ENB Region 8 Completed Applications 01/05/2005

The applicant operates an industrial mining facility located on Route 63 in Groveland where salt is mined for use in highway deicing.  The Department proposes to modify the referenced wastewater discharge permit based on monitoring required in the previous permit and subsequent installation of full scale equipment for distributing salt additives. The proposed modification will add limits for biological oxygen demand (BOD), phosphorus, ammonia, nitrogen (TKN) and nitrate/nitrite based on the required monitoring results.  This modification will also change the cyanide limit from instream to end of pipe and will specify a more accurate downstream monitoring point and clarifies the timing of the monitoring at this downstream point.  Finally, this modification will incorporate new Best Management Practices plan and Sign Law pages.  The discharge enters the Genessee River, a class C stream in the vicinity of this facility.  The discharge will meet New York State Water Quality Standards with the proposed discharge limits.

The Department has made a tentative determination to approve this modification.  As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance.  A draft permit is available for review.

The Department has developed a draft permit and has made a tentative determination to approve a second modification to one of the Title V Facility Permits for the Eastman Kodak Company’s  Kodak Park facility. 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 modification of its Title V Facility permit, known as MOD-2. Additional detail can be found in the Description found on first page of the draft permit and the Permit Review Report (PRR). Please see the Document Availability portion of this Notice for more details.

Changes to Resolve Issues Kodak has Identified in its List of Contested Permit Conditions.

Immediately following issuance of the initial Title V Facility Permit in February 2003, Kodak requested an adjudicatory hearing to contest issues associated with permit content. Subsequent to the hearing request, Department staff and Kodak met on a regular basis to resolve these issues. Approximately 125 of the disputed issues were resolved with changes made in the first modification, known as MOD-1, which was issued on March 1, 2004.  MOD-2 includes changes to resolve the remaining 33 disputed issues as well as 14 additional issues which Kodak contested following issuance of MOD-1. The most significant changes in MOD-2 related to these contested issues include: 1) Compliance reporting for state enforceable permit conditions is now upon the Department’s request rather than semi-annually, 2) allow submission of semi-annual report for federal enforceable monitoring conditions 60 days after the reporting period rather than 30 days, and 3) Revisions of compliance monitoring conditions for sources subject to standard requirements of 6NYCRR Part 212 (General Processes), Part 226 (Solvent Metal Cleaning), Part 228 (Surface Coating), Part 229 (Petroleum and Volatile Organic Liquid Storage and Transfer), and Part 234 (Graphic Arts). Other changes include the revision or removal of permit conditions to eliminate redundancy, clarify monitoring requirements, or address recent revisions to applicable regulations.

Facility Changes Under Operational Flexibility Provisions of Title V Facility Permit

The Title V Facility Permit includes a protocol, the Operational Flexibility Plan, to allow Kodak to make changes not subject to Title V permit modification provisions, provided that these changes meet certain criteria state in the protocol. Since MOD-1 was issued, the Department has reviewed and approved 45 Notifications of Changes under the protocol. The Draft MOD-2 permit includes updated information to reflect 25 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 do not require federal enforceable emissions caps nor do these represent changes which may have a significant impact on air quality.    

Changes from Review and Approval of Reasonably Available Control Technology (RACT) Evaluation Reports for Reducing Emissions of Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOx).

This modified permit includes conditions for new or revised process-specific limits on emissions of VOC and NOx from certain emission points at Kodak Park subject to RACT requirements included in 6NYCRR Parts 212, 226 (VOC only), and 228 ( VOC only).  If Kodak’s RACT Evaluation Reports demonstrate to the Department that an emission point cannot achieve the RACT requirements in terms of control of emissions, content of VOC, or other specific process parameters for reasons of technological or economic feasibility, the Department may accept a lesser degree of control. If the Department finds the RACT Evaluation Report acceptable, conditions are added to the Title V Permit to establish VOC or NOx emission limits or require emission reduction measures. In MOD-2, 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. The Department has approved the following new or revised process-specific VOC RACT limits. For Emission point 110C6, the approved Part 212 RACT re-evaluation resulted in a decrease of the VOC emission limit from 71.3 tons per year (tpy) to 30.02 tpy.  Similarly, for Emission points R1601 and R1602, the approved limit decreased from 33.8 tpy to 11.0 tpy.  Emission points 03816 and 03810 (EU U00047) have revised limits of 2.0 tpy and 0.47 tpy, respectively decreased from the previously permitted amounts of 4 and 20 tpy.  Emission points D6305, 12001 and 120A5 (EU U00021) have revised limits of 0.09 tpy, 0.98 tpy, and 4.1 tpy, respectively. Compared to the previously permitted limits for these three emission points, the new limits result in an overall increase from 3.55 tpy to 5.17 tpy. Emission points 030N1 and 030M9 have new VOC emission limits of 8 tpy and 9 tpy, respectively, based on a Part 212 RACT evaluations submitted according to a compliance plan which was included in the initial Title V permit.  A Part 228 VOC RACT limit of 8 tpy was issued in MOD-1 for emission points 49-32, 49-63, 49-70, 49-17, 49-04, 49-13, and 49-44.  This RACT limit replaces a previous limit of 2.7 tpy. In addition to these RACT re-evaluations which have resulted in increases or decreases to previous process-specific VOC emission limits, there were several RACT re-evaluations which resulted in no change being made to the previously established emission limits. Based on a stack test, the Department has determined that emission controls on Emission Point 14302 (EU 00019), reduce NOx emissions by 99%,  making the previously established Part 212 RACT emission limit of 8 tpy of NOx unnecessary. Permit conditions in MOD-2 have been revised to include operating requirements to maintain the control efficiency demonstrated during the stack test. Emission point 08111 (EU U00020) is subject to the Part 226 RACT requirements for VOC emissions from degreasers.  In order to demonstrate compliance with Part 226 RACT  requirements for cold cleaner degreasers that cannot use a compliant solvent after January 1, 2004, a VOC limit of 1.5 tpy for EP 08111 has been included in MOD-2.

