# Exhibit 6

USCA Case #11-1131 Document #1330427 Filed: 09/19/2011 Page 1 of 8ORAL ARGUMENT NOT YET SCHEDULED UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ) NATIONAL ASSOCIATION OF CLEAN WATER AGENCIES, ) ) ) Petitioner ) No. 11-1131 ) (consolidated with Nos. v. ) 11-1167 and 11-1185) ) ENVIRONMENTAL PROTECTION AGENCY and LISA PEREZ JACKSON, ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY ) ) ) ) ) Respondents )

____________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ) DECLARATION OF RI CHARD J. LYONS I, Richard J. Lyons, hereby declare as follows:

1. I am the Executive Director of the Alba ny County Sewer District (“District”) with the mailing address of P.O. Box 4187, Albany, New York 12204. I have maintained a position at the Albany County Sewer District since 1975.

2. This declaration is submitted in suppor t of the Joint Motion for Stay of the SSI Rule by the National Association of Clean Water Agencies (“NACWA”) and Hatfield Township Municipal Authority (“ Hatfield Township”) requesting stay of

Page 1 of 7 USCA Case #11-1131 Document #1330427 Filed: 09/19/2011 Page 2 of 8the “Standards of Performance for Ne w Stationary Sources and Emission Guidelines for Existing Sources: Sewage Sludge Incineration Un its,” 75 Fed. Reg. 15372 (Mar. 21, 2011) (the “SSI Rule”). NACWA’s petition asked the U.S. Environmental Protection Agency (“EPA”) to reconsider central elements of the final rule establishing emission limitatio ns and other requirements under § 129 of the Clean Air Act (“CAA”) applicable to sewage sludge incine rators (“SSI”).

3. In my capacity as Executive Director of the District, I am responsible for planning and budgeting for the utility’s facilities and cap ital improvement projects, including the acquisition of equipment and services necessary to comply with the requirements of the SSI Rule.

4. The District owns and operates two activated sludge facilities with the following operating capacities:

o North plant with 35 million gallons per day (“MGD”) dry weather capacity, 88 MGD wet weather capacity which se rvices eight municipalities with a population of roughly 110,000, and

o South plant with 19 MGD dry weather capacity, 45 MGD wet weather capacity which services approximately 90 percent of the City of Albany with a population of roughly 90,000.

Page 2 of 7 USCA Case #11-1131 Document #1330427 Filed: 09/19/2011 Page 3 of 83. Between the two treatment plants, the District processes 11,000 dry tons of bio-solids through incineration each year. Given there are only three management options available for the disposal of bio- solid waste (land app lication, landfilling and incineration) the District has found in cineration to be the most cost-effective and environmentally friendly method for disposal.

4. The District maintains two multiple h earth incinerators at each of the District’s two locations (designated as the North and South pl ants). The Northplant has two BSP-design multiple hearth SSIs. The South plant has two Nicholsdesign multiple hearth SSIs. Presently, bot h facilities are subject to the existing sources standards in the SSI rule; however , the North plant could become subject to the new source standards as a result of ongoing upgrades which will include a heat recovery system.

5. The District has spent over $7 million on solid waste handling improvements over the past five years and maintains an outstanding record of compliance with environmental requirements. All impr ovements are made in the most cost effective manner to minimize the impact on rate payers. The District has made the following improvements to the two wastew ater treatment facilities’ biosolids handling operations.

North Plant:
Page 3 of 7 USCA Case #11-1131 Document #1330427 Filed: 09/19/2011 Page 4 of 8Scrubber System Improvements - The District has completed over $5.5 million in engineering and improvements to the incinerator scrubber systems in 2005-2006. These improvements a ddress particulate matter removal and opacity.
Belt Press Improvements – This project involved addition of a 2.0 meter belt filter press with cak e conveying modifications, completed in 2008 at a cost of $600,000.

South Plant: Scrubber System Improvements – Like at the North plant, the District has completed engineering and improveme nts to the incinerator scrubber systems at the South plant in 2005- 2006. These improvements address particulate matter re moval and opacity.
Belt Press Improvements - This project involved addition of a 1.5 meter belt filter press with cak e conveying modifications, completed in 2008 at a cost of $550,000.

5. The District is in the middle of cons tructing a biosolids incineration heat recovery project. When complete, the proj ect will generate over 35 percent of the District’s electrical energy requirements at its North plant facility by recovering

Page 4 of 7 USCA Case #11-1131 Document #1330427 Filed: 09/19/2011 Page 5 of 8heat and producing energy from renewa ble domestic sewage sludge thereby reducing reliance on imported and fossil fuel energy sources. The project has been recognized for its innovation, combined heat and power aspects by use of a renewable energy source.

6. However, as a result of performing beneficial projects like the North plant energy recovery project, the Di strict’s incinerators may now become subject to the new source performance standards in the SSI Rule, which are more stringent than any existing requirements and will cost far more in order to comply. Based upon available stack testing data, none of th e District’s SSIs meet the new source standards for multiple hearth incinerators . Vendor estimates for wet electrostatic precipitators ($5 million per plant) and activated carbon absorption systems ($10 million per plant) total $30 million in capital costs for the pollution control equipment alone. These estimates do not include capital costs for other changes necessary for the addition of pollution control equipment, do not include engineering costs, and do not include stack testing and other operation and maintenance costs. There is no practical way to eliminate these additional controls once they are purchased and installed. Furt hermore, there is reason to believe that the District’s SSIs still could not meet the SSI Rule requirements because activated carbon absorption has not been shown to work on SSIs.

Page 5 of 7 USCA Case #11-1131 Document #1330427 Filed: 09/19/2011 Page 6 of 87. As a direct result of the SSI Rule, faci lities such as ours will not seek to make improvements or undert ake other beneficial projects since doing so will trigger an immediate change in regulator y requirements that are very costly. Otherwise beneficial projects, such as energy recovery projects, would add many millions in capital and engineering costs and additional improve ments in order to comply with th e SSI Rule.

8. The overly stringent SSI Rule also threatens the continued use of incineration as the most viable and en vironmentally sound method of biosolids management. The District chose biosolids incineration because it is the most cost effective and environmentally beneficial means of biosolids management for the communities we serve. Incineration pr ovides 90 percent volume reduction of biosolids thereby reducing burdens on landfill capacities, allows for the conversion of biosolids into energy (rather than wasting this energy through landfill decomposition), and produces a valuable ash product that the District blends with compost material to make a topsoil whic h can be used for landfill cover, closure material, road repair soil, and golf course repair and reconstruction soil. Recent regulatory changes have led to diverting organic material like biosolids away from landfills and, with the numerous restrictions on land ap plication of biosolids, incineration remains the only viable alternative.

Page 6 of 7 USCA Case #11-1131 Document #1330427 Filed: 09/19/2011 Page 7 of 89. The impacts of the SSI Rule on the Dist rict and rate payers are already being felt. The New York State Department of Environmental Conser vation is asking the District and other facilities w ith SSIs to immediately decl are that they will be in compliance with the SSI regulations, or w ill cease biosolids incineration by March 21, 2012. The ramifications to rate paye rs and the industry as a whole of such conditions in these economic times can be devastating. The SSI Rule is having an immediate impact on all District rate paye rs by having to increase debt service to the District eight member communities, for capital improvements, engineering and other compliance burdens directly caused by the SSI Rule.

10. The District feels strongly that EPA should be made to reexamine the SSI Rule in full complia nce with the CAA. I declare under penalty of perjury th at the foregoing is true and correct.

Albany, New York September 6, 2011 Richard J. Lyons Executive Director Albany County Sewer District

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