ENB Region 8 Completed Applications 02/25/2004

Neal and Leslie Thomas propose undertake a wetland enhancement project under the National Resources Conservations Service Wetland Reserve Program Permanent Easement on property they own.  Work involves construction of a series of potholes and level ditches on both sides of S. McMillan Creek.  Work involves NYS Freshwater Wetland CO-2(II).  Approx. 4.0 acres will be excavated and soil will be used to create low mounds.  Project is 3100 ft. north of May Rd. and 900 ft. east of NYS Rt. 15 in the Town of Conesus.  

Mr. Babbitt proposes to  undertake a wetland enhancement project under the National Resources Conservations Service Wetland Reserve Program Permanent Easement on property he owns in the Town of Conesus.  Work involves construction of a series of potholes and level ditches on both sides of S. McMillan Creek within NYS Freshwater Wetland CO-2(II).  The easement covers approximately 28.5 acres and involve approximately  6 acres of disturbance with the excavated soil being used to create low mounds.  Project is 1500 ft. north of May Rd. and 800 ft. east of NYS Rt. 15 in the Town of Conesus.  

Mr. Wersinger proposes to undertake a wetland enhancement project under the National Resources Conservations Service Wetland Reserve Program Permanent Easement on his property in the Town of Conesus.  The easement covers 19 acres.  Work involves construction of a series of potholes and level ditches on both sides of S. McMillan Creek within NYS Freshwater Wetland CO-2(II).  Approx. 4.0 acres will be excavated and soil will be used to create low mounds.  Project is 4000 ft. north of May Rd. and 700 ft. east of NYS Rt. 15 in the Town of Conesus.  

The NYS Department of Environmental Conservation (DEC) has deemed this application complete and has made a tentative determination to issue a permit for the operation of a Hazardous Waste Management Facility, pursuant to 6NYCRR 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 Park is the largest photographic product manufacturing facility in the world and the largest industrial complex in the northeast United States.  A wide variety of photographic films, papers, chemicals & equipment, and synthetic organic chemicals, are produced there. These various manufacturing processes generate hazardous wastes. At Kodak Park, hazardous wastes are stored in tanks and containers and are also incinerated on-site in a rotary kiln incinerator (RKI) and a multiple hearth incinerator (MHI).

The USEPA issued a Resource Conservation & Recovery Act (RCRA) Part B permit (EPA I.D. No: NYD980592497) to Kodak in April 1986 for a term of ten years.  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 has received and reviewed an application for a Part 373 Permit from Eastman Kodak Company  for the above facility. DEC has prepared a draft Part 373 Permit pursuant to the hazardous waste regulations including: 6 NYCRR Part 370 (Hazardous Waste Management System General), Part 371 (Identification and Listing of Hazardous Waste), Part 372 (Hazardous Waste Manifest System and Related standards for Generators, Transporters and Facilities), 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), Subpart Part 374-1 (Standards for the Management of Specific Hazardous Waste and Specific Types of Hazardous Waste Management Facilities),  as well as Part 376 (Land Disposal Restrictions). This draft permit does not include conditions for the Multiple Hearth Incinerator (MHI) operation since the review of its trial burn and health risk assessment report has not been completed   Once it is completed, this permit will be modified to include the MHI operation that is currently operated under federal and state consent orders.  

This section of the Combined Notice 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 draft Part 373 Hazardous Waste Management Facility Permit and permit application for the Kodak Park facility. The Public Comment period will begin on February 25, 2004 and extend until May 3, 2004.  Public Comments can be mailed to the attention of the Contact Person that is identified at the end of this Combined Notice.

In addition to the Draft Permit, DEC has prepared a Fact Sheet which includes a more detailed description of the hazardous waste management activities at Kodak Park and also includes descriptions of measures included in the Corrective Action Program for Kodak Park for the investigation and remediation of releases of hazardous waste or constituents to the environment from solid waste management units. A copy of this Fact Sheet is available on DEC’s website at //http:www.dec.state.ny.us/website/dshm/hzwstman/kodakpfs.htm.  Copies of the Draft Permit and Fact Sheet are available to be reviewed at these locations in the City of Rochester:  Maplewood Public Library, located at 1111 Dewey Avenue, Phone: 585- 428-8220, Hours: M & W 1pm-8pm; T & Th 10am-8pm; F 1pm-6pm; S 12pm-5pm, and at Kodak’s Neighborhood Information Center, located at 200 Ridge Road West, Phone: 585-722-1707, Hours: M-F 9am-5pm. In addition, copies of the Draft Permit, the supporting Permit application, Building 218 incinerator trial burn & health risk assessment reports and the Fact Sheet are available for review at the DEC Central Office, Division of Solid & Hazardous Materials, 625 Broadway, 8^th floor, Albany, NY 12233-7251, (contact person: James J. Lansing, (518) 402-8609); 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.

