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Fact Sheet for Revised Draft 6 NYCRR Part 373 Permit for Eastman Kodak Company

Rochester, Monroe County, New York; EPA I.D. No. NYD980592497; DEC No: 8-2614-00205/00104

The New York State Department of Environmental Conservation (DEC), on February 20, 2004 had made the determination that the Hazardous Waste Management Facility permit application submitted by Eastman Kodak Company (Kodak) for their Kodak Park facility to the state was complete. At Kodak Park, located in both the City of Rochester and the Town of Greece in Monroe County, Kodak stores hazardous wastes in tanks/containers. In addition, sludge from the on-site wastewater treatment plant is incinerated in a multiple hearth incinerator (MHI). The USEPA issued a Resource Conservation and Recovery Act (RCRA) Part B Permit to Kodak for hazardous waste storage activities and incineration in the rotary kiln incinerator (RKI) in April 1986. Before this Permit expired in April 1996, Kodak submitted an application for permit renewal and thus, has been operating since then under this extended federal permit as per 40 CFR 270.51(a). The RKI is scheduled to cease operations in January 2007, therefore the operations of this unit are not included in the draft Part 373 Permit.

Previously, a Combined Notice of Complete Application, Public Comment Period, Availability of Draft Permit, and Public Legislative Hearing was published on February 25, 2004. A Public Information Session was held on March 29, 2004, and a Legislative Hearing was held on April 21, 2004. The public comment period extended from February 25 through June 4, 2004.

As a result of the review of the comments received from the public and the Eastman Kodak company on the previously noticed Draft Permit, as well as recent major changes in hazardous waste management at the facility, DEC has made revisions to the initial Draft Permit and has published a Combined Notice of Availability of Revised Draft Permit, Public Comment Period, Public Legislative Hearing and Issues Conference.

Some of the revisions made to the draft Permit:

• the MHI is included in this draft Permit at this time (it currently operates under federal and state consent orders), since review of its trial burn report is now complete;
• the operating conditions, as well as other pertinent information for the Rotary Kiln Incinerator, have been removed (with the exception of closure requirements) since Kodak has notified the Department that they intend to close this unit in 2007, with operations scheduled to cease by January 2007;
• the operating conditions, as well as other pertinent information for the HWMU-07 Northeast Lot container storage area have been removed (with the exception of closure requirements) since Kodak has notified the Department that they intend to close this unit in 2007, with operations scheduled to cease in early-2007;
• the operating conditions, as well as other pertinent information for the HWMU-20 tank storage area have been removed (with the exception of closure requirements) since Kodak has notified the Department that they intend to close these units soon, with storage operations having already ceased;
• HWMU-02, a tank storage area, is undergoing closure, and removed from this draft Permit;
• HWMU-08, a container storage area, has since been closed, and removed from this draft Permit;
• the corrective action requirements have also been updated to make them current.

The Fact Sheet is divided into two sections. Section I (Public Participation in the Permitting Process), describes opportunities for public involvement in the permitting process. Section II (Facility Description and draft Part 373 Permit), describes the major components of the Kodak Park facility that are included in the draft Part 373 Permit. In accordance with the requirements of 6 NYCRR 373-1.4(f), this fact sheet sets forth significant factual and legal information considered in preparing the revised draft Part 373 Permit ("Permit").

I. Public Participation in the Permitting Process

The purpose of public participation in the permitting process is to allow the DEC, other governmental agencies and interested citizens the opportunity to evaluate the ability of Kodak to comply with the applicable requirements promulgated under New York State Laws.

This section of the Fact Sheet provides information on opportunities for public participation in the permitting process and DEC's review of public comments and their role in permit decision-making.

Public Comment Period and Document Availability for Review

DEC is interested in receiving comments from the public and other governmental agencies regarding the revised draft Part 373 Hazardous Waste Management Facility Permit for the Kodak Park facility. Please note - if any person or entity has previously commented on the previous draft Permit, those comments will automatically be considered. Hence there is no need to resubmit such comments, as all comments received during this and the previous comment period will be taken into consideration and addressed via revisions to the draft Permit and/or a Responsiveness Summary. The Public Comment period extends until March 12, 2007. Public Comments can be mailed to the attention of the Contact Person identified at the end of this Fact Sheet.

