Parts 200, 219-1 and 219-8 (6 NYCRR) - Hearing Report, June 26, 2002
Hearing Report, June 26, 2002
STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Albany, New York 12233-1550
In the Matter of the Proposed Revisions
Title 6 of the Official Compilation of
Codes, Rules and Regulations of the State of New York
by the Amendment of Part 200, General Provisions;
the Amendment of Subpart 219-1, Incineration, General Provisions;
the Adoption of a New
SUBPART 219-8, "EMISSION GUIDELINES AND COMPLIANCE TIMES
FOR SMALL MUNICIPAL WASTE COMBUSTION UNITS
CONSTRUCTED ON OR BEFORE AUGUST 30, 1999"
and the Receipt of Public Comment on the
New York State Plan for Implementation of Municipal Waste Combustor Emission Guidelines
delineated in Title 40 CFR Part 60, Subparts B and BBBB, in accordance with
the requirements of Sections 111(d) and 129 of the Clean Air Act
Richard R. Wissler
Administrative Law Judge
June 26, 2002
The New York State Department of Environmental Conservation (Department) scheduled public hearings as part of the process to revise Title 6 of the Official Compilation of Codes, Rules and Regulations (6 NYCRR) of the State of New York by the amendment of Part 200, entitled, "General Provisions" and Subpart 219-1, entitled, "Incineration, General Provisions"; and the adoption of a proposed new Subpart 219-8, entitled, " Emission Guidelines and Compliance Times for Small Municipal Waste Combustion Units Constructed on or Before August 30, 1999. In addition, the hearings were convened to receive public comment on the New York State Plan for Implementation of the Municipal Waste Combustor Emission Guidelines as delineated in Title 40 CFR Part 60, Subparts B and BBBB, in accordance with the requirements of Sections 111(d) and 129 of the Clean Air Act. The Department issued a Notice of Proposed Rule Making for distribution and for publication as a legal notice. The Notice was published on March 20, 2002, in the New York State Register; the Department's Environmental Notice Bulletin; and in the following newspapers as shown by their publishers' affidavits: the New York Post, Newsday, The Journal News, the Albany Times Union, the Buffalo News, The Syracuse Herald American, the Binghamton Press & Sun Bulletin, The Post-Star of Glens Falls, The Times Herald-Record of Middletown, the Democrat & Chronicle of Rochester, The Niagara Gazette, The Daily Mail of Catskill, the Watertown Daily Times, and The Recorder of Amsterdam. This Notice provided for two public legislative hearings.
In a memorandum received March 4, 2002, John Higgins, Director of the Bureau of Stationary Sources of the Department's Division of Air Resources, requested the services of an administrative law judge from the Office of Hearings and Mediation Services to conduct the required public hearings.
The aforementioned hearings for the receipt of oral and written statements from the public were held on April 23, 2002, at 1:00 p.m., at the Tackapuasha Museum, Conference Room, Washington Avenue, Seaford, Long Island, New York, with four members of the public in attendance; and on April 25, 2002, at 1:00 p.m., at the Department's Headquarters, Public Assembly Room 129A, 625 Broadway, Albany, New York, with one member of the public in attendance. As provided in the Notice, written comments from the public could be submitted to the Department until May 1, 2002.
These proceedings were held pursuant to Environmental Conservation Law Article 1, General Provisions; Article 3, General Functions, Powers, Duties and Jurisdiction; and Article 19, Air Pollution Control.
According to Department Staff, as mandated by Sections 111 and 129 of the Clean Air Act Amendment of 1990 (the Act), the United States Environmental Protection Agency (USEPA) promulgated "Emission Guidelines" for existing Small Municipal Waste Combustors, and New Source Performance Standards for new Small Municipal Waste Combustors in 40 CFR 60, Subparts BBBB and AAAA, respectively, on December 6, 2000. New York State is mandated by the Act to submit to USEPA a State Plan to implement and enforce the federal "Emission Guidelines". Adoption of the proposed rulemaking is necessary for New York State to comply with the Act mandate. Under federal regulations, USEPA may approve a proposed State Plan only after the State has provided public notice of the revisions and an opportunity for public comment.
SUMMARY OF STATEMENTS
Public Hearing of April 23, 2002
The Department was represented by Syed Rahman, an environmental engineer with the Department's Region 1 Division of Air Resources, who read a prepared statement summarizing the purpose of the proposed State Plan, and the proposed 6 NYCRR amendments and new Subpart 219-8.
No oral or written comments from the public were received at this public hearing.
Public Hearing of April 25, 2002
The Department was represented by Ajay Shroff, an environmental engineer with the Department's Bureau of Stationery Sources of the Division of Air Resources, in Albany, who read a prepared statement summarizing the purpose of the proposed State Plan, and the proposed 6 NYCRR amendments and new Subpart 219-8.
Only one member of the public spoke at the hearing. His name was John L. Rose, a consulting engineer to the Dutchess County Resource Recovery Agency. He indicated that the facility operated by the Dutchess County agency expects to meet the emission limits mandated by the new regulations and commended the Department for its efforts in proposing them.
No written comments from the public were received at this public hearing.
As provided in the Notice, the public comment closed on May 1, 2002. No further comments from the public were received.