statewide and will therefore provide oxides of nitrogen (NOX) emission reductions statewide and will address, in part, attainment of the 1997 8-hour ozone standard in the NYMA and the RACT and RACM requirements.
NYSDEC revised 6 NYCRR Part 212, by adding section 212.12, “Hot mix asphalt production plants,” to include control requirements for hot mix asphalt production plants. These control requirements will be specifically aimed at reducing NOX emissions resulting from combustion during the aggregate drying and heating process. With the exception of section 212.12, NOX requirements under Part 212 affect only major facilities. Major facilities or major sources are those that have a potential to emit NOX emissions in excess of 100 tons/yr (upstate) and 25 tons/yr. Most, if not all, hot mix asphalt plants in New York State are minor sources. Therefore, these new requirements will target primarily minor sources. Approximately 200 hot mix asphalt production plants exist throughout the State, though not all are currently in service. On February 28, 2013, New York submitted a letter to EPA certifying that there are no “major source” asphalt production plants located in New York State.