Eastman Kodak Company
January 4, 2007
New York State Department of Environmental Conservation
COMBINED NOTICE OF AVAILABILITY OF REVISED DRAFT PERMIT, PUBLIC
COMMENT PERIOD, PUBLIC LEGISLATIVE HEARING AND ISSUES CONFERENCE
APPLICANT: Eastman Kodak Company
343 State St.
Rochester, NY 14650
FACILITY: Kodak Park Division
1669 Lake Ave.
Rochester, NY 14650
APPLICATION ID: 8-2614-00205/00104
PERMIT(S) APPLIED FOR: Environmental Conservation Law (ECL) Article 27, Title 9 Resource Conservation and Recovery Act
PROJECT LOCATION: City of Rochester, Monroe County
PROJECT DESCRIPTION, PERMIT APPLICATIONS AND DRAFT PERMIT:
The Region 8 staff of the NYS Department of Environmental Conservation (DEC) has made a tentative determination to issue a permit for the operation of a Hazardous Waste Management Facility, pursuant to 6 NYCRR part 373, to the Eastman Kodak Company for its Kodak Park facility, located in the City of Rochester and the Town of Greece in Monroe County. Kodak's various manufacturing processes generate hazardous wastes. In addition to hazardous wastes generated from these processes, Kodak may also accept hazardous waste from 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"). At Kodak Park, hazardous wastes are stored in tanks and containers, and wastewater sludge is incinerated on-site in a multiple hearth incinerator (MHI).
The United States Environmental Protection Agency (USEPA) issued a RCRA part B permit (EPA I.D. No: NYD980592497) to Kodak in April 1986. Before this permit expired in April 1996, Kodak submitted an application for permit renewal and has been operating since then under this extended federal permit. The DEC received and reviewed an application for a part 373 permit from Eastman Kodak Company for the above facility, which application was deemed complete on February 20, 2004. Department staff prepared a draft part 373 permit pursuant to the State hazardous waste regulations (6 NYCRR part 370 Series - for further information, please see the public notice fact sheet). The part 373 permit was initially public noticed on February 25, 2004, with a public information session on March 29, 2004, and a legislative hearing on April 21, 2004. That comment period occurred from February 25 through June 4, 2004. Written and verbal comments from the
public were collected. As a result of these comments and recent changes in facility operations, Department staff has revised the draft permit. Changes in the current revised draft permit include: conditions for the MHI have been added; the removal of two container storage areas and two tank storage areas due to the closures of those areas; the removal of the Rotary Kiln Incinerator at B-218 due to the closure of that unit; and updated corrective action requirements.
PUBLIC COMMENT PERIOD AND DOCUMENT AVAILABILITY:
Department staff requests comments from the public and other governmental agencies on the revised draft Hazardous Waste Management Facility Permit for the Kodak Park facility. Please note that if any person or entity commented on the previous draft Permit, those comments will automatically be considered. There is no need to resubmit such comments. All comments 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. Mail written comments to the contact person who is identified at the end of this Notice, postmarked by March 12, 2007.
This fact sheet is available on DEC's website at this link.
The revised draft permit and fact sheet can be reviewed at the following locations in the City of Rochester: Maplewood Public Library, 1111 Dewey Avenue (call  428-8220 for hours); and at Kodak's Neighborhood Information Center, 200 Ridge Road West ( 722-1707; Hours: Weekdays, 9:00 a.m. - 4:00 p.m.) In addition, the draft permit, permit application, MHI trial burn report and the fact sheet can be reviewed at the DEC Central Office, 625 Broadway, Albany, New York 12233-7251 (contact: James J. Lansing,  402-8609); and at the DEC Region 8, 6274 East Avon-Lima Rd., Avon, New York 14414-9519 (contact: Peter A. Lent,  226-5390). Please call to schedule an appointment to review the DEC's files. DEC staff will endeavor to make the files available within 2 business days of contact, during normal business hours (8:30 a.m. through 4:45 p.m.), 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 Avenue, Rochester, New York to receive unsworn statements from the public about the applicant's part 373 application and DEC's proposed part 373 permit. The public is 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 Avenue, 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 Department staff, applicant and those persons requesting party status pursuant to 6 NYCRR 624.4 and 624.5. 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 be scheduled, if necessary, at a later date 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 Guide to Permit Hearings can be found at this link.
All petitions requesting either full party status or amicus status must be received at the DEC Office of Hearings and Mediation Services by 3:00 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, New York 14603. (Counsel for the Applicant)
STATE ENVIRONMENTAL QUALITY REVIEW (SEQR):
As noted below, the issuance of the part 373 permit for regulation of the hazardous waste management activities at the Kodak Park Facility is considered by Department staff to be a Type II action and not subject to a review under SEQR. The draft permit does not include approval of new units or changes to existing units which would increase their design capacity. The Type II status is appropriate because the decision to approve the part 373 permit is considered to involve the permitting of activities and operations which have been previously permitted and approved and therefore should be considered similar to re-issuance or renewal of previous permit approvals where there will be no material change in permit conditions or the scope of permitted activities.
SEQR DETERMINATION: Project is not subject to SEQR because it is a Type II action.
SEQR LEAD AGENCY: None Designated
STATE HISTORIC PRESERVATION ACT (SHPA) DETERMINATION: The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management: This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
OPPORTUNITY FOR PUBLIC COMMENT: Written comments on this project must be submitted to the Contact Person, postmarked no later than March 12, 2007.
Contact: PETER A. LENT
6274 East Avon-Lima Rd.
Avon, NY 14414
APPLICABLE STATUTORY AND REGULATORY PROVISIONS: Environmental Conservation Law article 1 (General Provisions); article 3, title 3 (General Functions); article 8 (Environmental Quality Review); article 27 (Collection, Treatment and Disposal of Refuse and Other Solid Waste), title 9 (Industrial Hazardous Waste Management) and title 11 (Industrial Siting Hazardous Waste Facilities); article 70 (Uniform Procedures); 6 NYCRR part 370 Series (Chapter IV, Subchapter B, Solid Wastes) including part 373 (Hazardous Waste Management Facilities),part 617 (State Environmental Quality Review); part 621 (Uniform Procedures); part 624 (Permit Hearing Procedures).
JAMES T. McCLYMONDS
CHIEF ADMINISTRATIVE LAW JUDGE
Albany, New York
January 4, 2007