To familiarize the public with Kodak’s facility and the draft Permit, DEC has scheduled a Public Informational Session for March 29, 2004 from 7:00 pm to 9:00 pm in the Kate Gleason Auditorium of the Central Library of Rochester and Monroe County , located at 115 South Avenue in the City of Rochester. DEC staff will be available to answer any questions from the public on Kodak’s operations and the proposed draft permit conditions.

Due to the anticipated significant public interest, a legislative public hearing has been scheduled for April 21, 2004 from 7:00 PM at the Holiday Inn Airport, 911 Brooks Avenue Rochester NY to receive unsworn statements from the public about the applicant’s Part 373 application and DEC’s proposed Part 373 permit.  No pre-filing is required to speak at the hearing.  People may present written and/or oral statements at this hearing. All comments received during the public comment period will be reviewed and considered by DEC, whether they are mailed to the DEC contact person, or, presented orally or in writing at the legislative public hearing. This hearing location is reasonably accessible to persons with a mobility impairment.  Interpreter services are available to deaf persons, at no charge.  Request for interpreter services must be received by the Contact Person at least 5 business days before the hearing.

In finalizing the permit, the DEC will review all comments received during the public comment period and the requirements of the hazardous waste regulations including 6 NYCRR Parts 370-372, , Subpart 373-1, Subpart 373-2, Subpart 374-1, as well as Part 376.

After this review, DEC may determine to hold an Adjudicatory Public Hearing, if substantiative and significant issues are raised, either, relating to any findings or determinations DEC is required to make pursuant to the Environmental Conservation Law ,or, relating to comments  received from members of the public or other interested parties, where the resolution of the issues may result in denial of the permit, or the imposition of significant conditions. An adjudicatory public hearing is a trial type proceeding which provides the opportunity for adjudication on the basis of evidence, including direct testimony and . 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.  .

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 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 date of issuance.

Kodak Park occupies approximately 1300 acres, and employs about 19,000 people. There are approximately 160 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. Hazardous wastes generated by the manufacturing processes at Kodak Park are stored in tanks/containers and incinerated in an on-site incinerator. In addition to wastes generated from these processes, Kodak may also manage 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’) and soils as a result of the corrective action program. These additional wastes may account for no more than 10% by weight of the total amount of waste that is incinerated at Building 218.

The above wastes are stored in four (4) designated hazardous waste container storage areas, with a total design capacity of 154,110 gallons, and in fourteen (14) designated hazardous waste storage tanks, with a total design capacity of 330,000 gallons,  subject to a Part 373 permit.    

Incineration of Hazardous Wastes:

Much of the waste is treated on-site by incineration in the rotary kiln incinerator (RKI) in Building 218.  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).  Both of these incinerators are subject to Part 373 permit requirements for hazardous waste incinerators.

The RKI, Kodak’s chemical waste incinerator (installed in 1976),  is a cylindrical rotary kiln with a secondary combustion chamber (SCC). The RKI  was upgraded with state-of-the-art air pollution control equipment (APCE) in 2001. Liquid waste and containerized solids, are incinerated in the combustion chambers.  The RKI and SCC will be permitted to incinerate a maximum of 12,120 lbs/hr of liquid wastes and 40 drums of solid wastes/hr.  The function of the SCC is to provide additional retention time, and is typically operated at a higher temperature to ensure complete combustion of the rotary kiln gases.  The hot offgas from the incineration process (about 1900^o F) is then hotducted to the air pollution control equipment (APCE), consisting of a quench unit, two absorber/condenser scrubbers, a venturi scrubber, an entrainment separator, four wet electrostatic precipitator units (WESPs), and an induced draft fan (ID fan).  The gases are then ducted through a silencer, and discharged from the 198 feet stack.  A forced draft fan is also used as a motive force for the gases through the incineration and APCE systems.

This stack gas stream is continuously monitored by the continuous emissions monitoring system (CEMS) for concentrations of carbon monoxide and oxygen in the stack gases as indicators of combustion conditions in the incinerator.

