NEW YORK STATE

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

11-15 47th Avenue

Long Island City, New York

January ll,2012

2:15 pm.

@ Telephone: 2L2.349.9692 Facsimile: 2L2.557.2t52

I]IRE 1384 Broadway 19th Floor New York, NY 10118 ESQ DEPOSIfION SOLUTIONS
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Telephone : 212ß49$692

Facslmlte: 212,557,2152

1384 Broadway

19th Floor

New York, NY 10118

DEPARTMBNT OF ENVTRONMENTAL CONSERVAT]ONDIVISION OF ArR RESOURCES, REGTON 2

11-15 41Lr- Avenue

Long Island City, New York

BY: CICILY NIRAPPEL, Environmental Engineer II

PARESH SHAH, Environmental- Engineer II
the matter of the Department's proposed revísions to

Regulation 6 NYCRR, Parts 21,9 and 248, and revision? to

SIP to incorporate the proposed revisions.

The purpose of this hearing is to receive

public comment on the proposed provisions. If you wish

to make a statement, please fill out one of the cards and

give it to me.

f am Cicily Nirappel, serving as the Hearing

Officer for the Department. All persons, organizations,

corporations, or government agencies that maybe affected

by the proposals are invited to submit either written or

oral- statements.

All statements taken today, whether original

or spoken, wí11 be incorporated into the official recordof this proceeding. If you have your statement in

writing, please provide me with a copy for ease of

transcription.

Statements are not given under oath nor willthere be any cross-examination. ft is only necessary to

attend one of the following sessions since a cumulativerecord will be compiled.

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Telephone : 212.349.9692

Facslm lle : 212,557,2L52

1384 Bmadway

19th Floor

New York, NY f0118 {BrlFecqudus
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summarize such statements verbally. Vüritten comments can

al-so be submitted to the Department via the Internet.

Not.ice of the hearing is published in the

December t4, 20tt edition of the environmental notice

bul-letin, state register, and also in various nevrspapers.

I will now cal-l- Mr. Paresh Shah of the

Division of Air Servi-ces to make a brief statement.

MR. SHAH: Good afternoon. Thank you, Judge.

My name is Paresh Shah. I'm an

environmental engj-neer with the New York State Departmentof Environmental Conservation ín the Divisi-on of AirResources.

This is the hearing statement for lead NAAQS

Infrastructure Assessment. On October t5, 2008, the

United States Bnvironmental Protection Agency, EPA,

finalized a new, more stringent national ambient air

quality standard, NAAQS, for l-ead. The cl-ear air sectionunder Section 110 (a) (1) requires states to submit a planor infrastructure assessment within three years after the

revision of NAAQS demonstratíng they have the basíc air

quality management program components in place to provide

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Telephone : 272.349.9692

Facslmlle 212,557,2752

1384 Broadway

19th Floor

New York, NY 10118

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assessment.

On October 13, 2017, the Department

submitted its infrastructure assessment for the 2008 l-ead

NAAQS to BPA. This document, which affirmed that the

staters air program has the capability and authority toimplement, maintain, and enforce the NAAQS, was submitted

as a revisj-on t.o the New York State Implementation Pl-an

(srP) .

The Department is accepting comments on the

lead NAAQS infrastructure assessment through 5:00 p.m. on

January 26, 2OL2

A copy of the infrastructure assessment is

available on the Department website or by contacting

Mr. Scott Griffin at 518-402-8396. Comments may be

submitted by contacting Mr. Griffin or by e-mailing them

to aírsipsGgw. dec. state. ny. us.

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Telephone : 2t2.349.9692

Facslmlle: 212,557.2152

1384 Bmadway

19th Floor

New York, NY 10118
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Telephone : 212,349.9692

Facslm lle: 212,557,2752

1384 Bmadway

19th Floor

New York, NY 10118

the New York State Department of Envj-ronmentalConservation in the Division of Air Resources

The Department is proposing to revise

Articl-e 6 of the New York code of rul-es and regulations.

This proposed action will be íncorporated into New York

State regulation by reference. A recently adopted

federal regulation 40 CFR, Part 60, Sub-part MMMM, titled

"Emission Guidelines and Compliance Times For Existing

Sewage Studge fncineration" or SSI units.

This public hearing is one of the three

scheduled for the purpose of receiving statements and

comments on the Departmentfs proposal to amend Part 200,general provisions of the aj-r regulations and exj-stingair regulatíon governing incinerators by adding ner/rrapplicabiJ-ity requirements and adding a ner^r Sub-part

219-9 for SSI units.

These amendments will incorporate the

requirements of federal- rule Sub-part MMMM and addspecífic schedul-e requirements for facilities to comeinto compliance with the ne\^i regulation.

This regulation would apply statewide to
oxide, carbon monoxide, Ìead, iadmium, mercury, anddioxíns/furans.

