Fluoride Action Network

Lithium-ion Battery Recycling: Key Documents for the proposal in Endicott NY.

Part 5: Archive of NoBurnBroome on their successful opposition to a lithium-ion battery recycling incineration scheme proposed for Endicott, Broome County, NY, between 2020-2021 | By Ellen Connett

Note: This series concerns a proposal to use incineration to recycle lithium-ion batteries. It was proposed for Endicott in Broome County NY. The proposal resulted in the formation of the group NoBurnBroome on April 15, 2020, to oppose the proposal, which it successfully accomplished in February 2021. The Fluoride Action Network was interested in this project because the novel use of incineration to recoup valuable metals would be a new, and non-assessed, exposure route to large amounts of hydrogen fluoride. Index to the series is here.

April 9, 2021. Letter from Regional Permit Administrator of the NY State Department of Environmental Conservation to Danish Mir, president of Sungeel MCC Americas LLC, acknowledging the surrender of the Air Permit.

March 19, 2021. Letter from Plumley Engineering, on behalf of of Sungeel MCC Americas LLC, on the surrender of the Air Permit, to the NY State Department of Environmental Conservation.

February 1, 2021. Public hearing on proposed Local Law No. 01 of the Year 2021. http://fluoridealert.org/wp-content/uploads/endicott.law-prohibiting-recycling-facilities.feb-1-2021.pdf

January 29, 2021.  Audio. George Fiedler on Bob Joseph Show about Feb 1 Public Hearing to Rescind Recycling Law.

January 29, 2021.  Audio. Paul Connett on Bob Joseph Show about Feb 1 Public Hearing to Rescind Recycling Law.

January 25, 2021. Index. Letters to the Editor against battery recycling facility.

November 2020. Safety Risks to Emergency Responders from Lithium-Ion Battery Fires in Electric Vehicles by the National Transportation Safety Board. Safety Report NTSB/SR-20/01,

November 13, 2020. Article 78 against the Village of Endicott and the Village Board of Trustees. Submitted by Attorney Claudia Braymer, of Braymer Law PLLC, on behalf of six petitioner residents of Endicott. This lawsuit challenges the legality of a new recycling zoning amendment passed on May 7, 2020, by Endicott’s Board of Trustees to clear the way for the SungEel lithium-ion battery recycling project.

October 23, 2020. Letter to Robert Aikens, President, and Officers of the Binghamton-Oneonta Building and Construction Trades Council, from Ellen Tiberi on behalf of NoBurnBroome.

October 9, 2020. Questionnaire Sent to Candidates for Election. NoBurnBroome Team

September 17, 2020. Letter to Elizabeth Tracy, Regional Permit Administrator, NYSDEC – Region 7, from John Ruspantini, requesting modification, suspension or revocation of SungEel’s Air Permit. NoBurnBroome Science Team.

September 17, 2020. Email to Mayor Linda Jackson from John Ruspantini, Technical Advisor to NoBurnBroome.

September 16, 2020. NBB’s response to DEC’s statements in their letter to John Ruspantini (dated August 1, 2020). By Paul Connett and John Ruspatini.

September 14, 2020. Letter from Endicott Mayor Linda Jackson to the Town of Union.

September 10, 2020. PFAS Emissions Estimate – Based On Scrubber Water Test Results.(Received via FOIL to NYS DEC).

September 9, 2020. Email from Dale R. Vollmer (Plumley Engineering) to Thomas Elter (NYDEC). Subject: SMCC PFAS Results. PFAS Hits Summary-DRAFT.PDF; PFAS Emissions Estimate-DRAFT.PDF. (Received via FOIL to NYS DEC).

September 9, 2020. Summary of Hits -Bag House Dust, Battery Powder, Scrubber Waste Water. (Received via FOIL to NYS DEC).

August 31, 2020. Updated NoBurnBroome Position Paper on the SungEel project proposed for Endicott.

August 27, 2020. Letter from State Senator Frederick J. Akshar II et al. to the New York Department of Environmental Conservation Commissioner Basil Seggos. Co-signing the letter: Daniel Reynolds, Chair, Broome County Legislature, and Broome County Legislators Matthew Pasquale (7th Districg) and Greg Baldwin (6th District).

August 26, 2020. DEC Letter Answers Questions About Sungeel Battery Recycling Facility. Letter by Endicott Mayor Linda Jackson on the website of the Village of Endicott.

August 1, 2020. Letter from NYDEC Thomas A. Elter, PE, to John Ruspantini of NoBurnBroome.

