Region 8 SEQR and Other Notices Region 8 SPDES Renewals

ENB Region 8 Completed Applications 06/26/2002

Monroe County
Applicant: Eastman Kodak Co
343 State Street
Rochester, NY 14650-
Facility: Kodak Park Division
1669 Lake Ave
Rochester, NY 14650-
Application ID: 8-2614-00205/01801
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Rochester, Monroe County
Project Description:
THIS IS A COMBINED NOTICE OF COMPLETE APPLICATIONS AND LEGISLATIVE PUBLIC HEARING    

PERMIT APPLICATIONS: The Eastman Kodak Company (Kodak) submitted Phase 1 of its application for a Title V Facility Permit for the Kodak Park facility on December 9, 1997, pursuant to New York State Environmental Conservation Law (ECL) Article 19 (Air Pollution Control) and 6 NYCRR Part 201 and Title V of the Federal Clean Air Act Amendments. Kodak submitted Phase II of the application for a Title V permit (DEC Application/Permit No. 8-2614-00205/01801) for the Kodak Park facility on December 9, 1998. On December 5, 2001, an application ( DEC Application/Permit No. 8-2614-00205/01827) for a Title V permit was submitted for Kodak by Trigen Cinergy Solutions of Rochester (TCSoR) for three emission units (U00015, U00035, and U00051) associated with Kodak Park’s steam and electricity generating facilities.
        
PROJECT DESCRIPTION: The NYS Department of Environmental Conservation (DEC) has drafted two permits pursuant to New York State Environmental Conservation Law (ECL) Article 19 (Air Pollution Control), 6 NYCRR Part 201, and Title V of the Federal Clean Air Act Amendments and has made a tentative determination to approve these permits for the existing Kodak Park facility located within the City of Rochester and the Town of Greece, Monroe County, New York.  

The Kodak Park facility is a  large, integrated manufacturing plant that produces photographic films, papers, and synthetic organic chemicals. There are 71 Emission Units with air contaminant emissions at the Kodak Park facility. The draft Title V Facility Permit 8-2614-00205/01801 covers 68 process-related Emission Units. The other draft Title V Facility Permit 8-2614-00205/01827, which also has a description in this edition of the ENB, covers the remaining three emission units which include the combustion installation units (boilers) used for the generation of steam and electricity to support manufacturing activities within Kodak Park.

Emissions of the following air contaminants from the Kodak Park facility exceed the major stationary source threshold levels for Title V, as well as for Prevention of Significant Deterioration (PSD - 40CFR 52), which is the federal new source review regulation for major stationary sources that are in areas in attainment of National Ambient Air Quality Standards (NAAQS): Particulate Matter (PM), Particulate Matter less than10 microns (PM-10),  Carbon Monoxide (CO), Oxides of Nitrogen (NOx), and Sulfur  Dioxide (SO2). The emissions of Volatile Organic Compounds (VOC), total Hazardous Air Pollutants (HAP), and individual HAP from the Kodak Park facility also exceed the Title V facility threshold for a major stationary source.

For the most part, the draft Title V Facility Permits contain regulatory requirements and permit conditions that pertain to the existing and ongoing operations at the Kodak Park facility.  For these existing operations, Kodak has previously received DEC authorizations to construct and operate the emission units, emission points, processes, and emission sources that are included within the draft Title V Facility Permits. The following describes a few facility changes that Kodak has recently requested DEC incorporate into the draft Title V Facility permits.

FACILITY CHANGES INCORPORATED INTO DRAFT TITLE V PERMITS:
    
A.    ESTABLISH EMISSION LIMITS FOR TWO EMISSION POINTS EP 101-1 AND EP 304A8 TO COMPLY WITH REASONABLE AVAILABLE CONTROL TECHNOLOGY (  RACT  ) REQUIREMENTS FOUND IN 6 NYCRR PART 212 [GENERAL PROCESS EMISSION SOURCES]:

