Region 8 SEQR and Other Notices Region 8 SPDES Renewals

ENB Region 8 Completed Applications 09/03/2003

Genesee County

Applicant: Leroy Motors Inc
7000 West Main Rd
Le Roy, NY 14482 -9304
Facility: Leroy Motors
7000 West Main Rd
Leroy, NY 14482
Application ID: 8-1836-00036/00003
Permit(s) Applied for: Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: Le Roy, Genesee County
Project Description:
The applicant proposes a new discharge of treated process water from a proposed vehicle cold water wash system and roof drains from the LeRoy Motors, Inc. facility to a tributary of Oatka Creek.  The Department has made a tentative determination to issue a SPDES permit for the proposed discharge.  As a tentative determination, the Department seeks comments on the proposed activity prior to making a final decision on permit issuance.  The file is available for review and comment at NYSDEC Region 8.
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 Structural-Archaeological Assessment Form has been completed. The proposed activity will not impact on registered, eligible or inventoried archaeological sites or historic structures.
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 Oct 3 2003.
Contact: Kimberly a Merchant
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
kamercha@gw.dec.state.ny.us

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:
The NYS Department of Environmental Conservation (Department) has drafted a permit and has made a tentative determination to approve a modification of the Eastman Kodak Company (Kodak) Kodak Park facility's Title V Facility Permit, DEC No. 8-2614-000205/1801. Kodak Park, located in the City of Rochester and the Town of Greece in Monroe County, produces photographic films, papers, and synthetic organic chemicals. It has 71 Emission Units with air contaminant emissions. The Title V Facility Permit being modified covers 68 of these Emission Units. Another Title V Facility Permit, 8-2614-00205/01827 covers the remaining three emission units.

The following describes the kinds of changes that Kodak has requested the Department incorporate into this first modification of its Title V Facility permit, known as MOD-1.

Changes to Resolve Issues Kodak has Identified in its List of Contested Permit Conditions.
Immediately following issuance of the initial Title V Facility Permit, Kodak requested an adjudicatory hearing to contest issues associated with permit content. Subsequent to the hearing request, Department staff and Kodak have met on a regular basis to resolve these issues, including missing and contested permit conditions. MOD-1 includes permit changes that reflect the resolution of approximately 125 of the items that were in dispute.

Facility Changes Under Operational Flexibility Provisions of Title V Facility Permit
The initial Title V Facility Permit included a protocol, the Operational Flexibility Plan, to allow Kodak to make changes not subject to Title V permit modification provisions. Since the initial Title V Facility Permit was issued on February 20, 2003, the Department has reviewed and approved 37 Notifications of Changes that Kodak has submitted under the protocol. MOD-1 of the Title V permit includes updated information to reflect 18 of these changes. Many of these changes involve addition or deletion of emission sources, addition of contaminants to emission sources, and increases of emissions from existing emission sources. These changes have met the following criteria for coverage under the Operational Flexibility protocol: the federal and state requirements with which the new or changed emission source must comply, already exist in the Title V permit; any new or changed emission source will not result in significant new emissions subject to New Source Review thresholds; the changes do not involve physical changes or changes in the method of operation of existing emission sources that would require a new federally enforceable cap, either to avoid major New Source Review requirements, or to address and comply with other Clean Air Act requirements; and the changes will not have a significant air quality impact.

Changes Associated with Interim State Approval Prior to Issuance of Initial Title V Facility Permit, but After the Proposed Permit Was Submitted to U. S. Environmental Protection Agency for Review.
This modification incorporates changes previously publicly noticed and approved by the Department in an Interim State Facility Permit for Emission Unit U-00024A issued in January 2003, after the Department sent the Proposed Initial Title V Facility Permit to the U. S. Environmental Protection Agency for review, but before the Initial Title V Facility Permit was issued on February 20, 2003. This previous State approval involved modifications made to the existing 305 film casting machine in Building 317 including construction and operation of two new machine sections; changes to the hourly emission rates from the 305 machineís existing emission points; and approval to operate four other emission points from the 305 machine. The emission sources in Building 317 are included in Emission Unit U-00024. However, for the purposes of submitting the application for the interim state facility approval, Kodak established a new Emission Unit U-0024A which included all emission sources, control devices, and emission units, involved with changes requested in the application. The interim State facility permit includes a federally enforceable emission cap on Volatile Organic Compounds (VOC) emissions from Emission Unit U-0024A of 66.3 tons per year (TPY) on a rolling 12 month basis. This restricts the potential VOC increase to below the 40 TPY significance threshold of both 40 CFR Part 52.21 and 6NYCRR Part 231-2. Kodak has requested that the Department incorporate new Emission Unit U-00024A back into Emission Unit U-00024 for the purpose of having its emission sources included in the Title V Facility Permit.