The Draft Permit and Fact Sheet can be reviewed at these locations in the City of Rochester: Maplewood Public Library, 1111 Dewey Avenue, Phone: 585-428-8220, Hours: Mon 1pm-8pm; Tue & Thur 10am-8pm; Wed & Fri 1pm-6pm; Sat 12pm-3pm, and at Kodak's Neighborhood Information Center, 200 Ridge Road West, Phone: 585-722-1707, Hours: M-F 9am-4pm. In addition, the Draft Permit, supporting Permit application, MHI trial burn report and the Fact Sheet are available for review at the DEC Central Office, Division of Solid & Hazardous Materials, 625 Broadway, 9th floor, Albany, NY 12233-7251, (contact person: James J. Lansing, (518) 402-8610) and at the DEC Region 8 Office, 6274 East Avon-Lima Rd., Avon, NY 14414-9519 (contact person: Peter A. Lent, (585) 226-5390). It is recommended that an appointment be scheduled by phone to review the files in the DEC's Central and Region 8 Offices. DEC will endeavor to make the files available within 2 business days of contact, during normal business hours (8:30 AM through 4:45 PM), unless the requester wishes to inspect the files at a later date.

LEGISLATIVE PUBLIC HEARING AND ISSUES CONFERENCE:

In accordance with the provisions of 6 NYCRR parts 621 and 624, a legislative public hearing will be held before Administrative Law Judge (ALJ) Kevin J. Casutto on March 12, 2007, at 7:00 p.m. in the Holiday Inn Airport, 911 Brooks Ave, Rochester, New York to receive unsworn statements from the public about the applicant's Part 373 application and DEC's proposed Part 373 Permit. All persons, organizations, corporations, or government agencies which may be affected by the proposed project are invited to attend the hearing and to submit oral or written comments. It is not necessary to file in advance to speak at the legislative hearing. Lengthy statements should be in writing and summarized for oral presentation. Reasonable time limits may be set for each speaker to afford everyone an opportunity to be heard. Equal weight will be given to both oral and written statements. The hearing location is fully accessible to persons with a mobility impairment. Interpreter services shall be made available to deaf persons at no charge upon written request to the ALJ at least 10 days prior to the hearing, pursuant to the State Administrative Procedure Act.

A pre-adjudicatory hearing issues conference will be held on March 13, 2007, at 10:00 a.m. in the Holiday Inn Airport, 911 Brooks Ave, Rochester, New York and will continue on such additional days as necessary. At the issues conference, the ALJ will determine what issues, if any, require adjudication, and will define the scope of such issues. The purpose of the issues conference is to hear argument on whether party status should be granted to any petitioner; to narrow or resolve disputed issues of fact without resort to taking testimony; to hear argument on whether disputed issues of fact that are not resolved meet the standards for adjudicable issues set forth in 6 NYCRR 624.4(c); to determine whether legal issues exist whose resolution is not dependent on facts that are in substantial dispute and, if so, to hear argument on the merits of those issues; and to decide any pending motions. Participation at the issues conference will be limited to the Department staff, the applicant and those persons requesting party status pursuant to 6 NYCRR 624.4 and 624.5 in advance of the issues conference. THE ISSUES CONFERENCE MAY BE CANCELLED IF NO ISSUES EXIST BETWEEN THE PERMITTEE AND DEC STAFF, AND NO PETITIONS FOR PARTY STATUS ARE RECEIVED BY THE DEADLINE SET FORTH BELOW.

IT IS EXTREMELY IMPORTANT THAT ANY PERSONS REQUESTING PARTY STATUS APPEAR OR BE REPRESENTED AT THE ISSUES CONFERENCE IN ORDER THAT ALL VALID ISSUES MAY BE FULLY DISCUSSED. An adjudicatory hearing will, if necessary, be scheduled following the issues conference.