Kodak has made a request to modify emission limits for two emission points which were previously approved by DEC for compliance with the Reasonable Available Control Technology (  RACT  ) requirements found in 6 NYCRR Part 212 [General Process Emission Sources]. In support of  these modification requests, Kodak has submitted RACT evaluation reports for each emission point. One  report re-evaluates RACT for NOx  emissions from Emission Point (EP) 101-1, which is in Emission Unit U00063 and vents air contaminants from the Rochester Silver Flow operations.  The re-evaluation of RACT for EP 101-1 became necessary when recent stack testing of the Roaster, one of the emission sources vented to EP 101-1, indicated that baseline NOx emissions from EP 101-1 are 25.5 tons per year (TPY). The previously estimated  baseline NOx emissions and currently approved alternate emission limit for compliance with Part 212 RACT requirements for EP 101-1 is 9.7 TPY. The other RACT evaluation report re-evaluates RACT for VOC emissions from EP 304A8,  which is in Emission Unit U00077 and vents air contaminants from a product pelletization process. An alternate emission limit of 21 TPY of VOC for EP 304A8 was previously approved by DEC on January 21, 1997 for compliance with Part 212 RACT. Permit conditions require this RACT evaluation to be reviewed every 5 years.  Based on the current operations and the recent re-evaluation for EP 304A8, a lower VOC emission rate of 9.03 TPY is proposed.

Kodak’s  RACT Evaluation report concluded that EP 101-1 currently has RACT for NOx emissions since add-on controls, alternative fuels, and additional combustion modifications could not be identified which were both technically feasible and cost effective.  For EP 304A8, Kodak’s RACT Evaluation Report concluded that EP 304A8 currently has RACT for VOC emissions since add-on controls, process changes or material substitutions could not be identified, which were both technically feasible and cost effective. Based on the review of the RACT Evaluation reports, DEC has made a tentative decision to approve the alternate emission limits of 25.5 TPY of NOx for EP 101-1 and 9.03 TPY of VOC for EP 304A8. The draft Title V Facility Permit (8-2614-00205/01801) contains these emission limits and also requires a review of the  RACT Determination every five years.  Kodak will need  to maintain emission records on a rolling 12-month basis to verify compliance. The alternate emission limits for RACT compliance, will subsequently be processed through a federal review process as a revision of the State Implementation Plan.
  1. EMISSION UNIT U00081 - RESTRICT PARTICULATE MATTER AND PM-10 EMISSIONS TO BELOW APPLICABILITY THRESHOLDS OF PREVENTION OF SIGNIFICANT DETERIORATION (PSD) :

Kodak has recently submitted a request for interim approval under a State Facility Permit to operate a paperboard scrap collection system associated with paperboard cutting operations located in Building 318.  The emissions from the paperboard scrap collection system are vented through Emission Point 318B9, which is included in Emission Unit U00081.  Based on vendor information, 99.9% of the particulate emissions from the paperboard scrap collection system will be collected by an installed baghouse.

Based on Kodak’s review, the addition of this emission source meets the definition of a modification pursuant to PSD regulations, but the maximum potential emissions from the project are expected to be below the significance levels for a major  PSD modification. However, since the potential emission rate of particulate has not been verified, Kodak has proposed to cap emissions and permit conditions have been included in the draft permit to limit Particulate Matter and PM10 emissions to below the 25 TPY and 15  TPY PSD significance thresholds, respectively, and also require a stack test to establish the emission rate potential (ERP) of Particulate Matter and PM10 emissions.  In addition, a monitoring condition has been included to ensure optimal controls are provided by the baghouse.

DEC is providing a separate Public Notice and public comment period associated with the processing of the interim approval under State Facility Permit for this modification of Emission Unit U00081.  DEC intends to issue the interim State Facility Permit approval, unless significant or substantive issues are identified within the public comment period for the interim State Facility permit application.  The proposed permit conditions associated with this project have been incorporated into the draft Title V Facility Permit. The final permit conditions that are subsequently adopted within the interim State Facility Permit approval will be incorporated into the Proposed Title V Facility permit that is to be sent to the U.S. Environmental Protection Agency (USEPA).
  1. ESTABLISH EMISSION LIMITS ON CONTAMINANTS AT FOUR EMISSION POINTS FOR COMPLIANCE WITH BEST AVAILABLE CONTROL TECHNOLOGY (BACT), PURSUANT TO 6NYCRR 212.4(a)