Changes from Review and Approval of Reasonably Available Control Technology (RACT) Evaluation Reports for Reducing Emissions of Volatile Organic Compounds (VOC)
This modified permit includes conditions for new or revised process-specific limits on emissions of VOC or Oxides of Nitrogen (NOx) from certain emission points at Kodak Park. VOC and NOx are precursors of the air contaminant ozone. These new or revised permit conditions are imposed on emission points subject to compliance with the requirements of Reasonable Available Control Technology (RACT) to control VOC or NOx emissions. RACT requirements are found in several state regulations, which are federally applicable, including, 6 NYCRR Part 212 (General Processes) and 6NYCRR Part 228 (Surface Coating Processes). Demonstration of compliance with RACT is required for emission points subject to Part 212 with an emission rate potential of VOC or NOx at rates of 3.0 pounds per hour or greater, or for emission points subject to Part 228 which use VOC based coatings that exceed a proscribed amount of VOC per gallon of solvent. Part 212 requirements consider emission points equipped with a capture and control system with a VOC removal efficiency of at least 81%, to meet RACT requirements. Part 228 indicates that emission points which vent non-compliant coatings, and are equipped with a control system with an overall VOC removal efficiency of at least 85%, meet RACT requirements. If a facility owner or operator, such as Kodak, can demonstrate to the Department that an emission point cannot achieve the required overall removal efficiency (81% or 85%), or cannot use coatings less than the proscribed VOC limit per gallon for reasons of technological or economic feasibility, the Department may accept a lesser degree of control upon submission of satisfactory evidence. These RACT demonstrations take the form of evaluation reports that establish peak hourly and annual baseline emission rates for VOC or NOx and then consider whether there are process changes, material substitutions (reformulations), or add-on control options, which are both technically and economically feasible for reducing VOC or NOx emissions. If the Department finds the RACT Evaluation Report acceptable, conditions are added to the Title V Permit to establish VOC or NOx emission limits. These limits would be equal to the baseline emission rates in the RACT reports. However, if the RACT evaluation demonstrated that some VOC or NOx reduction measures were found to be both technically and economically feasible, imposed emission limits would reflect these emission reductions and permit conditions would require implementation of reduction measures. RACT permit conditions also require record keeping of VOC or NOx emissions and a RACT re-evaluation on a regular basis, usually every five years. Process-specific RACT demonstrations, which are found to be acceptable by the Department, will be submitted to the United States Environmental Protection Agency for approval as a revision to the State Implementation Plan by the Department. A public notice and a minimum 30 day public comment period must be provided when the Department is establishing new or revised VOC or NOx emission limits associated with process-specific RACT demonstrations.

In this modification of the Kodak Park Title V Facility Permit, RACT-related permit changes involve: establishing new process-specific VOC emission limits; changing previous process-specific VOC or NOx limits as a result of RACT re-evaluation demonstrations; changing permit conditions with no changes to process-specific VOC limits as a result of RACT re-evaluation demonstrations; and deletion of process-specific VOC emission limits because emissions are below RACT thresholds or the processes have been shut down. The Department has approved the following new or revised process specific VOC RACT limits: Emission points 053K6 (Emission Unit U-00011), 11601 (EU U-00021), and 035P4 (EU U-00069) have new RACT process specific limits for VOC of 0.0405 TPY, 0.14 TPY, and 0.34 TPY, respectively. For emission points 148X1 (EU U-00048) and 325X3 (EU 00053), RACT re-evaluations have been approved that result in a decrease in previous VOC RACT limits. In the case of 148X1 the revised limit is 25 TPY compared to 37 TPY previously, and for 325X3 the revised limit is 105 TPY compared to 190 TPY previously. In a RACT re-evaluation for 12 emission points in EU U-00079, the Department has approved an increase in VOC RACT limits. The total annual VOC emissions from all 12 emission points cannot exceed 92 TPY, compared to the previous limit of 61 TPY. In EU 00071, processes P73, P74, and P82, subject to Part 228 Surface Coating RACT regulations, had annual VOC emission caps in the initial Title V Permit of 3.4, 2.7, and 5.5 TPY respectively, or 11.6 TPY total, from non-complaint coatings. EU 00071 was re-structured and P74 and P82 were deleted. A revised RACT demonstration has been approved. The VOC emission limit for the remaining process in the modified permit is 8.0 TPY, down from 11.6 TPY when three EU processes were subject to RACT. For EP21801 in Emission Unit U-00008, a NOx RACT evaluation resulted in a NOx emission limit of 73.4 TPY, a decrease from the previous cap of 86.7 TPY. (The final Title V permit inadvertently included a condition with a NOx limit of 67.0 TPY that had not been subject to public notice and comment.) While all RACT demonstrations submitted by Kodak concluded that in no cases were there found to be material substitutions (reformulations) or add-on control options which were both technically and economically feasible, there were some cases where process changes were identified which could result in reductions in VOC. Where process changes were feasible their implementation was considered a requirement for the emission point operating with RACT.