The proposed rule would also establ-ish an

optimum limit as wel-l- as specific requirements for

initial and annual performance testing, operator training

recordkeeping and reporting, and compliance monitoring.

The Department will provide a written

response to comments received at these hearíngs. Anyone

who wishes to obtain ínformation or submit comments

rel-ated to the proposed actions may contact John Henkesat. New York State DBC, Divísion of Air Resources,

425 Broadway, Albany', New York L2233-3254¡ telephone,

area code 518-402-8403. E-maíl219incinßgw. dec. state. ny. us t or visit the Department' s

website at\^/r¡/w. dec. ny . qov / xegulations/propregulations . html .

To be consj-dered by the Department, written

comments must be submitted by 5:00 p.m. Thursday,

Januaxy 26, 2072. Thank you al-l- for attending this

hearing

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@ Telephone : 212,349.9692 Facslmlle: 272,557,2152

1384 Broadway

19th Floor

New York, NY 10118

ESQUIRE
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Telephone : 272.349,9692

Facslm lle: 272,557,2152

1384 Brcadway

19th Floor

New York, NY 10118

Shah. I'm an environmental- engineer with the New York

State Department of Environmental Conservation in the

Division of Air Resources.

The Department is proposing to revise

6 NYCRR, Part 248, use of ultra low sul-fur diesel fueland best viabl-e retrofit technology for heavy duty

vehicles. By amendlng def íniti-ons and the establ-ished

compliance schedul-e and by adding a useful- l-ife waiver

provision, the proposed changes are attributabl-e to

recent court decisions and the New York State legJ-slatureamending New York Environmental- Conservation Law ECL,

Section t9-0323.

New York State DBC has the statutory

authoríty to amend the existing regulation pursuant toECL. This public hearì-ng ís one of the three scheduled

for the pLrrpose of receiving statements and comments on

the Department's proposal to amend Part 248, use of ultra

low sulfur diesel fuel and best avail-ability retrofit

technology for heavy duty vehicl-es.

These amendments will continue to implement

t.he Diesel Emissi-on Reduction Act of 2006, DBRA, and
will also continue to generally mitígate a potential

threat to the health and wefl- being of the New Yorkers

posed by diesel- exhaust emissíons and provide emissions

reductions, thereby meeting objectives.

Specifically Part 248 wilI be amended by

changing several defínitions íncluding contractor, primecontractor on behalf of and regulated entity work. As aresul-t, the requirements of DERA and Part 248 will- not be

applicabl-e to subcontractors servicing state agency work,

submi-tting state agency work.

Part 248 would be amended by changing the

existing complíance schedul-e to allow all vehiclescovered by this regulation and to the have the bestavail-able retrofit technol-ogy BART on or afterDecember 3L, 2012. Part 248 would be amended by deleting

the 33 percent and the 63 percent BART phase incompliance deadlines.

Finally, part 248 would also be amended by

adding a useful- l-ife waiver provision which all-ows theDepartment to issue a waiver of this requírements of this

part to a BART regulated entity or contractor upon

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@ Telephone: 212.349.9692 Facslm lle: 212,557 .2152

1384 Broadway

19th Floor

New York, NY 10118

ESQUIRE
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w Telephone : 212349$692 Facslmlle ¡ 212,557,2152

1384 Broadway

19th Floor

New York, NY 10118

Anyone who wishes to obtain information or

submit written comments rel-at.ed to the proposed actions

may contact Jim Bologna at New York State DEC, Division

of Air Resources, 625 Broadway, Albany, New York

12233-3255, telephone area code 518-402-8292, e-mail

24BDERAGgw.dec.state.ny.us or visit the Departmentrs

website at.

wwvü. dec. ny . gov / regulations/propregul-ations . htmt .

Vüritten comments will be accepted through

5:00 p.m. Thursday, January 26, 2072. Thank you all for

attending this hearing

MS. NIR.A.PPEL: Is there anyone who wishes to

make a statement or comment?

MR. PANICOLA: My name is Barry Panicol-a. I

represent Sprague Operating Resources, LLC, a large fuel

supplier and terminal operator in the northeast. I havestatements regarding notices of proposal werre makíng,

6 NYCRR, Part 248.

Vüe currently hold several New York

State-based contracts to deIíver gasoline and diesel to

MTA agencies such as New York City Transit, MTA bridges

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clarification for who's considered del-ivering on behalf

of, further clarification is needed for t.he terms regular

and frequent basis as far as deliveries go.

Furthermore, the labeling requirements

described in the regulation appear to be in violation ofthe federal- law as written in Section 14506 of Title 49

Chapter i-45 of the U.S. code which prohibits state

specific decals with few exceptions.

