ENB Region 8 Completed Applications 05/31/2006

The Eastman Kodak Company ( Kodak) requests to transfer the Air State Facility Permit for air contaminants emitted from the manufacturing activities under the control of NEXPRESS Solutions Inc. (Facility ID No. 8-2699-00065) to the control of Kodak. The NEXPRESS Solutions Inc. facility included toner manufacturing operations in Building 349, research and development surface coating operations in Building 308 and research and development activities in Buildings 349, 82 and 83 all within Kodak Park. Kodak will incorporate the emissions sources previously included in the NEXPRESS Solutions facility into two new Emission Units for Kodak Park. Emission Unit U-00087 will include the printer toner and developer manufacturing operations previously under the control of NEXPRESS Solutions Inc. in Building 349. Emission Unit U-00088 will include surface coating and dispersion making operations in Building 308 , which were solely used for research and development activities when previously under control of NEXPRESS Solutions Inc.

Kodak also is requesting that the Department eliminate the total VOC, individual Hazardous Air Pollutant and total HAP air contaminant emissions caps established for the NEXPRESS State Facility Permit (Permit ID 8-2699-00065/01751). These state facility permit conditions, which were established to create a “synthetic minor source” and , thus, cap out of Title V, Part 228, and future NESHAP applicability, are no longer relevant now that these manufacturing facilities are considered to be part of the major stationary source, Kodak Park, at which it is located.

In association with Kodak’s plans to do minor construction and startup of commercial production on surface coating lines located in Building 308, Kodak is requesting approval of an Air State Facility Permit for construction and operation of Emission Unit U-00088 for these modifications.

The changes include establishing an alternate emission limit on Volatile Organic Compounds (VOC) of  4.34  tons per year (TPY) on a rolling 12 month average from Process N 20, based on a Part 228 (Surface Coating operations) Reasonably Available Control Technology (RACT) demonstration. The RACT demonstration considered process changes, material substitution (material reformulation), and add-on control alternatives for reducing VOC emissions from the Building 308 coating lines. The Department has agreed with conclusion of the RACT demonstration that all alternatives considered were either not technically feasible or not economically feasible. The Department agrees that the current operations subject to Part 228 regulations, including the 4.34 TPY VOC alternate emission limit, represents RACT. The alternate VOC RACT emission limit and this permit modification will subsequently be processed through a federal review process as a revision of the State Implementation Plan.

Emission Units U-00087 and U-00088 will be incorporated into the next significant modification (MOD 2) of the Kodak Park Title V Facility Permit 8-2614-00205/01801.

The draft permit with conditions is available for review in the Region 8  NYS DEC office at 6274 East Avon-Lima Road (Routes 5 & 20) in Avon, New York.

Monroe County and its agent, Waste Management of New York LLC, have submitted applications for renewal and modification of a Title V Facility Permit, and for construction in Freshwater Wetland Adjacent Areas, at the Monroe County - Mill Seat Landfill, located at 303 Brew Road  in the Town of Riga, Monroe County.  The Landfill is subject to federal New Source Performance Standards in 40 CFR Part 60, Subpart WWW, since its design capacity exceeds 2,500,000 megagrams (metric tons) and 2,500,000 cubic meters.  The Landfill therefore meets the definition of a major stationary source specified in 6 NYCRR Part 201-6.1(a)(2), and is required to maintain a Title V Facility Permit.

The Title V Facility Permit was originally issued December 13, 1999, and a minor modification was effective August 4, 2004 for odor control flare removals and installations.  The application for renewal, in addition to existing landfill operations, includes the addition of a landfill gas to energy plant to generate electrical power from combustion of landfill gas emissions currently burned by odor and emission control flares.  

The original Emission Unit, 1-LANDF, now includes a 900-cfm open flare, a 3500-cfm enclosed flare to be used as a backup emission control after generator plant startup, 4 candlestick flares at the vents of the leachate collection system for odor control, fugitive emissions from two 1.5 million gallon leachate storage tanks, and other exempt equipment.  

The landfill gas to energy plant, new Emission Unit P-00001, will generate electrical power from six 1148 horsepower landfill gas fired generators, and eventually expand to eight generators as landfill gas volume increases.  Construction of the plant requires an Article 24 Freshwater Wetland Permit for construction of landfill gas pipelines and maintenance access roads in the 100 foot wide adjacent area of Class 2 NYS Freshwater Wetland RG-7, and overhead electric transmission lines and maintenance access points in the 100 foot wide adjacent area of Class 2 NYS Freshwater Wetland RG-10.

As part of this application, Monroe County has proposed to restrict the project potential to emit carbon monoxide (CO) to below the 250 ton per year increase applicability threshold of 40CFR 52.21 Prevention of Significant Deterioration (PSD), and to restrict the project potential to emit oxides of nitrogen (NOx) to below the 100 ton per year increase applicability threshold of 6 NYCRR Part 231-2 New Source Review in Ozone Transport Regions.  In response, the Department has drafted Special Permit Conditions to allow flexibility in the combustion of landfill gas, by either the generators or the flares, sufficient to remain within these limits.

To verify that the facility is in compliance with these permit conditions, Monroe County will be required to perform emissions testing on its CO and NOx sources, calculate monthly emissions of CO and NOx, and calculate 12 month rolling totals of 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 Permits are available for review at the Region 8 NYSDEC office.

The Draft Title V Facility Permit and Permit Review Report may be viewed or downloaded as .pdf files at: http://www.dec.state.ny.us/website/dardata/boss/afs/draft_atv.html

In accordance with 6NYCRR Parts 621.5(d)(9) and 201-6.4(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 .

Construction of landfill gas pipelines and maintenance access roads in the 100 foot wide adjacent area of Class 2 NYS Freshwater Wetland RG-7, and overhead electric transmission lines and maintenance access points in a Federal Wetland and the 100 foot wide adjacent area of Class 2 NYS Freshwater Wetland RG-10.

Seneca Foods Corporation has submitted an application for renewal of the Title V Facility Permit for its Seneca Foods Marion Plant, a can manufacturing and fruit and vegetable canning facility located on Mill St in the Town of Marion.  

The facility emits air contaminants from can manufacturing operations, and four canning process boilers which can be fired by either natural gas or #6 fuel oil.

The Title V Facility Permit was originally issued October 3, 2000 and was modified effective January 16, 2001 to include a federally required revision of the particulate standard.

No changes in operations or emissions are proposed from the Permit effective January 16, 2001.  The facility remains subject to 6 NYCRR Part 201-6, Title V Facility Permits for major stationary sources, due to potential emissions of total particulates in excess of 100 tons per year, and volatile organic compounds in excess of 50 tons per year.

The Draft Permit includes a condition that will continue to restrict emissions of hazardous air pollutants (HAP) to below the 25 ton per year threshold in 40 CFR Part 63 Subpart KKKK Metal Can Surface Coating NESHAP, by requiring documentation that facility coating and solvent use does not cause HAP emissions to exceed 23 tons in any 12 month period.  It also includes a condition that will continue to restrict emissions of oxides of nitrogen (NOx) to below the 6NYCRR Part 227-2 threshold of 100 tons per year, based on boiler fuel use.

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

The Draft Title V Facility Permit and Permit Review Report may be viewed or downloaded as .pdf files at: http://www.dec.state.ny.us/website/dardata/boss/afs/draft_atv.html

In accordance with 6NYCRR Parts 621.5(d)(9) and 201-6.4(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.