Other permitting modifications that have been incorporated within the draft Title V facility permit involve four emission points whose emission rates of specific contaminants exceed the threshold for applicability for a DEC determination of Best Available Control Technology (BACT), pursuant to 6NYCRR 212.4(a). DEC reviewed BACT evaluation reports submitted by Kodak and has made the determination to limit emissions of specific contaminants emitted from the four emission points. The following lists the Emission Points (EP) with their emission units, along with the emission limits for each contaminant: EP 17-01 (U00061) - emissions of methylene chloride limited to 20 lbs per year; EP 29-N5 (U00003) - emissions of acetone limited to 0.15 TPY; EP 29-U6 (U00004) - emissions of acetone limited to 0.375 TPY, emissions of formaldehyde limited to 0.00051 TPY, emissions of methylene chloride limited to 1.156 TPY; and EP 38-18 (U00047) - emissions of  acetone limited to 0.263 TPY.

PROCEDURES FOR INCORPORATING FUTURE DEC INTERIM STATE FACILITY PERMIT APPROVALS INTO THE TITLE V FACILITY PERMITS

Before a final decision is made to issue the draft Title V Facility Permits for Kodak Park, it is anticipated that Kodak will have need to seek DEC approval for other changes to be made at the Kodak Park facility. Until Title V Facility Permits have been issued for the Kodak Park facility,  DEC will be treating Kodak’s approval requests as applications for interim State Facility Permit approvals.  Where the interim State Permit approval requests are for activities that are considered major projects under DEC’s permit application review procedures (6NYCRR Part 621, Uniform Procedure regulations ), DEC  will require a public notice of complete application and a public comment period on the application and draft permit conditions. DEC intends to issue the interim State Facility Permit approval with proposed permit conditions, unless significant or substantive issues are identified within the public comment period. For those interim State Facility Permit approvals that are issued by DEC between the date of this public notice of the draft Title V Facility Permits for Kodak Park but before the proposed Title V Facility Permits are submitted to United States Environmental Protection Agency (USEPA), DEC plans to incorporate the permit conditions associated with the interim approvals within the proposed Title V Facility Permits and note these changes to the draft permits within the Responsiveness Summary document that will accompany the proposed Title V permits when they are sent to USEPA. DEC intends to incorporate all  Interim State Facility Permit approvals  granted to Kodak subsequent to the submission of the proposed Title V permits to USEPA, by modification of the Kodak Park Title V Facility Permits after they have been issued.

SUBSEQUENT REVIEW OF PUBLIC COMMENTS AND PROPOSED TITLE V FACILITY PERMIT BY DEC AND USEPA: DEC staff has determined that conducting a legislative hearing to afford the public the opportunity to make comments about the applications is appropriate.  The hearing is being held pursuant to 6 NYCRR Part 621.7, which authorizes DEC to hold a legislative hearing where DEC staff determines a significant degree of public interest exists in an application.  Details concerning the legislative hearing appear below.  Following receipt of all public comments, including those made at the legislative hearing, DEC staff will review the comments, make any necessary changes to the draft permits based upon meritorious comments received, and evaluate whether any issues have been raised which are sufficient to warrant further DEC hearings to resolve them.

After the public comment period and hearing are concluded, DEC staff will prepare a responsiveness summary and forward the summary and proposed permits to the USEPA. The USEPA will have an additional 45 day period for review. In accordance with 6 NYCRR Part 621.5(d)(9) and 2016.4(c), the Administrator of the USEPA has the authority to bar issuance of any Title V Facility  Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6NYCRR Part 201.  If USEPA does not raise any objection, the DEC will issue the permits.

PUBLIC LEGISLATIVE HEARING AND OPPORTUNITY FOR PUBLIC COMMENT:

A legislative public hearing for the receipt of public comments on applications and the draft Title V permits 8-2614-00205/01801 and 8-2614-205/01827 will be held on Thursday, September 12, 2002, at the Holiday Inn at 911 Brooks Avenue, off Exit 18 on Interstate 390, Monroe County. There will be two sessions: an afternoon session from 2:00 PM - 4:00 PM and an evening session beginning at 6:30 PM.