Changes to Eliminate Emission Point (EP) 053K6 from Permit

EP 053K6, a vent associated with emission control equipment at Bldg 53, was initially permitted in February 1995.  At that time, emissions of VOC were limited to 0.25 tons per year so that the source would not be subject to the requirements of 6NYCRR Part 231-2 (New Source Review).  In October 1995, the permit was modified to further limit VOC emissions to address 6NYCRR Part 212 VOC RACT requirements.  These limits and other requirements related to 6NYCRR Part 212 BACT and opacity requirements were included in the initial Title V permit and MOD-1. Upon further review, NYSDEC has determined that EP 53-K6 serves as an emergency vent and should not be permitted. Therefore, the 6NYCRR Part 231-2 cap and 6NYCRR Part 212 RACT caps will be withdrawn.  EP 53-K6 and its associated permit conditions will be with expired in MOD-2.

 

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 Department’s review and approval of BACT Reports for evaluation of measures to reduce emissions of toxic contaminants from sources subject to 6NYCRR 212.4  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. If the Department finds the BACT demonstration acceptable, conditions are added to the Title V Permit, which establish emission limits for specified contaminants or require emission reduction measures.

The Department will review the public comments received on the draft permit 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. The 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 how to submit 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 exist relating to any findings or determinations the Department is required to make pursuant to the Environmental Conservation Law. 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 MOD-2 Permit and its Permit Review Report (PRR) are available in the Region 8 NYSDEC office in Avon, New York and on the Department’s  website at http://www.dec.state.ny.us/website/dardata/boss/afs/draft_atv.html . The Draft MOD-2 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 previously issued MOD-1- Title V Facility Permit. The Changes-Only version of the MOD-2 Draft Permit does not include permit conditions which have not been changed and that therefore remain the same as they were in the MOD-1 Title V Facility Permit which was issued on March 1, 2004. The Permit Review Report (PRR) provides 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.

The Town of Geneva proposes to increase the existing 1 million gallons per day (gpd) allocation from the Kashong Point Wellfield to 1.66 million gpd.  The combined capacity of well #1 (900 gallons per minute) and still operating well #2 (250 gallons per minute) is 1,150 gallons per minute.  The capacity of well #3 is limited to 1,100 gallons per minute. This well field is in the West Lake Road Water District.  No new allocations to any districts are being requested at this time.  The file is available for review at NYSDEC Region 8.

The Department has received an application to extend the water supply and distribution system of the Town of West Bloomfield Water District 1 into its Extension #6 and to take for use therein a supply of water estimated to average 8,000 gallons per day from the City of Rochester's upland supply.  This project includes the installation of 6,300 linear feet of 8 inch water main and appurtenances to serve 15 parcels.  The Department has made a tentative determination to approve this application and is seeking public comment prior to making a final decision on permit issuance.

The Department has received an Air State Facility application from Ultralife Batteries Inc, for expanded lithium manganese dioxide battery production operations at its Newark Facility, located at 2000 Technology Parkway in the Village of Newark, Town of Arcadia.

The Newark Facility is presently registered as a minor air emissions source.  Proposed installation of additional oven and heat treating equipment, to allow increased battery production, raises the potential emissions of volatile organic compounds (VOC) above the 6 NYCRR Part 201-6 (Title V) applicability threshold of 50 tons per year for a Major Stationary Source.

As part of this application, Ultralife Batteries has proposed to restrict the Newark Facility potential to emit VOC to below the Title V threshold.  In response, the Department has drafted Permit Conditions to limit VOC emissions in any 12 month period sufficiently to restrict VOC emissions to 49 tons per year.

To verify that the facility is in compliance with these permit conditions, Ultralife Batteries will be required to maintain a log of monthly operations and VOC emissions, and 12 month rolling totals of VOC emissions.  These records are to be maintained for a minimum of five 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.