The CEO of the county’s Economic Development Center reviewed that financial projection as part of a Hecate Energy Cider Solar LLC project. Public hearings were recently conducted in each municipality, with a few comments and not much of an outpouring of concerns or complaints, Hyde said.

He and Marketing and Communications Director Jim Krencik presented the review during Wednesday’s Ways & Means Committee meeting. Krencik credited a successful negotiation between all entities for the project’s forward progress.

“This is going to have a major impact philosophically and visually,” he said. 

Once, or if, the measure is approved by both municipal boards and the county Legislature, the presence of a solar operation is to help fund infrastructure throughout the county via first-year payments to Elba ($989,739) and Oakfield-Alabama ($660,133) schools, the towns of Elba ($756,698) and Oakfield ($504,463), and Genesee County itself ($774,165), he said.

Thirty-year revenue predictions result with those entities each garnering $12 million to $19 million each, plus a residential utility bill credit of $2.5 million and special district taxes of nearly $5.8 million, Hyde and Krencik said. In the shorter term, each entity is predicted to receive anywhere from $504,463 to $989,739 from the deal in the first year alone.

Although the projects won’t create a lot of jobs, Hyde said, there is an impact of getting back $22 for every dollar invested, he said.

“We’ve got something here that’s pretty significant from a tax basis,” he said.

Committee legislators agreed with the plan.

“This is a transformational project for these communities,” Legislator Marianne Clattenburg said. “They need to get something back. We’re going to authorize our IDA to collect money on our behalf. If the state comes in, they’d be doing it for free.”

Admittedly, “playing tough” is not Hyde’s style, he said, but negotiations “got really tough at some points.”

The time and effort has been worth it, Hyde said.

"Accomplishing a high level of fiscal benefits from solar energy projects has been a shared goal of the GCEDC, Genesee County, and our towns and schools. We thank the towns of Elba and Oakfield for their commitment and collaboration throughout the negotiations for Hecate Energy Cider Solar LLC," he said. "They have gone above and beyond in representing their communities," Hyde said.

The Batavian has reached out to the Town of Elba for the results of this week's expected vote and will add that once a reply is received.

Top File Photo: Steve Hyde, CEO of Genesee County Economic Development Center, by Howard Owens; above, Marketing and Communications Director Jim Krencik, from GCEDC website. 

The Genesee County Economic Development Center (GCEDC) board of directors will consider final resolutions for solar projects that would generate $576.5 million of capital investment at its board meeting on Thursday, December 1, 2022.

Projects to be considered at the meeting include Hecate Energy Cider Solar LLC’s proposed $550 million utility-scale solar project and community solar projects estimated at $26.5 million.

Hecate Energy Cider Solar LLC’s 500-megawatt utility-scale solar is proposing to create approximately 500 full-time construction jobs and will have the capacity to supply 920,000 hours of renewable electricity annually and provide power to up to 120,000 homes.

Agreements negotiated for Hecate Energy Cider Solar LLC project also would generate approximately $73.5 million through PILOTs and host community agreements with the Town of Elba, the Town of Oakfield, the Elba Central School District, and the Oakfield-Alabama Central School District, including:

• $13.18 million to Genesee County
• $19.38 million to the Town of Elba
• $12.92 million to the Town of Oakfield
• $16.85 million to the Elba Central School District
• $11.24 million to the Oakfield-Alabama School District

“This project will generate significant financial benefits to the host communities and I want to acknowledge the leadership of the various taxing jurisdictions in working collaboratively and successfully to reach agreements matching the scale of this historic renewable energy project for our region,” GCEDC President and CEO Steve Hyde said.

The GCEDC Board also will consider final resolutions for three community solar projects totaling 10.5-megwatts of energy generation that would result in up to $2 million in payments for the various host communities.

• AES Rt 5 Storage LLC is proposing to construct a 5-megawatt community solar project on West Main Road in Le Roy. The $11.01 million project would generate $597,180 in payments to Genesee County, the town of Le Roy, and the Le Roy Central Schools.
• RPNY Solar 6 LLC is proposing to construct a 3-megawatt community solar project on Alexander Road in Batavia. The $5.97 million project would generate $447,748 in payments to Genesee County, the town of Batavia, and the Alexander Central Schools.
• RPNY Solar 7 LLC is proposing to construct a 2.5-megawatt community solar project on Alexander Road in Batavia. The $3.55 million project would generate $373,124 in payments to Genesee County, the town of Batavia, and the Batavia City Schools.

Finally, the board will consider an initial resolution from NY CDG Genesee 4 LLC for a 4.275 MW community solar farm in the town of Pavilion on Shepard Road.  The $6.5 million project would generate approximately $500,000 in PILOT, host community, and real property tax payments to Genesee County, the town of Pavilion and the Pavilion Central Schools. If the resolution is accepted, a public hearing on the project agreement would be scheduled in the town of Pavilion.

