Part 227 (6 NYCRR) - Hearing Report, August 22, 2003
Hearing Report, August 22, 2003
STATE OF NEW YORK
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
625 Broadway
Albany, New York 12233-1550
In the Matter
- of the -
PROPOSED AMENDMENTS TO TITLE 6 OF THE NEW YORK
COMPILATION OF CODES, RULES AND REGULATIONS
PART 227 - STATIONARY COMBUSTION INSTALLATIONS,
SUBPART 227-2, REASONABLY AVAILABLE CONTROL
TECHNOLOGY FOR OXIDES OF NITROGEN; and PART 201,
PERMITS AND REGISTRATIONS, SUBPART 201-3 -
EXEMPTIONS AND TRIVIAL ACTIVITIES
HEARING REPORT
-by-
______________/s/_______________
Helene G. Goldberger
Administrative Law Judge
August 22, 2003
Proceedings
Background
The New York State Department of Environmental Conservation (DEC or Department) is proposing to amend Part 227 of Title 6 of the New York Compilation of Codes, Rules and Regulations (6 NYCRR), Stationary Combustion Installations, Subpart 227-2, reasonably available control technology (RACT) for oxides of nitrogen (NOx); and Part 201, Permits and Registrations, Subpart 201-3, Exemptions and Trivial Activities. These proposed amendments are the most recent efforts undertaken by New York State, in concert with the United States Environmental Protection Agency (EPA) and the Ozone Transport Commission (OTC) states to control emissions of NOx - a precursor to the formation of ground-level ozone. These amendments address shortfalls in emission reductions of NOx which will enable New York State to meet the national ambient air quality standard for ozone by 2007.
The proposed Subpart 227-2 amendments include requirements from OTC's model rule for stationary internal combustion engines, an expansion of the exempt stationary internal combustion engines category, and a choice of monitoring methods for sources that use continuous emissions monitoring (CEM). The most significant revisions to the regulations address the emission rate limitations for stationary internal combustion engines. The effective dates of the proposed requirements in Subpart 227-2 are July 1, 2004 for the submission of compliance plans and April 1, 2005 for final compliance.
The proposed changes to 6 NYCRR Subpart 201-3 reflect the exempt source language revisions proposed in Subpart 227-2.
Hearing Notice
Notice of these hearings was published in the July 16, 2003 editions of the New York Post, Newsday, Albany Times Union, and Buffalo News as well as the on-line edition of the Environmental Notice Bulletin for that same date.
Hearings
Hearings took place as follows:
August 19, 2003 - 1:00 p.m.
NYSDEC Annex, Region 2
11-15 47th Avenue
Long Island City, NY 11101
August 21, 2003 - 1:00 p.m.
Mahoney State Office Building
65 Court Street
Buffalo, NY 14203
August 22, 2003 - 1:00 p.m.
NYSDEC Central Office
625 Broadway
Albany, NY 12233
DEC Administrative Law Judge Helene G. Goldberger presided over the three hearings.
At the New York City location, four people attended in addition to DEC Air Division staff member Michael Jennings. After Mr. Jennings provided a description of the proposed amendments, those in attendance inquired as to whether questions could be asked. Because no one wished to make a statement, ALJ Goldberger turned the meeting over to Mr. Jennings who answered the questions of the representatives of Con Edison and the Village of Rockville Centre. At approximately, 1:30 p.m., the hearing was adjourned.
In Buffalo and Albany, no members of the public appeared to provide statements and the ALJ adjourned the hearing sessions at 1:30.
