Eastman Kodak Company (September 2000)
September 22, 2000
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
COMBINED NOTICE OF PUBLIC HEARING AND
NOTICE OF AVAILABILITY OF DRAFT PERMIT
NYSDEC PROJECT NO. 8-2614-00205/01817
AIR POLLUTION CONTROL PERMIT
APPLICANT: EASTMAN KODAK COMPANY, 343 State Street, Rochester, New York 14650 [Contact: David Rice, Tel: 716-477-1300; Fax: 716-722-3695]
PROJECT: The Applicant seeks renewal and modification of its Air Pollution Control permit for Emission Point 218-1, the Building 218 Chemical Waste Incinerator (Rotary Kiln Incinerator; "RKI") located at Eastman Kodak Company's ("Kodak") Kodak Park manufacturing facility. Kodak Park is located within the City of Rochester and the Town of Greece, Monroe County, New York. THIS HEARING WAS INITIALLY THE SUBJECT OF PUBLIC NOTICE ON JULY 26, 2000 ADVERTISING A LEGISLATIVE HEARING ON AUGUST 28, 2000 AND AN ISSUES CONFERENCE ON AUGUST 29, 2000. DUE TO UNAVAILABILITY OF SOME APPLICATION MATERIALS DURING THE INITIAL PUBLIC NOTICE PERIOD, THE EARLIER HEARING PROCESS WAS VACATED DURING THE ISSUES CONFERENCE ON AUGUST 29, 2000. HOWEVER, THE TRANSCRIPT OF ORAL COMMENTS RECORDED DURING THE AUGUST 28, 2000 LEGISLATIVE HEARING SESSION AND ANY WRITTEN COMMENTS THAT HAVE BEEN FILED WILL BE INCORPORATED AS WRITTEN COMMENTS INTO THE OCTOBER 30, 2000 LEGISLATIVE HEARING RECORD ADVERTISED IN THE PRESENT NOTICE. THEREFORE, THOSE PERSONS WHO PROVIDED ORAL COMMENTS ON AUGUST 28, 2000 NEED NOT APPEAR ON OCTOBER 30, 2000. FURTHER, SINCE THE AUGUST 28, 2000 LEGISLATIVE HEARING RECORD WILL BE INCORPORATED INTO THE OCTOBER 30, 2000 LEGISLATIVE HEARING, A FIVE-MINUTE TIME LIMIT WILL BE IMPOSED UPON ALL SPEAKERS ON OCTOBER 30, 2000. ANY LENGTHIER STATEMENTS MUST BE SUBMITTED IN WRITING.
The NYS Department of Environmental Conservation ("NYSDEC") has drafted a permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law ("ECL") and made a tentative determination to approve this permit application for a modification to install upgraded air pollution control equipment ("APCE") on to Emission Point 218-1. The upgraded APCE is being installed to ensure consistent compliance with the new federal Hazardous Waste Combustor ("HWC") National Emission Standards for Hazardous Air Pollutants ("NESHAP"), 40 CFR Part 63, Subpart EEE, which became effective on September 30, 1999. HWC-NESHAP requires installation of Maximum Achievable Control Technology (the "MACT Rule"). The upgraded APCE is expected to reduce 50 to 80 % of the current emissions of particulates, metals, and dioxin/furans from the incinerator's exhaust gases. This reduction is in addition to the contaminant removal currently provided by the incinerator's existing APCE. The APCE upgrade will not change the operational design of the combustion portions of the incinerator. The installation and operation of the upgraded APCE will not result in any new contaminants being emitted into the air, nor will the changes cause any increase in the incinerator's potential to emit for any of the existing contaminants that are emitted to the air.