The Dec. 1 GCEDC board meeting will be held at 4 p.m. at the MedTech Center’s Innovation Zone, 99 MedTech Drive, Batavia. Meeting materials and links to a live stream/on-demand recording of the meeting is available at www.gcedc.com.

The Genesee County Economic Development Center (GCEDC) board of directors advanced five projects totaling approximately $582.5 million of investments at its board meeting on Tuesday.

The board accepted initial applications from Hecate Energy Cider Solar LLC for a proposed $550 million utility-scale solar project in the towns Elba and Oakfield and for community solar projects in the town of Batavia and LeRoy totaling $20 million. The board also approved final incentives for a $12 million tourism hospitality project.

Hecate Energy Cider Solar LLC is proposing to construct a 500-megawatt utility-scale solar farm on multiple agricultural properties in the towns of Elba and Oakfield. The $550 million project would generate $73.5 million for host municipalities through a payment in lieu of taxes (PILOT) and community host agreements, including:

• $13.18 million to Genesee County
• $19.38 million to the Town of Elba
• $12.92 million to the Town of Oakfield
• $16.85 million to the Elba Central School District
• $11.24 million to the Oakfield-Alabama School District

Public hearings will be scheduled for Hecate Energy Cider Solar LLC’s proposed project agreements in the town of Elba and the town of Oakfield.

The GCEDC board also approved a final resolution for 8250 Park Road LLC. The project proposes to invest $12 million for extensive renovations to the Quality Inn & Suites and Palm Island Indoor Water Park.

Hecate Energy announced today that the application for its proposed 500- megawatt Cider Solar Farm in the towns of Elba and Oakfield, New York has been deemed complete by the New York State Office of Renewable Energy Siting (ORES). If approved by ORES, Cider Solar Farm would be the largest solar project permitted and constructed to date in the State of New York.

Established by Section 94-c of Executive Law, ORES is the newly established state office charged with implementing the timely consolidated review and permitting for major renewable energy facilities in New York State. Its acceptance of the Cider Solar Farm application is the first time ORES has deemed a renewable energy application complete.

“This is the first 94-c application to be deemed complete by ORES, which is a significant milestone for renewable energy in New York,” said Harrison Luna, Cider Solar Farm’s project developer. “The establishment of ORES and the 94-c permit process underpins the state’s commitment to supporting sustainable power, and we’re fortunate to be in a position to use it to bring clean, homegrown electricity to Genesee County. We are encouraged both by the transparency brought to the permitting process by ORES and the comprehensiveness of that process, and we believe this project will be an excellent addition to the next generation of sustainable power supply in New York State.”

The completed permitting application for Cider Solar Farm was extensive and comprehensive. It included 6 bound volumes and more than 96,000 pages of detailed analysis of data from studies assessing the proposed project’s effect on the host communities. Surveys were commissioned regarding a wide range of environmental, cultural, land use, and socioeconomic considerations such as wetlands and streams, wildlife habitat, nearby traffic patterns, cultural resources, noise and vibrations, visual effects from nearby areas, site security, and other potential concerns.

If approved by ORES, Cider Solar Farm would be built on nearly 3,000 acres in the towns of Elba and Oakfield in Genesee County. It is expected to create over 500 construction jobs and will be capable of supplying 920,000 megawatt-hours of renewable electricity per year – enough to power over 120,000 average New York households. Clean energy from Cider Solar Farm is expected to offset 718,694 tons of carbon dioxide emissions annually, which according to the U.S. Environmental Protection Agency (EPA) is equivalent to the annual emissions from 141,794 passenger vehicles.

“For years people have talked about bringing economic development to upstate New York. This milestone is a very positive sign to other developers who are considering bringing their investment, jobs, and sustainable energy projects to this region,” said Luna. “The New York State Legislature, Governor Hochul, and ORES are to be commended for following through and making this happen. Together with the renewable energy industry, we are finally bringing long-term, sustainable economic development to the upstate region.”

To learn more about Hecate Energy and the proposed Cider Solar Farm, visit the project website at www.CiderSolarFarm.com.

Press release:

Hecate Energy, a leading developer, owner, and operator of renewable power projects and energy storage solutions in the United States, held an informational open house on August 25. Located under a pavilion at the Elba Village Park, the event was designed to inform members of the community about the proposed Cider Solar Farm. More than 50 attendees were present to learn about the scope of the project and the ways in which the local community and environment are expected to benefit.

