UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2 290 BROADWAY NEW YORK, NY 10007-1866



# APR 11 2012

Mr. Roger T. McDonough New York State Department of

Environmental Conservation Region 8 Headquarters 6274 E Avon-Lima Rd Avon, New York 14414

Dear Mr. McDonough

This is in response to the New York State Department ofEnvironmental Conservation's (The. Department's) announcement in the April 4, 2012 publication ofthe Environmental Notice Bulletin (ENB) concerning a proposed modification ofthe Title V Facility Permit issued March 13, 2009 for the Eastman Kodak Company

- Eastman Business Park Boilers. The proposed modification is based onthe Department's determination that the coal-fired Kodak Boilers41, 42 and 43 are subject to 6 NYCRRPart 249 Best Available Retrofit Technology (BART). The proposed modification specifies requirements that Kodak must implement for the three boilers to meet the Department's Part 249 BART requirements. This announcement provides for an opportunity for public comment on the proposed permit modification that ends on May 4, 2012. The US Environmental Protection Agency (EPA orthe Agency) has reviewed the Department's proposed permit modification and is hereby providing official comments for the record as indicated below.

EPA has completed its review ofthe proposed permit modification for the three Kodak boilers and the Agency agrees with the Department'srequirements for Boilers 41 and 43. However, EPA disagrees, in part, with the Department's proposed BART requirements for Kodak's Boiler 42 because it does not include an emission limit for controlling emissions ofoxides ofnitrogen**(NO~).** However, EPA agrees with the Department's required compliance date for Boiler42. The Department is proposing that Boile,r 42 either permanently retire or repower with natural gas by the Boiler MACT compliance date but no later than August 16,2017. With regards to EPA's requirement that a NOx emission limit be specified for Boiler42, it should be noted that both EPA and the Department define BART in their regulations as "anemission limit based onthe degreeofreduction achievable through the application ofthe best system ofcontinuous emission reduction for eachpollutant.

.. " Therefore, to comply with this definition, EPA is requiring that the Department issue a final permit to include an emission limit for NOx by including the following additional wording, orequivalent, to the current proposed permit: "Should Boiler42 repower with natural gas, then Boiler42 shall comply with BARTby controlling NOxemissions to meet an emission limit not to exceed 0.20 pound permillion BTU (lb/mm BTU)." This is the required limit for very large oil/gas fired cyclone boilers established by the Department's adopted regulation Subpart 227-2 ("Reasonably Available Control Technology (RACT) for Major Sources ofOxides ofNitrogen (NOS').

IntemetAddress (URL). http://www.epa.gov RecycledlFlecycl8ble • Printedwlh Vegetable 01 Based Inks on Recycled Paper (Minimum 30"1'. PoslconSUmer)The existing testing, monitoring andreporting requirements at Conditions 63 and 64 in the current Title V permit would suffice for meeting BARTrequirements for this new permit limit for Boiler 42.

EPA is not requiring limits on emissions ofsulfur dioxide (S02) and particulate matter (PM) because EPA agrees with the Departmentthatthese emissions from a natural gas fired boiler are small and limiting these contaminants is not practically enforceable.

We thank the Department for this opportunity to comment onthis importantpermit modification for the three BART eligible boilers at the Kodak facility. Ifyou have aIlY comments or wish to discuss this further, please contact Mr. Richard Ruvo ofmy staffat 212-637-4014.

# smll!JIl~ Ra

# ~11I W. Werner, Chief Air

## Pr~rams Branch

cc: David Shaw, NYSDEC Rob Sliwinski, NYSDEC Matt Reis, NYSDEC Thomas Marriott, NYSDEC

- Region 8 Bernette Schilling, NYSDEC

- Region 8Bee: Richard Ruvo, DEPP/APB/SIP Bob Kelly, DEPPIAPB/SIP Ted Gardella, DEPPIAPB/SIP Mary McHale, ORCI AB File