FILING FOR PARTY STATUS AND PROPOSED ISSUES:

To participate at the issues conference, prospective parties must file a written petition requesting party status including the facts intended for presentation pursuant to 6 NYCRR 624.4(c) and 624.5(b). In addition, any petition must fully identify the proposed party and the name(s) of the person(s) who will act as the party's representative(s), the party's environmental interests, the statutory considerations relevant to the project, whether the request is for full party status or amicus status, and the precise grounds for opposing or supporting the project. Mere opposition to the project is not a sufficient basis to be granted party status.

If seeking full party status, the petitioner must propose issues that could result in permit denial, major modification of the proposed project or the imposition of significant permit conditions. The petition must identify all statutory and regulatory requirements which may not be met, and explain why. If a party intends to rely upon expert testimony, the petition must also include an offer of proof that specifies the witness(es), the nature of the arguments and other documentary evidence that the party intends to present at the hearing, and the grounds upon which the assertions are based regarding the proposed issues.

For amicus status, the filing must identify the nature of the legal or policy issues to be briefed, and provide a statement explaining why the proposed amicus is in a special position with respect to those issues, as required by 6 NYCRR 624.5(b)(3).

Persons having similar interests of concern are encouraged to file as a consolidated party. A copy of DEC's permit hearing procedures is available upon request or by clicking the link under Related Links to the right.

All petitions requesting either full party status or amicus status must be received at the DEC Office of Hearings and Mediation Services by 4:00 p.m. on February 26, 2007. Electronic filings and service by fax will NOT be accepted. Such filings must be submitted to the following:

1. Kevin J. Casutto, Administrative Law Judge, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550;
2. Paul D'Amato, Esq., Regional Attorney, NYSDEC Region 8, 6274 East Avon-Lima Road, Avon, New York 14414; and
3. Scott M. Turner, Esq., Nixon Peabody LLP, Clinton Square, P.O. Box 31051, Rochester, NY 14603. (Counsel for the Applicant)

When DEC makes a final permit decision to either issue, deny or modify this Permit, notice will be given to the applicant and to each person who has submitted written comments or requested notice of the final decision. If the decision is to issue a final permit, this notice will include a summary of responses to all comments, identifying the permit conditions in the final permit which are different from those in the draft Permit and the reasons for the changes. The final permit becomes effective immediately on the date of issuance, unless a later date is specified. The duration of the permit will be five years from the effective date.

II. FACILITY DESCRIPTION AND DRAFT PART 373 PERMIT

Eastman Kodak Company's Kodak Park plant in the city of Rochester occupies approximately 1100 acres, and employs about 9500 people. There are approximately 121 major manufacturing buildings, nearly 30 miles of roads, 22 miles of fence line, two power plants, its own sewer system, water treatment facility and fire department. The facility has been in operation since the late-19th century.

Kodak Park is one of the largest photographic product manufacturing facilities in the world and one of the largest industrial complexes in the northeast United States. Many of their various manufacturing processes generate hazardous wastes.

In addition to wastes generated from these processes and soils as a result of the corrective action program, Kodak may also accept hazardous waste from off-site and out-of-state Kodak-affiliated facilities, contractors performing work for Kodak, on-site non-Kodak tenant generators and local municipalities (in the performance of a 'public service').

A. Hazardous Waste Management Facility Components at Kodak Park

Hazardous Waste Storage Subject to the Draft Permit

The permitted wastes are stored in two designated hazardous waste container storage areas (maximum total volume of 130,020 gallons), and 8 hazardous waste storage tanks (maximum total volume of 180,000 gallons). These wastes may encompass almost all waste codes in 6 NYCRR Part 371 except for dioxin-containing wastes.

Incineration of Hazardous Wastes

The sludge generated from the treatment of waste waters (process and storm waters) in their on-site waste water treatment plant is incinerated in a multiple hearth incinerator (MHI) and is subject to Part 373 standards for hazardous waste incinerators and has been included in this draft Permit.

