ENB Region 8 Completed Applications 01/17/2007

The applicant proposes to stabilize 300 feet of Bulkley streambank through the placement of stone rip rap along the outside bank. Bulkley Creek is a class C non-navigable waterway.

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

The Department has received an application for a new Title V Facility Permit for Kodak Park Health Imaging manufacturing and research operations, currently authorized by Eastman Kodak Company’s - Kodak Park Title V Facility Permit, Mod 2, as published for public notice July 12, 2006.  The purpose of a new, separate Title V Facility Permit is to allow the transfer of Health Imaging operations from Kodak, to Onex Healthcare Holdings Inc, which will create a new Title V Facility.  

The Onex Healthcare - Health Imaging Facility Permit will include Kodak's existing sources in Emission Units U-00040, U-00069, two emission sources in Emission Unit U-00016, seven sources in U-00083, and one source in F-AC001.  The Health Imaging operations involved are located in Buildings 214, 6, 12, 14, 28, 35, 42, 59, 65, 69, 81, 82, 117, and 320 in Kodak Park.

The Onex Healthcare - Health Imaging Facility will be subject to 6 NYCRR Part 201-6 (Title V) regulations due to emissions of volatile organic compounds (VOC) greater than 50 tons per year.

Operations being transferred include a coating line emission source currently subject to 40 CFR 63 Subpart JJJJ, the Paper and Other Webs MACT (Maximum Achievable Control Technology) rule.  Operated by Kodak, the coating line has been compliant under provisions which allow facility-wide averaging of Hazardous Air Pollutant (HAP) content of coatings throughout Kodak Park.  Upon transfer of this source, it will no longer be included in Kodak's coating average.

Kodak has proposed restricting Health Imaging HAP emissions to less than 25 tons per year total HAP and less than 10 tons per year of any single HAP, the MACT threshold of applicability in 40 CFR Part 63.

However, under current EPA policy, the new facility’s coating line remains subject to 40 CFR 63 Subpart JJJJ.

Therefore, the Department has generated a Draft Title V Facility Permit to authorize Health Imaging operations, with permit conditions to restrict HAP emissions to below the 40 CFR 63  threshold indicated above, as an interim limit, effective upon transfer of Health Imaging operations to Onex.  This will limit HAP emissions to approximately the same level as currently emitted by the operations being transferred.

Additionally, for Subpart JJJJ compliance, a schedule is included in the Draft Permit for the installation of emission control equipment on the Health Imaging coating line.  The HAP limits above will continue to apply in the interim, prior to emission control equipment installation.  EPA is considering a possible rule revision which may affect the need for control equipment.

The application, Draft/Proposed 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

The Department has prepared a Draft Permit and has made a tentative determination to approve this application.

In accordance with 6NYCRR Parts 621.7(b)(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.  The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.state.ny.us/website/dar/boss/afs/index.html.

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.

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.