July 30, 2020. Recording: Public Hearing: Zoning Board of Appeals

July 19, 2020. Letter to New York Governor Andrew Cuomo, Re: SungEel (SMCC) Lithium-ion Battery Recycling Facility Proposed for Endicott, NY. From Paul Connett PhD and John J. Ruspantini CHMM, PMP, NoBurnBroome Science Committee, Endicott NY.

July 4, 2020. Recording: NoBurnBroome People’s Town Hall July 2, 2020

July 4, 2020. Review of SungEel MCC’s Community Information Meeting June 30, 2020

June 30, 2020. Recording: June 30, 2020 SungEel public Q&A

June 29, 2020. SungEel meeting with Community Leaders – YouTube. By Bill Huston.

June 24, 2020. Chemical and toxicological concerns about the SMCC (SungEel) facility proposed for Endicott, NY. By Paul Connett, PhD and John Ruspantini, CHMM, PMP.

June 22, 2020. Letter to Governor Cuomo signed asking for his help; signed by 80 residents of Broome County.

June 8, 2020. Letter to the Endicott Zoning Board of Appeals from Claudia Braymer, lawyer for NoBurnBroome.

May 28, 2020. Letter to NYS DEC Commissioner and the President & CEO of the Empire State Development Corporation signed by 154 organizations. A News Release was sent out the same day.

May 26, 2020. Letter to Reginald Parker, NYS DEC Regional Engineer. Re: PFAS. From John Ruspantini and Paul Connett, NoBurnBroome.

May 20, 2020. Letter to Sungeel from Reginald G.Parker, PE, Regional Engineer, NY Department of Environmental Conservation, Region 7.

May 19, 2020. SungEel MCC Americas Responds to Community Discussion. Media Advisory. Contact: Stephen Donnelly, Stephen Donnelly & Associates.

May 18, 2020. Village of Endicott Board Meeting – YouTube

May 18, 2020. Letter to Basil Seggos, Commissioner of the DEC, from NY Assembly member Donna Lupardo.

May 15, 2020. Letter to Village of Endicott Mayor Linda Jackson from NY State Senator Frederick J. Akshar II.

May 13, 2020. Letter to Endicott Mayor Linda Jackson and Village Board Members from Claudia K. Braymer of Braymer Law PLLC on behalf of No Burn Broome.

May 7, 2020. Village of Endicott Board Meeting – YouTube.

May 6, 2020. Letter from Nicole Wolfe, Superintendent of Schools and Dick Testa, Board of Education President, Union-Endicott Central School District; to Mayor Jackson and Village Trustees.

May 3, 2020. Letter to Endicott Mayor Linda Jackson and Village Board Members from Claudia K. Braymer of Braymer Law PLLC on behalf of No Burn Broome.

April 24, 2020. Position Paper on the Lithium-Ion Battery Recycling-Incineration facility proposed for Endicott, NY. By the Science Team at No Burn Broome.

April 20, 2020. Barton & Loguidice report: A review of the Air Permit issued to Sungeel MCC Americas, LLC– Air State Facility Permit DEC No. 7-0346-00218/00001. Review requested by the Village of Endicott.

April 20, 2020: A Village of Endicott resolution prepared in advance of the April 20 Hearing on the Zoning Change. Thankfully that Hearing was cancelled at the last minute. The resolution states:

… The Village Board has considered the possible environmental impacts of the Local Law. The adoption of said Local Law will not have a significant adverse impact on the environment and the Village Board adopts a negative declaration with respect to the Local Law; and

… WHEREAS, the Village Board, after due deliberation, finds it in the best interest of the Village to adopt said Local Law in accordance with the criteria set forth in Section 300-61.7 of the Zoning Code.

NOW, THEREFORE BE IT RESOLVED that the Village Board of the Village of Endicott hereby adopts said Local Law as Law No. ___ of the Year 2020 entitled “A LOCAL LAW MAKING RECYCLING FACILITIES A PERMITTED USE IN INDUSTRIAL ZONES”; and it is further

April 16, 2020. The Planning Board Report, Village of Endicott.

April 16, 2020. Section 239 Response from the Broome County Department of Planning and Economic Development. Letter from Frank Evangelisti, Director, to Mayor Linda Jackson, Village of Endicott.

April 6, 2020. Agenda, Village of Endicott, Board of Trustees meeting. 7pm.

March 31, 2020. Response to stakeholders and interested parties. SugEel MCC Americas, LLC Lithium-Ion Battery Recycling Facility Air State Facility Permit Application – DEC No. 7-0346-00218/00001, Village of Endicott, Broome County. New York State Department of Environmental Conservation.

