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STATE OF NEW YORK

DEPARTMENT OF ENVTRONMENTAL CONSERVATION

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In the Matter

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A public hearing regarding proposed

revisions to regulat.e 6 NYCRR part 2I9,

200, 248 and revisions to the State

Implementatíon PIan.

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January 78, 2:00 p.m. 2012

NYSDEC

625 Broadway Albany, NY 12233

BEFORE: LARRY S]TZMAN Hearing Officer

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Environmental Engineer Division of Air Resources NYSDEC

JAMES BOLOGNA

Environment af Engineer Division of Air Resources NYSDEC

MARK LANZAFAME

Environmental Engineer Division of Air Resources NYSDEC

ALSO PRESENT

Members of the Public

REPORTED BY: LYNN SHEELEY

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LEGUIRE SHORTHAND REPORTERS
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York State Department Environmental Conservation in the

matter of the departments proposed revisj-ons to regulate 6NYCRR Part 2I9, 200, 248 and revisions to the St.ate

Implementation PIan.

The purpose of this hearing to receive public

comment on the proposed revisions. If you wish Lo make a

staLement, please fill out one of the cards and give it

back to me, and I'11 use them to call- speakers up in the

order that I received the cards. My name is Larry Sitzman,and I am serving as the Hearing Officer for t.he Department

today.

AII persons, organizations,

agencies that may be affected byto submit. either wriLLen or oral

corporations

the proposal

statements.

or government

are invited

All

statemenLs taken today whether written or spoken will- beincorporated into the official record of this proceeding.Statements are not given under oath nor wilf t.here be anycross-examination. We have made arrangements for astenographer to record these proceedings. If you read a

prepared. statemenl, please read it slowly and if possible

25 feave a copy with the stenographer for ease of

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a hearing was hel-d yesterd.ay in New York City; and a

hearing wii-l- be held- tomorrow, January 19th, at the NewYork State DEC Region B office conference room beginning at

2:00 p . m.

Written sLatements received duríng the public

comment. period and oral statements made at this hearing

wilf be given equal weight. Pl-ease submit any lengthy

statements in writing. If yôu wish, you may summarize suchstatements verbally. Written comments can also besubmit.t.ed on or before 5 p.m. on January 26Lh, 2012.

Notices of these hearings were published in the

December 14th, 2OII edition of the Environmental Notice

Bulfetin and t.he State Register. Notices were also

published 14th in the New York Post., News Day,

the AlbanyRochesterNews.

on December

Times Uníon, the Glenns Falfs

Democrat and Chronicaf and the

Post Star, theBuffalo Evening

I will now call upon three different

DEC to make brief staLements about each of

employees of the

the rules this

hearingwho will

is about today. First I

tal-k about changes being

will call Scott Griffin

imposed for the

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Divisíon of Air Resources.

On October 15th, 2008, the United States

Environmental- Protection Agency (EPA) finalized a new,

more stringent National Ambient Air Quality St.andard

(NAAQS) for lead. The Clean Air Act under Section

110(a) (1)requires states to submit a plan or

"infrastructure assessment" within 3 years after the

revision of a NAAQS demonstrating they have the basic a.irqualit.y manaqement program componenLs in place to províde

for implemenLation, maintenance and. enforcement of such

standard in the state. Clean Air Act Sect.ion

110(a) (2)Iists the specific elements to be addressed in

t.he inf rastructure assessment.

On October 13, 20II, Lhe Department submitted its

infrastructure assessmenL for the 2008 lead NAAQS to EPA.

This documenL, which affirmed that the state's air programhas the capability and authority to implement, maintain

and enforce the NAAQS, was submitted as a revision to the

New York State Implementation Plan (SIP) .

The Department is accepting commenLs on the lead

NAAQS infrastructure assessment through 5 p.m., January

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airsipsGgw.dec.state.ny.us. Thank you.

HEARTNG OFFICER SITZMAN: NEXI,

proposed amendmenLs to Part 248, f'lf calf

Bologna.

to talk about the

up James

MR. BOLOGNA: Good afternoon. My name is .lrm

Boloqna. I'm an Environmentaf Engineer with the Division

of Air Resources, New York State Department of

Environmentaf Conservation (NYSDEC) .

The Department is proposing to revise 6 NYCRR Part

248, "Use of Ult.ra Low Sulf ur Diese-l- FueI and Best

Available Retrofit Technology for Heavy Duty Vehicfes" by

amending definitions and the established compliance

schedule and by adding a useful life waiver provision.

The proposed changes are attributable to recent

Court decisions and the New York St.at.e Legislature

amending New York Envj-ronmental Conservation Law (ECL)

Section L9-0323. NYSDEC has the statutory authority toamend. the existing regulation pursuant to ECL

This public hearing ís one of three scheduled for

the purpose of receiving statements and comments on t.he

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79-0323 changes. fn addition, recent Court decisions

require the DepartmenL to revise portions of the

regulations. It will al-so continue Lo qenerally mitigate

a potential threat to the health and well-being of New

Yorkers posed by diesef exhaust emissions and provide

emissions reductions thereby meeting legisfativeobj ectives .