This permit also contains annual emission limits (caps) on emissions of Fluoride (7,875 pounds per year) and Sulfur Dioxide (61.7 tons per year) on a 12- month rolling basis. Because the emission caps on Fluorides and Sulfur Dioxide will result in the difference between their Future Potential Emissions and their Past Actual Emissions being below the Project Significance Levels for the two contaminants, a review of the emissions of these contaminants, pursuant to federal Prevention of Significant Deterioration ("PSD") regulations (40 CFR 52.21, Subpart A), will not be required for this project. Along with the modification for the upgraded APCE, the draft Air Pollution Control Permit also will serve as a renewal permit for the incinerator's current operations. As part of the renewal, NYSDEC is updating permit conditions which limit current operations in such a way as to ensure optimal destruction and removal efficiencies as demonstrated in the Building 218 incinerator's 1992 Trial Burn and to control emissions consistent with levels found to be protective of human health according to the Multipathway Risk Assessments undertaken by Kodak (September, 1997) and by the NYS Department of Health and Department of Environmental Conservation (June, 2000). The renewal permit also reflects a change to a new permitting format that has been implemented by NYSDEC for Air Pollution Control permits. The new permit format includes more specific regulatory citations and operating requirements than have appeared in permits that have been previously issued by the NYSDEC.
PERMITS: An application has been filed for the modification and renewal of an Air Pollution Control Permit, pursuant to ECL Article 19, 6 NYCRR Part 201, and 40 CFR Part 63 Subpart EEE [NYSDEC Application ID 8-2614-00205/01817] and a request has been filed for an approval of a Change under Interim Status, pursuant to ECL Article 27 and the Interim Status requirements at 6 NYCRR Part 373 (the approval of Change under Interim Status is a non-discretionary Departmental decision; because the change proposed meets the changes allowed pursuant to the regulations, the Department must grant approval. See, 6 NYCRR §373-1.3[g][iii][b]).
NOTICE OF COMPLETE APPLICATION: On July 24, 2000, the Department Staff issued a Combined Notice, which included the Notice of Complete Application for this project.
TENTATIVE DETERMINATIONS: NYSDEC Staff has determined that the proposed project meets all the criteria for the requested approvals, provided the project goes forward consistent with the terms and conditions of the September 22, 2000 draft permit that Staff has prepared. The only differences between the initial draft permit dated July 19, 2000 and the current draft permit dated September 22, 2000, are revisions to reflect agreements between NYSDEC Staff and the Applicant resulting from Staff's review of the Applicant's August 24, 2000 revised comments on the initial draft permit. Those agreements were disclosed and disseminated during the August 29, 2000 Issues Conference. The Department Staff has tentatively determined to issue the September 22, 2000 draft permit, which is available for review (See, "Document Availability", below).
SEQR STATUS: The Department is lead agency for the State Environmental Quality Review ("SEQR") of this action. On July 19, 2000, pursuant to Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR") Part 617, the implementing regulations pertaining to Article 8 of the New York State Environmental Conservation Law (State Environmental Quality Review Act), the Department Staff made a determination that the project is an unlisted action and will not have a significant effect on the environment and the Department Staff issued a Notice of Determination of Non-Significance (Negative Declaration). On September 22, 2000, NYSDEC staff issued a revised Negative Declaration. The revised Negative Declaration does not change the Department Staff's determination that this project will not result in any significant adverse environmental impact. However, Staff is interested in taking the opportunity presented by the procedural delay in the permit hearing process to further explain its reasoning and conclusions in response to public concerns that were expressed during the initial comment period and as a result of public input received at two public information meetings.
STATE HISTORIC PRESERVATION ACT: The proposed project is not subject to review in accordance with State Historic Preservation Act. The permit type is exempt.
PUBLIC HEARING: All persons, organizations, corporations or government agencies which may be affected by the proposed Project are invited to comment on the application. A legislative hearing on the application will be held to receive unsworn statements from the public at the Rochester Marriott Airport, Salon C, 1890 West Ridge Road, Rochester, New York 14615 on October 30, 2000 at 7:00 p.m. 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 on the application. As noted above, oral comments will be limited to five minutes in length. Equal weight will be given to both oral and written statements. Please note that it is not necessary to file a written request in advance to speak at the legislative hearing. Written statements regarding the application may also be filed with the Office of Hearings and Mediation Services at the address indicated below either before or during the legislative hearing. The hearing will be conducted pursuant to 6 NYCRR Part 624 (Permit Hearing Procedures [effective January 9, 1994]).
This hearing location is reasonably accessible to persons with a mobility impairment. Interpreter services shall also be made available to deaf persons, at no charge, upon written request to the Administrative Law Judge named below at least five (5) business days prior to the date of the legislative hearing, pursuant to SAPA §202(1).