Multiple Hearth Incinerator (MHI)

This incinerator, currently operating under federal and state consent orders, as well as a Title V Permit, is now included in the revised draft Part 373 permit. The incinerator is an eight-chambered multiple hearth unit (MHI). This unit incinerates the sludge produced by Kodak's King's Landing Waste Water Treatment Plant during treatment of waste waters from the Kodak Park site. Natural gas is used, as needed, as auxiliary fuel. The sludge is fed at a maximum rate of 16,087 lbs/hr (wet) to hearth #1, and distributed across the hearth, and also falls down to the next hearth, via rotating rabble arms. The sludge makes its way through the hearths, with the resultant ash removed from hearth #7. The flue gases proceed to the Secondary Combustion Chamber (SCC). The SCC uses natural gas as a fuel and operates at temperatures to ensure additional destruction of organic constituents. Hot off-gases from the SCC proceed to the air pollution control equipment (APCE). In November 1994, Kodak completed the installation of an upgraded APCE consisting of a quench unit, an absorber/condenser scrubber, a venturi scrubber, an entrainment separator, a wet electrostatic precipitator unit (WESP), and an induced draft fan (ID fan). The gases are then ducted through a silencer, and discharged from the stack. This stack gas stream is continuously monitored by the continuous emissions monitoring system (CEMS) for concentrations of carbon monoxide and oxygen.

The first unit in the APCE is the quench tower. The hot gases from the combustion chambers flow into the quench and are rapidly cooled by the water flow from the nozzles to adiabatic saturation temperature (about 200° F). This unit also removes some particulate matter, metals and acid gases.

The next unit is the absorber/condenser (A/C), which further removes and neutralizes acid gases in the gas stream using pH-adjusted water sprays. The unit also uses a structured packing media for increased gas-to-liquid surface area.

Following the A/C unit is the venturi scrubber (VS). Sub-micron particulates and acid gases are removed utilizing water sprays and a variable throat. The pressure drop across the unit causes impaction of contaminants with the droplets.

The gas stream then flows into the entrainment separator unit. The water droplets from the VS are separated from the gas stream by impaction on a chevron mist eliminator.

Next, the gas enters the WESP. It is a final 'polishing' device that removes sub-micron particulate matter, including metals and condensed organics not captured by earlier abatement equipment. Particles are charged, then driven electrostatically to collecting electrodes.

The cleaned gas stream flows through a silencer, and is finally discharged out the stack. This stack gas stream is continuously monitored by the CEMS for concentrations of carbon monoxide and oxygen as indicators of combustion conditions in the incinerator.

In November and December of 2001, and April 2002, this unit was tested as per the Department and USEPA approved protocols and under Department oversight. The trial burn report providing the results of this test were reviewed and approved by both NYSDEC and USEPA, and the human health and ecological risk assessment reports are also under review by both agencies as well as NYSDOH, however the reported numbers meet the emission standards in the MACT Rule for Hazardous Waste Combustors, and the estimated risk due to the operation of this unit yields an incremental cancer risk less than 1.0 × 10^-5. It must be emphasized that these reports are still undergoing critical review by the agencies. Once DEC completes its review of these reports and accepts their results, if required, they will form the basis for possible permit modifications for the MHI and will be subject to public review and comment at that time.

B. New York State and Federal Requirements for Corrective Action at Permitted Facilities

The primary objective of the Corrective Action Program is the protection of human health and the environment from all releases of hazardous waste or constituents from Solid Waste Management Units (SWMUs). A SWMU is any discernible unit at which solid or hazardous wastes have been placed at any time, irrespective of whether the unit was intended for the management of solid or hazardous wastes. Such units include any area at a facility at which hazardous waste or constituents have been routinely and systematically released [e.g., a spill area contaminated by routine and systematic discharges from production areas and units in which wastes have not been managed (e.g., product storage areas)].

The RCRA corrective action program consists of three main phases:

1. RCRA Facility Assessment (RFA) to identify SWMUs with releases or potential releases requiring further investigation.
2. A RCRA Facility Investigation (RFI) to fully characterize the extent of releases.
3. A Corrective Measures Study (CMS) to determine the need for and extent of remedial measures.

The culmination of the Corrective Action Program is selection and implementation of the selected remedy. Financial assurance for implementation of the remedy will be required of the permittee.

