ENB Region 8 Completed Applications 10/06/2004

The New York State Department of Environmental Conservation (the Department) has made the tentative determination to approve a permittee-requested modification of the existing State Pollutant Discharge Elimination System (SPDES) permit for Eastman Kodak Company's (Kodak)  Kodak Park facility, which is located within the City of Rochester and the Town of Greece in Monroe County. Kodak requested that all monitoring and reporting requirements for Outfalls 003 and 006 be eliminated because cooling water blowdown has been eliminated as a source of wastewater to these outfalls and no process wastewater is discharged through these outfalls. Wastewater discharged from Outfalls 003 and 006, enters Paddy Hill Creek (Class C) , a relatively small stream. Wastewater discharged through Outfalls 003 and 006 is from the following sources: non-contact cooling water, stormwater and discharges described in the Permit Detail Definitions. The Department has agreed to reduce the monitoring frequency for Outfalls 003 and 006, which has resulted in several metals being removed from the monitoring requirements for Outfall 003 ,however, toxicity testing requirements  have been retained.

The Department has also added to this modification the requirement of routine monitoring and effluent limits for Dioxin at Outfall 001, which discharges to the Genesee River (Class B). Based on the permittee's short term high intensity monitoring program, it was determined that the Practical Quantification Limit (PQL) for Octachlorodibenzo-p-dioxin (the primary dioxin congener found to be present in most of the effluent sampling results) would be used for determining compliance. A Pollutant Minimization Program (PMP) with a three year compliance schedule for Octachlorodibenzo-p-dioxin has been included to allow the permittee time to address the known and potential upgradient sources of dioxins and dibenzofurans. During the compliance schedule period, the permittee shall comply with the statistically derived interim effluent limit for Octachlorodibenzo-p-dioxin.

The Department's  tentative determination to approve the modifications to this permit indicates that the modifications satisfy regulatory standards for permit issuance, based on information available to the Department at this time.  As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance. The draft permit and application are available for review at the NYSDEC Region 8 Office When submitting written comments, please refer to the application number referenced above.

Alstom Transportation Inc has submitted an application for renewal of its Title V Facility Permit for its Hornell Car Shop, located at One Transit Drive in the City of Hornell.  This facility is subject to 6 NYCRR Part 201-6, Title V Facility Permits, for major stationary sources due to potential emissions of carbon monoxide and oxides of nitrogen in excess of 100 tons per year each, potential emissions of volatile organic compounds in excess of 50 tons per year, and potential emissions of hazardous air pollutants in excess of 25 tons per year.  Potential emissions proposed for the renewed permit will be unchanged from those authorized by the current permit.

The Title V Facility Permit was originally issued October 27, 1999 for operation of a rail transit car refurbishment and locomotive performance testing facility.  No significant changes from the current Title V Permit, as issued October 27, 1999, are proposed.

The facility has a single emission unit venting four paint spray booths, and 18 additional emission points exhausting locomotive performance testing operations.

In accordance with 6NYCRR Parts 621.5(d)(9) and 2016.4(c), the Administrator of the United States Environmental Protection Agency (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.

Persons wishing to inspect the subject Title V files, including the application with all relevant supporting materials, the draft permit, and all other materials available to the DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative listed 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 requestor wishes to inspect the files at a later date.

DEC will evaluate the application 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.

The applicant proposes the construction of a 111.2 foot steel breakwall along the western shoreline of Leroy Island on Sodus Bay. The new breakwall will replace an existing 61.2 foot breakwall and add an additional 50 feet of breakwall on the applicant's property.