All persons, organizations, corporations or government agencies which may be affected by the proposed permits are invited to attend the hearing and to submit oral or written comments on the permits. Equal weight will be given to both oral and written statements. Written statements may be filed with the Contact Person below. Staff will determine if the comments raise matters for further consideration. The public comment period closes on Tuesday, September 17, 2002, and all comments not made at the public hearing must be delivered or postmarked on or before that date.

The hearing location is reasonably accessible to persons with a mobility impairment. Interpreter services will be made available to deaf persons, at no charge, upon written request to the Contact Person listed below, at least ten (10) business days prior to the date of the hearing.

DOCUMENT AVAILABILITY: The applications and Draft Title V Facility  permits are available in the Region 8 NYSDEC office in Avon, New York. Persons wishing to inspect the subject Title V files, including the applications with all relevant supporting materials, the draft permits, and all other materials available to the DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative below.  It is recommended that an appointment be made to confirm the availability of the subject  files.  The 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.

Also  Permit Review Reports (PRR) and the draft Permits are available for review on the DEC website at http://www.dec.state.ny.us/website/dardata/boss/afs/draft_atv.html. The Permit Review Reports (PRR) provide a summary of additional details on Emission Unit descriptions, facility emissions,  Federal and State Regulations applicable to the facility, list of Federal Regulations which are not applicable to the facility, and a list of the required monitoring activities that Kodak will need to perform to certify compliance with applicable requirements under Federal and State Regulations.
State Environmental Quality Review (SEQR) Determination: Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.
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: Comments on this project must be submitted in writing to the Contact Person no later than Sep 17 2002.
Contact: Peter A Lent
NYSDEC Region 8 Headquarters
6274 East Avon-Lima Rd
Avon, NY 14414
(716)226-2466
palent@gw.dec.state.ny.us

Applicant: Eastman Kodak Co
343 State Street
Rochester, NY 14650-
Facility: Kodak Park Division
1669 Lake Ave
Rochester, NY 14650-
Application ID: 8-2614-00205/01815
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Rochester, Monroe County
Project Description:
The Department has received an application and prepared a draft Air Pollution Control Permit for a project to modify Emission Unit (EU) U00081 at Eastman Kodak Company’s Kodak Park Facility located within the City of Rochester and the Town of Greece in Monroe County. EU U00081 includes general process emission sources in Building 318. Kodak has requested approval to operate a paperboard scrap collection system associated with paperboard cutting operations located in Building 318.  The emissions from the paperboard scrap collection system will be vented through Emission Point 318B9.  Based on vendor information, 99.9% of the particulate emissions from the paperboard scrap collection system will be collected by an installed baghouse. Based on Kodak’s review, the addition of this emission source meets the definition of a modification pursuant to Prevention of Significant Deterioration (PSD) regulations (40 CFR 52.21 federal New Source Review regulations for Attainment Areas), but the maximum potential emissions from the project are expected to be below the significance levels for a major  PSD modification. However, since the potential emission rate of particulate has not been verified, Kodak has proposed to cap emissions and permit conditions have been included in the draft permit to limit Particulate Matter and PM10 emissions to below the 25 tons per year (TPY)  and 15  TPY PSD significance thresholds, respectively, and also to require a stack test to establish the emission rate potential (ERP) of Particulate Matter and PM10 emissions.  In addition, a monitoring condition has been included to ensure optimal controls are provided by the baghouse. The application and draft permit are available for review at the Region 8 Office of the New York State Department of Environmental Conservation.

State Environmental Quality Review (SEQR) Determination: Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.
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: Comments on this project must be submitted in writing to the Contact Person no later than Jul 29 2002.
Contact: Peter A Lent
NYSDEC Region 8 Headquarters
6274 East Avon-Lima Rd
Avon, NY 14414
(716)226-2466
palent@gw.dec.state.ny.us

Applicant: Eastman Kodak Co
343 State Street
Rochester, NY 14650-
Facility: Kodak Park Division
1669 Lake Ave
Rochester, NY 14650-
Application ID: 8-2614-00205/01827
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Rochester, Monroe County
Project Description:
THIS IS A COMBINED NOTICE OF COMPLETE APPLICATION AND LEGISLATIVE PUBLIC HEARING