The recordkeeping requirements are quite

burdensome and many of the agencies that we have to

report the reco'rds to are unsure of the requj-rements

themsel-ves and how our information will- be integrated

into their reports.

In regards to the proposed date in this

notice of proposed rule making, our company suspended its

DERA-based retrofit and vehicle replacement plan inDecember 2010 after the DEC announced that it would not

enforce the requirements of Part 248 until the outcome ofthe two court cases h/ere determined.

At that point Sprague had installed over

$100,000 in retrofitted equipment and had taken delivery

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Telephone : 272,349.9692

Facslmlle: 212,557.2752

1384 Bmadway

19th Floor

New York, NY 10118
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Due to the high horsepower application of our

fl-eet, qualifying retrofi-ts are scarce and costly. The

current retrofit vehicles have had several- failures and

have had added maintenance costs, further disadvantaging

our company. During thís period of inactivity for DERÄ,

in our i-ndustry alone several state contracts have been

awarded changing the requi-rements of our fleet.

Giving us just over 11 months to restart the

program and cbmply puts an unfair hardship to our

operatíon. Since we own and operate our o\^In fleet, a

position that allows us to provide a higher l-evel of

service to our state customers as opposed to hiring an

outside contractor to make deliveries, other vendors inour índustry will have an unfair advantage by having

subcontractors deliver their fuel-.

Our fleet is registered and based in New York

and pays a high amount of New York-based fees, taxes, and

permitting costs. And not having a mechanism built into

these regulations that aIlows tls to either gradually

transform our fleet through orderly requirement of ol-der

vehicles without undue and immediate expense and then new

@ Telephone : 2L2,349.9692 Facslmf le: 212.557.2712

1384 Bmadway

19th Floor

New York, NY 10118

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Telephone : 272,3499692

Facslmlle: 212,557 .2152

1384 Broadway

19th Floor

New York, NY 10118

very least, the proposal made by Senator Seward in bill

52369 and Assemblyman Gabryszak in bil-I A'6899 should be

approved, extending the complíance date to December 37,20L4.

Additionally, once a cornpliance date is set,

the original term of the useful- life waivers which were

set to expire three years from the orj-gínaI compliance

date should be reset and expire three years after the

mandatory compliance date.

Under the current proposed rule making, thê

useful lífe waiver should be sêt to expire December 3I,

2016. And íf compliance date is moved to December 3I,

2014, then the useful life waiver should expire

December 31, 2011.

Under current economic condítions that both

public municipal- and private fleets are operating in,

this will give a opportunity for vehicle life cycles toend without the added expense of a retrofit and allow a

new vehicle to replace them. Thank you.

MS. NfRAPPEL: Does anyone else wish to

speak?
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technology in a timely manner. Irm someone that suffers

from asthma. And on behalf of the many people in the New

York Cíty area who do suffer from ast.hma, diesel exhaust

contributes greatly to asthma in youth and it's very,

very important that we have stríngent diesel exhaust

regulations.

Gíven the impendj-ng hydraulic fracturing in

the new environmental impact statement on hydraulic

fracturing in certain areas of New York, I'm very

concerned that that diesel exhaust could come to New YorkCity, as it has been shown that diesel exhaust can form

smog when mixed with particulate matter that can travel200 miles. So it's essential that we i-mplement theseregulatíons as soon as possible and that they be

implemented in a very stríngent way.

MS. NIRAPPEL: Anybody else?MR. MUNOZ: I'm fine.

MR. SHAH: Sir, vou work for the government

or are you a citizen?

MR. MENDELL: I'm a citizen. I had a

question about the useful I donrt know if you can

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Telephone : 272.3499692

Facslmlle: 212,557,2752

1384 Broadway

19th Floor

New York, NY 10118
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1384 Broadway ' 19th Floor

New York, NY 10118

to 2:36 p.m.)

(The meeting resumed. )

MS. NIRAPPEL: I remind you that the public

comment period will close at 5 p.m. on Saturday, January

26, 20L2. Vüritten statements should be submitted to theState of New York State DEC, Division of Air Resources,

25 Broadway, Albany, New York L2233-3325.

Statements can also be faxed or e-mailed to

the Department. The time is now 2:46, and there is noone else who wishes to comment. The hearíng section isadjourned. Thank you all for coming.

(Tíme noted: 2:46 p.m. )
Telephone : 2t2,349,9692

Facslmlle: ZtZ,SSZ.ztfl

1384 Bmadryåy

19th Ftoor

New York, Î{y 10118

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T, srEpHANrE BARRTLLARO, a shorthand Reporter

and Notary Public within and for the state of New york,

do hereby certify that r reported the proceedings of the

New York state Department of Environmentar conservation

on January L7, 2012, and that this is an accurate

transcri-ption of what transpired at that time and p1ace.

Stepha 1e Bari 11aro,

Shorthand Reporter