ENB Region 8 Completed Applications 09/13/2006

The applicant proposes the installation of two new gas wells, approximately 4,800 linear feet of gathering line and two well access roads. The access roads and the proposed connector pipeline will use existing farm roads when crossing the 251 foot section of NYS regulated wetland CR-15. An 816 foot section of new access road is proposed to be located at the edge of an existing cultivated field within the regulated wetland adjacent area.

The Department has received an application for modification of the Title V Facility Permit for the Kodak Park boilers, to authorize equipment modifications to Boilers 42 and 43 in Building 321.  The boilers are used to generate steam and electricity to support manufacturing activities within the Kodak Park facility, and are regulated by the conditions in a Title V Facility Permit separate from the Title V Permit regulating manufacturing processes at Kodak Park.

The modification is to the cyclone furnace re-entrant throat and intake air controls, to improve the combustion process.  This will lower the amount of natural gas needed for the oxides of nitrogen (NO_X) control reburn system, compared to the amount of coal burned, allowing more coal to substitute for some of the natural gas to achieve the same heat input.  Kodak has also proposed restrictions on the amount of coal that may be burned in two older Boilers 13 and 14, to limit the potential facility emission increases due to the boiler modification project to below the thresholds in 40 CFR 52.21 Prevention of Significant Deterioration (PSD).

Following the provisions of 40 CFR 52.21, Kodak’s application includes an analysis of net emission changes, including the increases due to the Boiler 42 and 43 project, the decreases due to the fuel limits on Boilers 13 and 14, and all other Kodak Park changes in PSD contaminant emissions for the contemporaneous 5 year period.  The netting analysis demonstrates the facility-wide net emission increases are below the PSD thresholds of 40 tons per year of NO_X, 40 tons per year of sulfur dioxide (SO₂), 25 tons per year of particulate matter (PM), 15 tons per year of particulates smaller than 10 microns (PM-10), and 7 tons per year of sulfuric acid (H₂SO₄).

In response, the Department has generated a Draft Modified Title V Facility Permit to authorize the changes to boilers 42 and 43, and limit coal use in Boilers 13 and 14 to 20,000 tons of coal per year each.  This will restrict facility emission increases due to the boiler 42 and 43 modifications to less than the PSD thresholds indicated above.  

To verify compliance, Kodak must maintain a monthly log of boiler 13 and 14 coal use, and calculate monthly and rolling 12 month emission totals.  Kodak must also keep records of NO_X, SO₂, PM, PM-10, and H₂SO₄ emissions from the modified Boilers 42 and 43 to show that they remain at or below emissions projected in the netting analysis. Emission records are to be maintained at the Kodak Park facility for a minimum of five years and must be made available with supporting data to Department inspectors upon request.

The Environmental Protection Agency is responsible for implementing the PSD program in New York State.  Questions regarding PSD applicability should be directed to:  Mr. Steven C. Riva, Air Programs Branch, Division of Environmental Planning and Protection, U.S.E.P.A. Region 2, 290 Broadway - 25th Floor, New York,  NY 10007-1866, (212) 637-4074 or at Riva.Steven@epamail.epa.gov.

The proposed modification also triggers the applicability of 40 CFR 64, Compliance Assurance Monitoring (CAM), for particulate emissions from Boilers 42 and 43.  Parts of the CAM Plan submitted with the application are included in the Draft Permit, including a requirement for particulate and opacity testing after boiler modifications are complete, to establish monitoring parameters to demonstrate compliance.  Other Kodak boilers will become subject to CAM requirements upon renewal of the Title V permit, or if significant modifications prior to renewal are proposed.

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

The Town of Penfield proposes to construct a 0.28 acre wet-swale stormwater management structure within the adjacent area and temporarily disturb and restore 0.01 acres of regulated wetland PN-2 for 12-inch diameter storm sewer outfall pipe in order to fulfill the requirements of the Stormwater General Permit for Construction (GP-02-01). The file is available for review and comment at NYSDEC Region 8.  

The applicant proposes to install two 200-foot long sections of elevated walkway on an existing foot path within freshwater wetland WH-23 (Class 3).  The walkway will be 1 foot wide with 3 foot wide supports every 10 feet. No vegetation will be removed as a result of this project. The project is located approximately 1500 feet west of Union Street on South Road in the Town of Wheatland, Monroe County.

With the guidance of the Steuben County Soil and Water Conservation District, the Town of Campbell proposes to remove a gravel deposit within the channel of Meads Creek. The shoal will be shaped to 6 inches above the existing water level and approximately 1472 cubic yards of material will be removed from the site using an existing roadway. Woody debris will also be removed.  The entire disturbed area will be seeded after the work is completed.  The project is located just east of the Schuyler-Steuben County line in the Town of Campbell, Steuben County.