Listening Session on Existing EPA Rules and Regulations

March 11, 2011 9:00 am - 11:00 am PAD notes Trac ey Bell, National Grid

- Involved in S uperfund, Gowanus Canal and Newtown Creek Would like to see: 1.) Collaboration between EPA and Army Corps of Engineers to deal with duplicate regulations.

- Problems in the past have arisen when the Army Corps learns of cleanup action plans too late and everything has to be re - adjusted to meet their regulations. 2.) Coordination between media programs

- Has been an issue in the past, requests that coordination is visible to the regulated party. Eric DeGesero, Fuel Merchants Association of NJ

- distributes heating oil, gasoline Asking for: 1.) EPA to define “widespre ad use” so states can repeal their Sta ge 2 Vapor Recovery Rules as allowed for under the Clean Air Act This will lead to a reduction of compliance costs and elimination of onerous, nitpicking penalties 2.) With regard to the use of ethanol in gasoline an d the E15 issue (decision to allow 15% ethanol in gasoline) , his organization is neutral, but is concerned with distribution system compatibility issues. He believes that EPA focuses too much on the engine and not enough on the distribution system. He be lieves that DOE is looking into this. Joel Kupferman , New York Environmental Law & Justice Project

- attorney Would like: 1.) MORE DATA 2.) EPA to increase test requirements /certification 3.) Affordable testing

- concerned that cost/benefit analyses mean the public loses 4.) Quicker enforcement

- EPA to intervene on enforcement 5.) EPA to step in to give assistance to state and city agencies 6.) Increase information sharing: more accessible, faster 7.) More live - reporting of information 8.) Codify re gulations; EPA should have less discretion 9.) Create clearer benchmarks 10.) Regulations to include more baselines (based on health studies) 11.) EPA to archive samples so they can be retrieved at a later date for follow - up12.) More Municipal oversight b y EPA

13.) More cooperation with other agencies, specifically OSHA 14.) More reporting on public health testing 15.) Consideration of disabled in EJ communities 16.) EPA to require stronger environmental impact statements 17.) EPA to have stronger whistleb lower protection Linda Cox, Bronx River Alliance 1.) Counting on the Clean Water Act

- In order for State Agencies to solve the Environmental Issues we face, we must have the underpinning of the Clean Water Act. 2.) Indicated that State Agencies rely on Federal Agencies Mike Seilback, American Lung Association 1.) We have made great progress with respect to air quality, but now is not the time to loosen regulations. 2.) Asking that the following overdue regulations be implemented: ozone NAAQS reevaluation; power plant mercury air toxics rule and Transport Rule; particulate matter NAAQS.

- EPA must follow the science to set standards, no reason to delay implementation Tim Dillingham, Littoral Society 1.) Concerned that there must be National p erformance standards– BPJ ( B est P rofessional Judgment ) state decisions vary too much. 2.) Reconsideration of overuse of Cost Benefit Analysis in EPA decision - making

- I.e. Value of fish population varies from an ecological to economic standpoint – very difficult to monetize. 3.) Asks that EPA deal with non - point source pollution issues 4.) EPA must create regulations for watershed retreat zones 5.) EPA needs regulations to protect against sea - level rise, climate change 6.) Disagrees with CWA 316(b) rules – o nce thru cooling for power plants. Chris Len , NY/NJ Baykeeper Staff Attorney Asking for: 1.) More regulation

-All regulations are made to look unnecessary by industry representatives, i.e ., Re gulations weakened – deep water horizon

- If EPA loosens regu lations, what is left?

- “Regulations are supposed to be burdensome” 2.) EPA CSO permits must meet water quality standards 3.) EPA to look at original purpose of Law, if purpose has not been achieved you cannot get rid of the regulation- Clean Waters Act wa s meant to ensure clean waters by 1985.

Ed Bakos, NJ DEP

- Had concerns with specific provisions of EPA’s auto body refinishing model rule. Specifically, he does not want to allow refills of the 3 oz. cups used in the process. He reference d Section 6H . Christina Montorio, Coalition for Healthy Ports Her comments and those of the next speaker, Cynthia Mellon, concerned a strategy be ing implemented under an EPA DERA grant at the New York - New Jersey Port. This program provides loans to independent truckers to purchase trucks newer than M odel Y ear 1994. It is supposed to ban the older trucks from entering the port. 1.) She questions the efficacy of diesel truck program2.) She states that information and data on tracking and reporting truck replacement and use are unavailable 3.) She states that the ban on older trucks is not being enforced 4.) She w ants EPA to encourage accountability Cynthia Mellon , Ironbound Community Corporation See previous comments Mav Moorhead, Co - Founder of NY H2O

-Against Hydro -fracking 1.) Promotes the idea that hydraulic fracturing should be halted

- Deception, basic disregard for human well - being (gas companies)

- Need full disclosure of chemicals