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Parts 237 and 238 (6 NYCRR) - Hearing Report, November 12, 2002

Hearing Report, November 12, 2002

STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
625 Broadway
Albany, New York 12233-1550

In the Matter of the Proposed Revisions to Title 6 of the Official Compilation
of Codes, Rules and Regulations of the State of New York by the Adoption of a New PART 237,
"ACID DEPOSITION REDUCTION NOX BUDGET TRADING PROGRAM"
and by the Adoption of a New PART 238, "ACID DEPOSITION REDUCTION SO2 BUDGET TRADING PROGRAM"

HEARING REPORT

____________ /s/____________
Richard R. Wissler
Administrative Law Judge

November 12, 2002

PROCEEDINGS

The New York State Department of Environmental Conservation ("Department" or "DEC") 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 adoption of a proposed new Part 237 and a proposed new Part 238. The Department issued a of Proposed Rule Making for distribution and for publication as a legal notice. The notice was published on February 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 originally provided for three public legislative hearings at various locations throughout the state, including a final hearing on April 5, 2002, in Albany. This last hearing, however, was rescheduled for May 20, 2002, in Albany. Moreover, the deadline for the submission of written comments was extended from April 12, 2002, to May 28, 2002. Accordingly, a Correction Notice articulating these changes was published in the New York State Register on April 3, 2002; and on March 27, 2002, in the Environmental Notice Bulletin and as a legal notice in the aforementioned newspapers.

Pursuant to a Memorandum from James Ralston, Director of the Bureau of Air Quality Planning, of the Department's Division of Air Resources, dated February 19, 2002, the services of an administrative law judge ("ALJ") from the Office of Hearings and Mediation Services were requested to conduct the required public hearings.

The aforementioned hearings for the receipt of oral and written statements from the public were held on April 2, 2002, at 1:00 p.m., at the Annex of the Department's Region 2 Headquarters, Hearing Room 108, 11-15 47th Avenue, Long Island City, Long Island City, New York, with six members of the public in attendance; on April 4, 2002, at 1:00 p.m., at the Mahoney State Office Building, Hearing Room Part 1, 65 Court Street, Buffalo, New York, with ten members of the public in attendance; and on May 20, 2002, at the Department's Headquarters, Public Assembly Rooms 129A and 129B, 625 Broadway, Albany, New York, with approximately fifty members of the public in attendance.

These proceedings are held in accordance with and pursuant to the authority of Environmental Conservation Law ("ECL") Article 1 General Provisions; Article 3 General Functions, Powers, Duties and Jurisdiction; and Article 8 Environmental Quality Review.

The proposed rules are intended to reduce emissions of oxides of nitrogen and sulfur dioxide from fossil fuel-fired electric generating sources statewide through market based cap-and-trade programs.

SUMMARY OF STATEMENTS

At the public hearing held in Long Island City on April 2, 2002, the Department was represented by Michael Sheehan, P.E., an Environmental Engineer, with the Bureau of Air Quality Planning of the Department's Division of Air Resources, who provided certain remarks summarizing the purpose of the proposed new Parts 237 and 238.

At the public hearings held in Buffalo and Albany on April 4 and May 20, 2002, respectively, the Department was represented by Robert G. Sliwinski, P.E., an Environmental Engineer and Chief of the Stationary Source Planning Section of the Department's Division of Air Resources. Mr. Sliwinski provided certain remarks summarizing the purpose of the proposed new Parts 237 and 238.

Public Hearing of April 2, 2002

The hearing was attended by six members of the public. Two individuals spoke, Daniel Cunningham of Con Edison and Robert D. Teetz of Keyspan.

Public Hearing of April 4, 2002

The hearing was attended ten members of the public. Four individuals spoke, David J. Irish of Rochester Gas and Electric Corporation, Michael B. Darroch of the Jamestown Board of Public Utilities, Nancy Jones of N. R. G. Energy and Stanton H. Hudson, Jr., of the American Lung Association of Western New York.

Public Hearing of May 20, 2002

The hearing was attended by approximately fifty members of the public. Fourteen individuals spoke, identified as follows:

  • Richard Brodsky, Member of the New York State Assembly;
  • Howard Shapiro of the Energy Association of New York State;
  • Mark Glaser, Esq., of the law firm of Couch White LLP;
  • Nancy Jones of N. R. G. Energy;
  • Thomas Primero of the IBEW;
  • David Irish of Rochester Gas and Electric Corporation;
  • Michael Darroch of the Jamestown Board of Public Utilities;
  • Jim Mulligan of AES New York;
  • Christine Vanderlan of Environmental Advocates of New York;
  • Mark McLean of DYNEGY Northeast Generation;
  • Janea Scott of Environmental Defense;
  • Robert Foster of the Citizens' Campaign for the Environment;
  • Scott Lorey of the Adirondack Council; and
  • Jason K. Babbie of the New York Public Interest Research Group.

At each of the hearings, written comments from the public were also received.

DEPARTMENT'S RESPONSE TO COMMENTS

As indicated above, the notice in this matter provided for the additional submission of comments by the public until May 28, 2002. Annexed hereto as Exhibit A is the Department's Acid Rain Reduction Program Response to Comment Document which was prepared by the Bureau of Air Quality Planning of the Department's Division of Air Resources. This document includes a list of the members of the public who provided comments.

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