Changes to the State-Only Enforceable Portion of Permit Related to Controlling Emissions of Toxic Air Contaminants by Best Available Control Technology (BACT) as required in 6NYCRR Part 212.
In the State-Only Enforceable Conditions portion of the Title V Facility Permit, changes have been made to reflect the Departmentís review and approval of BACT Reports for evaluation of measures to reduce emissions of toxic contaminants from sources subject to 6NYCRR 212.4 regulatory requirements. Under 6NYCRR Part 212, Table 2, the degree of emissions control depends upon the environmental rating assigned to specific contaminants and the pounds per hour emission rate potential. The Department may approve a lower level of emissions control based on a BACT demonstration. These BACT demonstrations are evaluation reports that establish peak hourly and annual baseline emission rates for each contaminant triggering control requirement from an emission source subject to requirements of 6NYCRR 212.4(a), and then consider whether there are process changes, material substitutions (reformulations), or add-on control options, which are both technically and economically feasible for reducing the emissions of these contaminants. If the Department finds the BACT Evaluation Report acceptable, conditions are added to the Title V Permit, which establish emission limits for specified contaminants. These emission limits are equal to the baseline emission rates found in the BACT reports. However, if the BACT evaluation demonstrated that some emission reduction measures were found to be technically and economically feasible, then imposed emission limits would reflect these emission reductions and permit conditions would require the reduction measures. BACT permit conditions also require record keeping of emissions and a BACT re-evaluation on a regular basis, usually every five years.

DEC will evaluate the draft permit and the comments received on it to determine whether to hold a public hearing. A public hearing may be legislative or adjudicatory. A legislative public hearing is a proceeding which provides an additional opportunity for public comment. DEC's determination to hold a legislative public hearing will be based on whether a significant degree of public interest exists. If a legislative public hearing is to be held, a Notice of Hearing will be published which will include the time and place of the hearing and submitting comments. The applicant and all persons who have filed comments on the permit will be notified by mail of the public hearing. Comments and requests for a legislative public hearing should be in writing and addressed to the Department representative listed below. An adjudicatory public hearing is a trial type proceeding which provides the opportunity for adjudication on the basis of evidence, including direct testimony and cross-examination. An adjudicatory hearing is held only if substantive and significant issues relating to any findings or determinations the Department is required to make pursuant to the Environmental Conservation Law exist. A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm

After the close of the public comment period and the completion of any hearing process, the Department will prepare a proposed permit that will be sent to the United States Environmental Protection Agency (USEPA) for review. In accordance with 6NYCRR Parts 621.5(d)(9) and 201-6.4(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.

Document Availability: The Draft Title V Facility permit and Permit Review Report (PRR) are available in the Region 8 NYSDEC office in Avon, New York and on the DEC website at http://www.dec.state.ny.us/website/dardata/boss/afs/draft_atv_h.html . The Draft Modified Title V Facility Permit document, which is available for review, is called the Changes-Only version. The Changes-Only version contains only those permit conditions that are new, have been revised, or have been deleted (expired), when compared to the previous Title V Facility Permit. The Changes-Only version of the Draft Modified Title V Facility Permit does not include permit conditions which have not been changed and that therefore remain the same as they were in the initial Title V Facility Permit, issued February 20, 2003. The Permit Review Report (PRR) provide a summary of additional details of Emission Unit descriptions, facility emissions, Federal and State Regulations applicable to the facility, a list of Federal Regulations which are not applicable to the facility, and a list of required monitoring activities Kodak will need to perform to certify compliance with applicable Federal and State Regulations. Persons wishing to inspect the subject Title V file, including all relevant supporting materials, the draft permit, and all other materials available to the Department (the "permitting authority") relevant to this permitting decision should contact the Department representative below. It is recommended that an appointment be made to confirm the availability of the subject files. The Department 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.
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 Oct 6 2003.
Contact: Peter a Lent
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
palent@gw.dec.state.ny.us

Region 8 SEQR and Other Notices Region 8 SPDES Renewals