The RKI system was previously tested in 1992.  In addition, a human health risk assessment report (1997) was  prepared by Kodak based on those emissions as well as the mini-burn results of the MHI. These reports were reviewed and approved by DEC and USEPA, and used to determine appropriate operating conditions for the RKI in this draft permit.  Kodak’s health risk assessment report estimated an incremental cancer risk of less than 1.0 × 10^-5, or less than one additional incidence of cancer per 100,000 people. DEC staff reviewed this health impact assessment report with assistance from the New York State Department of Health (NYSDOH) and found it to be acceptable since this estimated impact is within the DEC and USEPA acceptance criteria.  In 2000, DEC, using the same emissions from the RKI and MHI,  performed its own health risk assessment for the combined operation of both incineration units at Kodak Park with assistance  from the NYSDOH , and estimated the cumulative human health risk to be less than 1.0 × 10^-5.

RKI testing will be performed in 2004 for RCRA, and also to demonstrate compliance with  the National Emission Standards for Hazardous Air Pollutants (NESHAP) under the Maximum Achievable Control Technology (MACT) Rule for Hazardous Waste Combustors. The testing will be performed as per a DEC approved protocol and with DEC oversight.  The report on this testing will be reviewed by DEC, and the results will be used to develop, or modify if appropriate, the operating limits for this incineration system.   In addition, Kodak will perform, as per a DEC approved protocol, an assessment of human health and ecological impacts on the surrounding community through their multi-pathway exposures to the RKI & MHI incinerator emissions.  It is anticipated that the future testing with the new APCE will yield lower emissions of hazardous air pollutants, and a reduced health risk, due to the increased removal efficiency of the new APCE.  This trial burn report and these risk assessments will form the basis for permit modifications for the RKI and will be subject to public review and comment at that time.

Module II of the permit contains the corrective action program for Kodak Park that specifies requirements for the investigation and remediation of releases of hazardous waste or constituents to the environment from solid waste management units.  At Kodak Park, much of this work has been completed and has involved remediation of soil and groundwater contaminated by older, historic operations.

The draft Part 373 Permit regulates hazardous waste management activities, which currently exist at the Kodak Park facility. The draft permit does not include any approval of new units or changes to existing units which would increase their design capacity. On this basis, as is noted below,  a determination has been made that the action to make a final decision on the Part 373 permit can be considered  a Type II action involving no material changes to Kodak Park’s Hazardous Waste Management facility.

The applicant proposes to install 170 lineal feet of concrete slab retaining wall along the bank of the protected stream, Allens Creek, on his property located at 905 Allens Creek Rd. in the Town of Pittsford, Monroe County.

The application is available for review at the Region 8 office located at 6474 Wast Avon - Lima Rd. in Avon.

The applicant proposes to construct  a 520 foot by 600 foot steel warehouse building north of their existing facility located on Gambee Road in the Town of Geneva, Ontario County. The project also includes a new 25 foot wide access road, truck turnaround and staging area, 225 foot long culvert, and three new stormwater basins. The construction of this new building will result in the filling of 780 feet (.64 acre) of federal wetlands. The ditch being filled will be relocated around the proposed building, resulting in a new section approximately 1,717 feet in length.  The purpose of the project is to increase on-site warehousing and reduce truck traffic to and from the site.

The Department has received an application to construct two new research and development glass melt tanks at  the Corning Inc - Sullivan Park facility, located on County Road 107 in the Town of Erwin, Steuben County.  Although research and development activities are normally exempt from permitting requirements, emissions of arsenic from these sources trigger the applicability of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for arsenic, found in Title 40 of the Code of Federal Regulations (40 CFR), Part 61, Subpart N.

These sources are a new Emission Unit, S-P0002, with two emission points venting the melt tanks through baghouse filters.

As part of this application, Corning Inc proposes to limit potential emissions of arsenic from the entire Sullivan Park Facility, including the two new melt tanks, to 41.4 pounds per year.  This amount is based on the results of air dispersion modeling to keep arsenic concentrations below potentially significant levels.  This is less than the 880 pound (0.4 megagram) per year limit for uncontrolled emissions from each melt tank, found in the arsenic NESHAP of 40 CFR Part 61, Subpart N.

To verify that the facility is in compliance with this limit, Corning will be required to maintain records of raw material usage, and of actual emissions based on arsenic in the raw materials, arsenic retention in each glass composition, and baghouse filter emission control efficiency.  These records are to be maintained at the facility for a minimum of two years and must be made available with all supporting data to Department inspectors upon request.

The application and Draft Permit are available for review at the Region 8 NYSDEC office.