Due to health and safety concerns related to the coronavirus, Hecate has held three prior informational open houses in a virtual format. In this in-person event, Hecate’s first relating to the Cider Solar Farm since the outset of the pandemic, guests were able to visit educational stations while enjoying refreshments catered by Chap’s Diner, a local restaurant. Representatives from Hecate Energy were on hand to discuss the information and answer questions.

“I think the people in this area were really happy to be able to come out and see why we’re so excited about this project,” said Harrison Luna, Cider Solar Farm’s project developer. “It was also an opportunity to hear some specific concerns from residents and how we can improve the project to address them. In most of these cases, we are able to refine our design to address such concerns.

The proposed Cider Solar Farm is expected to create over 500 construction jobs and will be capable of supplying 920,000 megawatt-hours of renewable electricity per year – enough to power over 120,000 average New York households

Speaking by telephone from his Chicago office last week, Harrison Luna (photo at right), development manager for Hecate (pronounced Heck-A-Tee) Energy, said things are progressing smoothly more than a year after the solar company announced its intention to place a 500-megawatt solar farm on what is now 2,452 acres of farmland in the north portion of the adjoining towns.

On June 3, Hecate Energy filed an application with the New York State Office of Renewable Energy Siting (ORES) to construct the solar system, which Luna said represents a $500 million-plus investment that will create more than 500 construction jobs – and about 12 permanent full-time jobs -- and will be capable of supplying 920,000 megawatt hours of renewable electricity per year.

Luna said he has been impressed with the feedback from governmental leaders in both towns, who have interacted with him through three open houses and numerous other meetings – virtually and in person. He said that he places a high priority on understanding the views and concerns of the local citizens.

“Just from my perspective, the only way these projects really work is when they come with a respect of the communities they deal with – by building relationships in the community,” he said. “You can’t do that without having a conversation, early and often. That’s how we’ve been doing it the whole time.”

COMMUNICATION LINES ARE OPEN

Luna said he has been in constant contact with town officials, landowners and neighbors, noting that there have been three virtual open houses with hundreds of people participating.

He also holds Zoom calls outside of his office hours for people to speak to him, and has set up a dedicated phone number and email address for people to call with questions or concerns. He said he returns those calls and emails as soon as possible.

A press release from Hecate Energy included comments from the Oakfield and Elba town supervisors, with both Matt Martin and Donna Hynes, respectively, giving the company high marks for keeping them informed “every step of the way” and offering a project that will result in significant financial benefits to both municipalities.

When contacted by The Batavian, Martin said that in his town, things are progressing without controversy.

“I had one resident ask about if the town wanted it or didn’t want it and I said, basically, that we have no choice,” he said. “The state dictates what they do with the solar panels; the state is running the show, not us.”

Martin acknowledged that the economic benefits will be significant – likely in the millions for both towns, the Oakfield and Elba school districts and other taxing entities – but said those, too, “are beyond our control.”

“We can publish what those benefits are but I don’t think they’ve got those numbers outlined yet,” he said. “As things progress, we’ll have some more information. Nothing like this moves really fast.”

A call to Hynes has not been returned.

NEW STATE AGENCY CONTROLS THE CLOCK

As far as the timetable is concerned, Luna said that ORES -- the state agency that has replaced the Article 10 permitting process for large-scale renewable projects -- has 60 days to determine whether Hecate Energy’s application is complete. The Cider Solar Farm is the first application submitted under ORES.

“They are set up sort of as a one-stop shop and a point of contact for everybody to work through the permitting items together,” Luna said. “I think the difference there is that in Article 10, interaction with agencies was hectic – you would talk to individual agencies – while here it’s more of a clearinghouse for all of those interactions with the state.”

Once ORES deems the application is complete, there’s a one-year clock it has to work through the various items in order to issue or deny a permit, Luna said. It could stretch beyond that (or move faster) depending upon the application checking all of the boxes.

Luna said once the permit is received, the company would be ready to start construction, hopefully by next summer. Construction is expected to take 18 months.

He said he projects that about 500 full-time equivalent jobs will be created during construction and around a dozen permanent jobs afterward.

“Once it is built, it is relatively low maintenance,” he said, adding that workers will be paid prevailing wage and “that you would expect a concentrated labor force of local residents.”

THIRTY-ONE LANDOWNING ENTITIES

What began as a 4,000-acre proposition has decreased to 2,452 acres, and that’s all by design, Luna said.

Currently, 31 landowning entities (controlling 67 parcels) have options to lease their land to Hecate Energy, with a few of them being different entities controlled by the same family.

The major landowners are Call Farms Inc., with more than 1,000 acres, along with Norton Farms (approximately 600 acres), Offhaus Farms Inc. (approximately 500 acres), and Eugene Bezon (approximately 300 acres).