ISSUES CONFERENCE: A pre-adjudicatory hearing issues conference will be held at Rochester Marriott Airport, Salon C, 1890 West Ridge Road, Rochester, New York 14615 on October 31, 2000 at 9:00 a.m. The purpose of the issues conference will be to define, narrow and resolve, if possible, the issues concerning the permit application which are raised by party status applicants as subjects for adjudication at any subsequent adjudicatory hearing sessions. 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.
FILING FOR PARTY STATUS: Party status to participate at the Issues Conference and at any subsequent adjudicatory hearing will be accorded only to those persons who can provide a clear demonstration that they have an adequate environmental interest and otherwise meet the requirements of 6 NYCRR §§624.5(b) and 624.5(d). Mere support of or opposition to the permit application is not a sufficient basis to be granted party status. All persons desiring party status must file a written request pursuant to 6 NYCRR §624.5(b) identifying the precise grounds for opposition to, or support of, the permit application. Persons seeking full party status must present an offer of proof identifying their proposed witnesses, the nature of the evidence they expect to present and the grounds upon which their assertions are made, as required by 6 NYCRR §624.5(b)(2)(ii). Persons seeking amicus status must identify the nature of the legal or policy issues they would brief and explain why they are in a special position with respect to these issues, as required by 6 NYCRR §624.5(b)(3). Persons having similar interests are encouraged to file as a consolidated party. ALL PETITIONS REQUESTING PARTY STATUS TO PARTICIPATE AT THE ADJUDICATORY HEARING MUST BE RECEIVED AT THE OFFICE OF HEARINGS AND MEDIATION SERVICES NO LATER THAN 3:00 p.m. ON OCTOBER 25, 2000. ALL SUCH FILINGS SHOULD BE SUBMITTED TO: P. NICHOLAS GARLICK, ADMINISTRATIVE LAW JUDGE, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OFFICE OF HEARINGS AND MEDIATION SERVICES ("OHMS"), ROOM 423, 50 WOLF ROAD, ALBANY, NEW YORK 12233-1550; TELEPHONE (518) 457-3468. ELECTRONIC FILINGS WILL NOT BE ACCEPTED. All Petitioners must, in the same manner and at the same time as filed with OHMS, send a copy of their complete filing to Paul D'Amato, Regional Attorney, NYSDEC Region 8, 6274 East Avon-Lima Road, Avon, New York 14414 and to Scott M. Turner, Esq., Nixon Peabody, LLP, 1300 Clinton Square, Rochester, New York 14603-1051 and Valerie G. Gardner, Esq., 215 Main Street, Penn Yan, New York 14527.
DOCUMENT AVAILABILITY: All filed permit application documents including the draft permit and the SEQR Negative Declaration are available for inspection and review at: (1) Maplewood Library Branch, Rochester Public Library, 1111 Dewey Avenue [Hours: M and W - 2:00 p.m. to 9:00 p.m.; Tu and Th - 10:00 a.m. to 9:00 p.m.;
F - 2:00 p.m. to 6:00 p.m.; Sat - 12:00 p.m. to 5:00 p.m.]; (2) Paddy Hill Branch, Town of Greece Library, 1785 Latta Road [Hours: M, Tu, W, Th - 10:00 a.m. to 9:00 p.m.; F - 10:00 a.m. to 5:00 p.m.]; and (3) Kodak Neighborhood Information Center, 200 Ridge Road West, Rochester [Hours: M to F - 8:00 a.m. to 4:00 p.m.]; (4) the New York State Department of Environmental Conservation Region 8 Office, 6274 East Avon-Lima Road, Avon, New York 14414-1073; and (5) the New York State Department of Environmental Conservation Office of Hearings and Mediation Services, at the address indicated above.
STATUTORY AND REGULATORY PROVISIONS: Environmental Conservation Law Article 1 (General Provisions);Article 3, Title 3 (General Functions); Article 8 (Environmental Quality Review); Article 19 (Air Pollution Control); Article 27 (Collection, Treatment and Disposal of Refuse and Other Solid Waste); Article 70 (Uniform Procedures); and pursuant to Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Part 373 (Hazardous Waste Management; Part 617 (State Environmental Quality Review); Part 621 (Uniform Procedures); Part 624 (Permit Hearing Procedures).
All persons having an interest in this Project are urged to attend the hearing or be represented either individually or collectively.
Chief Administrative Law Judge
Albany, New York
September 22, 2000