Current Status of Corrective Action at The Facility

Kodak has completed the RFA step for all of Kodak Park, as well as the investigation for almost all SWMUs. Over 700 SWMUs have been identified at Kodak Park. Given the size of the facility and the number of SWMUs, corrective action activities at Kodak Park were prioritized. This was accomplished through implementation of a Facility Stabilization Program that included prioritized investigations and interim corrective measures to control migration of contaminants in the subsurface. As part of the facility assessment, SWMUs were inspected and classified by NYSDEC and Kodak into three categories, based on site conditions and available sampling results. The categories are: Further Action; Sampling Visit; and No Further Action. Further action units are those where there is evidence of a release or where a release is suspected based on operational information and/or sampling results, and further action is needed. Sampling Visit units are those where there is the potential for a release to have occurred, but the available information is not currently sufficient to make a determination. No Further Action units are those that do not have a significant potential for release, based on the nature and operational record of the unit. As investigations have been completed, a number of SWMUs have been reclassified from one category to another. Currently, the SWMUs are classified as follows: No Further Action - 379 SWMUs; Sampling Visit - 26 SWMUs; and Further Action - 330 SWMUs. Most of the latter have already been investigated but remain classified as further action during remedy implementation.

The SWMUs were grouped into investigation areas to manage during subsequent stages of corrective action. Kodak currently has approximately 10 SWMUs, mainly related to the sanitary and industrial sewer systems, that still need to be investigated. Kodak has also implemented final remedies, selected by the Department following public comment, for a number of major investigation areas.

The requirements for corrective action appear in Module II of the Part 373 Permit. In addition to general requirements for corrective action, the module includes groundwater monitoring and reporting requirements; soils management procedures; industrial sewer assessment requirements; and, a compliance schedule for investigation areas where final remedies have not already been selected. The table below lists the investigation areas and current status at the time of public noticing.

Schedule Notes:

C. Permit Organization

The NYSDEC 6 NYCRR Part 373 Permit is divided into parts as outlined below:

Module I - General provisions - Covers the conditions found in 6NYCRR Subpart 373-1 and required to be included in all permits; General Facility Standards - Covers conditions found in 6 NYCRR 373-2.2, 2.3, 2.4, 2.5, 2.7, 2.8, 2.27, 2.28 (Air Emission requirements) and required to be included in all permits; Waste Reduction Requirements - Covers the requirements found in 6 NYCRR 373-2.5(c)(2)(ix); and the requirements found in 6 NYCRR 376 (Land Disposal Restriction Requirements).

Module II - Corrective Action - Covers conditions in 6 NYCRR 373-2.6(1) for addressing releases from solid waste management units at the Kodak site.

Module III - Storage in Containers - Covers the conditions required by 6 NYCRR 373-2.9 for storing hazardous wastes in containers.

Module IV - Storage in Tanks - Covers the conditions required by 6 NYCRR 373-2.10 for storing hazardous waste in tanks.

Module V - Incineration - Covers the conditions required by 6 NYCRR 373-2.15 for incineration of hazardous wastes in the MHI.

Special Conditions - Lists permit conditions not covered in other permit modules such as the provision for on-site monitor services.

D. Basis For Permit Conditions

The permit conditions are based on the requirements of 6 NYCRR Subpart 373-1 (Hazardous Waste Treatment, Storage, and Disposal Facility Permitting Requirements), Subpart 373-2 (Final Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities), Parts 370-374 (Hazardous Waste Management Facilities) and Part 376 (Land Disposal Restrictions) and other applicable regulations.

Some of the attachments to the permit were taken from the Part 373 Permit application submitted by Kodak and received by the DEC on September 15, 1995, and as modified by subsequent revisions. It is the DEC's tentative determination that these attachments are consistent with 6 NYCRR Subparts 373-1 and 373-2.

E. Legal References for this Proposal

Permitting requirements for facilities that treat, store or dispose of hazardous waste are promulgated under the New York State Environmental Conservation Law pursuant to Article 19, Title 3; Article 23, Title 23; and Article 27, Titles 7 and 9.

To submit comments or for more information, contact:

Mr. Peter A. Lent
Regional Permit Administrator
NYSDEC Region 8
6274 East Avon-Lima Rd.
Avon, New York 14414-9519
Phone: (585) 226-5390

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