March 30, 2020. Air Permit issued to Sungeel MCC Americas LLC by the NY State Department of Environmental Conservation.

March 27, 2020. Negative Declaration. State Environmental Quality Review. AMENDED NEGATIVE DECLARATION PURSUANT TO 6 NYCRR 617.7(e). Narrative addendum to EAF [Environmental Assessment Form] Part 3. DEC Project No. 7-0346-00218.

March 27, 2020. Response to Comments, SMCC LIB Recycling Facility, DEC ID # 7-0346-00218, Air State Facility permit and Solid Waste Management Facility registration. New York State Department of Environmental Conservation.

February 12, 2020. Re: Sungeel Corporation’s Air Permit and Solid Waste Facility Registration Applications. Letter from Robert H. McKertich, Partner, Coughlin & Gerhart, LLP; to Joseph Diugolenski, NYSDEC, Cortland NY.

December 31, 2019. Lien on Sungeel MMC America LLC by M. Cristo, Inc. as lienor for performed labor. Total agreed price and value: $793,280. Total amount unpaid to lienor $550,000. The property subject to the lien is Huron Campus, Building 259.

Dec 12, 2018 – Dec 12, 2020. Demolition Permit issued to Huron Real Estate for 801 Clark Street W, Endicott. Issued by Village of Endicott Code Enforcement Office, 224 Madison Avenue. Permit Application # BA2018-0118: Interior of building will be gutted for renovation. Time frame is approx 14 weeks.

December 5, 2019. Comments submitted to NYS DEC by Paul Connett, PhD (via email).

October 2, 2019. Notice of Complete Application for SMCC LIB Recycling Facility. Permits(s) Applied/or: l – Article 19 Air State Facility. New York State Department of Environmental Conservation,

August 19, 2019. Solid Waste Management Facility Registration. ENGINEERING REPORT for SMCC LIB RECYCLING FACILITY. Village of Endicott, Broome County, New York.

August 2019 (revised September 2019). Air Permit Application for the SMCC LIB RECYCLING FACILITY, Village of Endicott, Broome County, NY. Prepared by Plumley Engineering for Sungeel MCC Americas LLC.

July 16, 2019. Letter re: “SMCC Lithium-Ion Battery Recycling Facility Applicability Determination”. From DEC Region 2, Rolrert Buettner, Chief Air Compliance Branch, Enforcement and Compliance Assurance Division; to Danish Mir, President, SungEel MCC Americas, LLC.

Excerpt: “From the process description you provided, we believe that the rotary dryer is operating at temperatures higher than ignition temperatures of some of the materials being treated in the dryer. This leads us to believe that the SMCC rotary kiln dryer meets the definition of a CISWI unit. Because the unit used for the purpose of recovering metals, it meets the 40C.F.R.§ 60.2020(g) exemption’s requirement that materials recovery units combust waste primarily to recover metals.”
CISWI stands for Commercial and Industrial Solid Waste Incineration unit.

May 9, 2019. Letter from Thomas J. Fucillo of Barclay Damon to Reginald Parker, NYSDEC Region 7.

Excerpt: As you know, SungEel MCC Americas LLC (“SMCC”) proposes to operate a “Universal Waste Destination Facility” (the “Destination Facility”) at an existing manufacturing complex in Endicott , New York. The Destination Facility will recycle (recover metals from) spent lithium ion rechargeable batteries. SMCC, or a separate legal entity, also intends to operate a “Large Quantity Universal Waste Handling Facility” (the “Handling Facility”) to temporarily store spent rechargeable batteries prior to recycling. The Handling Facility will be located on a noncontiguous property…

This letter is submitted on behalf of SMCC. It describes the intended operation of both facilities, the anticipated regulatory requirements, and certain unresolved issues regarding the applicability of particular regulations. Additionally , it suggests reasonable regulatory interpretations which we believe are consistent with the letter and intent of the Universal Waste regulations and appropriate to support this fledgling industry.

May 4, 2018. Toward a new comprehensive global database of per- and polyfluororoalkyl substances (PFAS): Summary report on updating the OECD 2007 list of per- and polyfluoroalkyl substances (PFASs). Series on Risk Management No. 39. OECD (Organisation for Economic Co-operation and Development) ENV/JM/MONO(2018)7.

Excerpt from page 10: “Some PFASs with shorter-chain perfluoroalkyl(ether) moieties have also been present in products as intended ingredients (e.g., lithium bis(trifluoromethylsulfonyl)imide (CAS number 90076-65-6) as electrolytes in the manufacture of batteries for electric vehicles or stationary applications; ECHA, 2018)…”