The NYS Department of Environmental Conservation (DEC) has drafted a permit pursuant to New York State Environmental Conservation Law (ECL) Article 19 (Air Pollution Control), 6 NYCRR Part 201, and Title V of the Federal Clean Air Act Amendments. This draft Title V Facility Permit covers three emission units (U00015, U00035, U00051) at Eastman Kodak Co.'s (Kodak) Kodak Park facility. The Kodak Park facility is a  large, integrated manufacturing plant that produces photographic films, papers, and synthetic organic chemicals. The three units are found in Buildings 31 and 321 and  include the combustion installation units (boilers) used for the generation of steam and electricity to support manufacturing activities within the Kodak Park facility. Kodak and Trigen Cinergy Solutions of Rochester (TCSoR) have signed an agreement in which TCSoR has contractually agreed to operate and ensure compliance of  the air emission sources at Buildings 31 and 321 of Kodak Park. The Kodak Park facility is currently composed of 71 emission units and the remaining 68 of these are included in another draft Title V facility permit (DEC No.8-2614-00205/01801) . For additional information on availability of documents, submitting public comments, and the date for a legislative public hearing, please refer to the Notice of Complete Application and Public Legislative Hearing for application 8-2614-00205-01801 for the Kodak Park facility, which is also in this edition of the ENB.

State Environmental Quality Review (SEQR) Determination: Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.
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: Comments on this project must be submitted in writing to the Contact Person no later than Sep 17 2002.
Contact: Peter A Lent
NYSDEC Region 8 Headquarters
6274 East Avon-Lima Rd
Avon, NY 14414
(716)226-2466
palent@gw.dec.state.ny.us

Applicant: James Straight
11 Clifton Rd
Churchville, NY 14428-
Facility: Straight Property
11 Clifton Rd
Churchville, NY 14428-
Application ID: 8-2622-00132/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Private/Commercial/Institutional SPDES
Project is Located: Chili, Monroe County
Project Description:
The Department has made a tentative determination to approve this application for a new permit for a proposed discharge of up to 500 gallons per day of treated sanitary wastewater into Mill Creek, a class C stream, from a Jet aerobic treatment unit, followed by a leach line (to maximize soil infiltration), at the applicant's residence located at11 Clifton Road in the Town of Chili.  The applicant plans to install the new system to replace a failing septic system. The draft permit and application are available for review and comment at the Region 8 office.
State Environmental Quality Review (SEQR) Determination: Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.
SEQR Lead Agency: None Designated
State Historic Preservation Act (SHPA) Determination: Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.
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: Comments on this project must be submitted in writing to the Contact Person no later than Jul 26 2002.
Contact: Kimberly A Merchant
NYSDEC Region 8 Headquarters
6274 East Avon-Lima Rd
Avon, NY 14414
(716)226-2466
kamercha@gw.dec.state.ny.us

Seneca County
Applicant: Seneca Falls - T
10 Fall St
Seneca Falls, NY 13148-1430
Facility: Seneca Falls Community Center
Water Street
Seneca Falls, NY 13148-
Application ID: 8-4532-00127/00001
Permit(s) Applied for: Article 15 Title 5 Excavation & Fill in Navigable Waters
Project is Located: Seneca Falls, Seneca County
Project Description:
The Town of Seneca Falls proposes to renovate the Seneca Falls Community Center, located at 10  Water St. on the Seneca River, in the Village of Seneca Falls.  The work will include installing 120 lineal feet of stone rip rap, a canoe launch site, and recapping 85 lineal feet of old, stone retaining wall.  The project has been reviewed by the NYS Office of  Parks, Recreation and Historical Preservation and the applicant has designed the project to ensure that the historical nature of the existing canal structure will be preserved.
State Environmental Quality Review (SEQR) Determination: Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.
SEQR Lead Agency: None Designated
State Historic Preservation Act (SHPA) Determination: A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have an impact on registered or eligible archaeological sites or historic structures. The department must consult further with OPRHP before making a final decision regarding the issuance of the permit.
Coastal Management: This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment: Comments on this project must be submitted in writing to the Contact Person no later than Jul 12 2002.
Contact: Christine Setari
NYSDEC Region 8 Headquarters
6274 East Avon-Lima Rd
Avon, NY 14414
(716)226-2466
casetari@gw.dec.state.ny.us

Region 8 SEQR and Other Notices Region 8 SPDES Renewals