Specifically, Part 248 would be amended by changing

several- definitions including "contractor, " rrprimeconLracLor," "on behalf of' and "reguJ-ated entity work."

As a result, the requirement.s of DERA and Part 248 wil-lnot be applicable to subcontractors servicing state aqency

work.

Part 248 woufd be amended by changing the exist.ing

compliance schedu-le to alfow al-I vehicles covered by this

regulation to have best avaifable retrofit technology

(BART) on or after December 3I, 20L2.

Part 248 would be amended by

percent and 66 percenL BART phase-in

Einally, Part 248 would afso

useful Iife waiver provisions which

deleting the 33

compliance

be amended

allows the

deadl-ines.

by adding a

Department. atr

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York St.ate on or before December 3I, 2013.

Anyone who wishes t.o obtain lnformation or submit

written comments rel-ated to the proposed actions may

contact. Jim Bologna, at NYSDEC Division of Air Resources,625 Broadway, Albany, NY 12233-3255, telephone: area code

(518) 402-8292, email-: 24BDERAGgw.dec. state.ny.us r or visit

the Department's websit.e at:

www. dec. ny .qov / requl-ations /proprequlations . html .

Writt.en comments will be accepted through 5:00 p.m,

Thursday, January 26, 2012. I'd like to say thank you allfor attending this hearing.

HEARfNG OFFICER SITZMAN: Lastly, to t.afk about

Part 2L9 proposed amendments is Mark Lanzafame.

MR. LANZAFAME: Thank you. Irm Mark Lanzafame,

an Environment.al- Engineer with the Division of Air

Resources, New York St.ate Department of Environment.af

Conservation.

The Department is proposing to revise Articfe 6 of

t.he New York Code of Rules and Regulations. This proposed

action will incorporate into new York State regulation (by

reference) a recently adopt.ed Federal Regulation, 40 CFR

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the purpose of receiving statements and commenLs on theDepartment's proposal to amend Part 200 "General

Provisions'r of the air regulations; amend an existing airregulation qoverning "Incinerators" by adding newappÌicability requirements and addingi a new Subpart 2I9-9for SSI units. These amendments wiff incorporate the

requirements of Federal Rule Subpart MMMY, and add

specific schedule requirements for facil-ities to come into

compliance with the new regulation.

This regulat.ion would apply statewide to existing

ser^Iaqe sludge incineration units consLructed on or before

October I4, 2010. It woufd establ-ish mandatory Iimits for

nine air pollutants, includíng particulate matter, sulfur

dioxide, hydrogen chloride, nitrogen oxides, carbon

monoxide, lead, cadmium, mercury and dioxins/furans. Theproposed rule woul-d also estabfish an opacity limit. as

well- as specific requirements for initial and annualperformance tesLing, operator t.raining, recordkeeping and

report.íng and compliance monitoring.

The Department will provide a written response to

comments received at t.hese hearings. Anyone who wishes to

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2L9incínGgw.dec.st.ate.ny.us r or visit the Department's

website at:ww\^r. dec . ny . qov / regulations /propregulations . html .

To be considered by the Department, written

comments must be submitted by 5:00 p.m Thursday, January26, 20L2.

HEARING OFFICER SITZMAN: Thank you. I have

received no cards for statements. If anyone wants to make

a sLatement, woul-d your raise your hand or stand up. (No

response. ) Okay, f think I would like to take a l_ittle

break and go off the record for maybe 15 minutes untiJabout 2:30 to give anybody efse who may be lost gettinghere a chance to show up, and then we will reconvene and

call this hearing to an end.

I would urge anybody who has questions of what the

email address or address or phone number is, they whipped

them off pretty fast up here, to see one of the three

gentlemen and get. that information from them during the 15

minutes, and we will reconvene and finish.

(Off the record. )

HEARING OFFICER SITZMAN: I'd like to go back on

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reminder: The public

on January 26, 20L2.

submitted, and please

afLer the hearing if

stal-ement. The t.ime

comment period will close at 5 p m

Written or email statements may be

see one

you need

of the previous

the address to

speakers

submit your

is now 2:3L, and I see there is no

hearing is

and f or comi-ng.

one else who wished to comment, so thisadjourned. Thank you all- for your time

concluded. ) (The proceedinqs were

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CERTIFICATION

I, Lynn Sheeley, Shorthand Reporter in and for

the State of New York, do hereby certify that the foregoingt

record taken by me at t.he time and place as noted in the

heading hereof is a Lrue and accurate transcript of same tothe best of my abilit.y and belief .

lu\m ,Lvt8¿811 - LYNN SHEELEY

DaLe: January 18, 2012

LEGUIRE SHORTHAND REPORTERS