Others with around 100 acres are Big O Realty LLC; CY Properties; Gene H. Sharp; David Shuknecht; and Lynn Shuknecht.

CLICK HERE for a complete list of landowners of record. Note that the acreage totals may have changed due to the “honing” process.

“The way that works is originally we went and sought options and lease agreements for 4,000 acres of land,” Luna said. “The reason we start that big is to give us enough room to move with the desires of the community and hone that project to the best possible version it could be. Over time, as we’ve listened to the community on certain things – how far it sets back from the road and various other concerns – we start pulling back and honing it to something much smaller.”

He called it a “useful exercise” -- one that considers protected wetlands and endangered species.

In the case of the Cider Solar Farm, less than 2/10ths of an acre of state-regulated wetlands has been permanently impacted, he said.

NAAS: PROPERTY OWNERS HAVE A CHOICE

“My opinion has always been, if you own the property, it’s not like I am going to tell somebody else what do to with it,” Naas said. “If it is something that benefits you and your family in the long-term plan, then it’s something … it’s a decision that you have to make.”

Naas said the land that he is leasing is a small portion of the family farm, which grows vegetables, soybeans, corn and wheat.

“We here at our farm, elected to put the poorer ground into solar. It would not generate the income that we have been offered by the solar company – growing row crops. So, for us, it’s strictly a business decision.”

He said he hopes that solar works out in the long run.

“My biggest fear with solar is that it is something I would assume as time goes on would become more efficient … I hope as we move forward, that these things don’t become obsolete before their lifespan,” he said. “I guess from the sounds of it, it is an objective that the governor and political leaders want us to meet, and either you say ‘Yes’ or the train passes you by.”

Naas mentioned the economic advantages for the community, but added that his “biggest concern was that I have to look it at for the rest of my career.”

The farm bureau has no official position on solar, Naas said, reiterating his stance that it is the property owners’ choice “unless it directly affects someone else.”

A call to Call Farms for comment from one of the owners was not returned.

MILLIONS OF DOLLARS IN THE PIPELINE

Just as the public has seen with the Excelsior Energy Project in the Town of Byron, where the taxing jurisdictions stand to gain millions over the 20-year term of the agreement, the towns of Elba and Oakfield, their school districts, special fire districts, Genesee County and the Haxton Memorial Library will reap financial rewards.

The landowners receive direct compensation through their lease agreements (which generally are believed to pay between $500 and $2,000 per acre per year).

“Our goal is to try to make sure everyone benefits; everyone in the community as well as the company as well as the State of New York as well as landowners,” Luna said. “We want it to be positive for everybody involved.”

Towns and other interested parties also have access to $500,000 in intervener funds – money made available to help towns and groups/individuals evaluate the impact of the project.

“Local people have a voice in this and they will coordinate with ORES as it makes funding available over the next two month to the towns and other interveners,” Luna said. “The towns can use that to get their heads around what exactly is going on. Towns request the amount they need or want, ORES takes a look at every intervener funding request and allocates that funding to the towns and other pertinent entities – with the towns having first place in line.”

Luna did not speak to whether Hecate Energy would be applying for tax incentives or payment in lieu of taxes through the Genesee County Economic Development Center, stating that the process has yet to reach that stage.

DISCOUNT ON CONSUMERS’ ELECTRIC BILLS

He did point out that every resident of Elba and Oakfield will receive a direct utility bill reduction in connection with the project.

“We will send money to the utility that they must take off people’s monthly utility bills … for the first 10 years,” he said. “We pay a fixed amount per year to be distributed to town residents. It will probably about $100 per year for each resident, but that will be determined.”

Luna, responding to a question about the flow of electricity from the system, said power generated on the grid flows to the nearest user of electricity.

“It will be used as close to as it is generated as there is demand for it,” he said, adding that the system would produce enough electricity to power all of Genesee County “and then a little bit more.”

Hecate Energy has entered into a Renewable Energy Credit (REC) contract with the New York State Energy Research and Development Authority, Luna said.

“We sell environmental benefits of the project, which are tracked using these objects called RECs,” he said. “We’ll sell those under contract to the state, or NYSERDA, where they get to retire them and take credit for the ‘green’ goals that the state has – which are quite ambitious.”

He said his company seeks to demonstrate that it is meeting the state’s goals.

“It’s not a contract to sell the power. We’re not selling power; we’re capacity to the state,” he added. “We can sell the power under this contract to the open market so that any user of electricity that is eligible to buy electricity, we can sell it flexibly.”

TORREY MARSHALL: WE CHOOSE TO FARM

“I think it’s a real difference when you’re generally putting these communities first in your mind when you doing anything. I think people can tell. I think it’s really important if people really care about communities when they do these things as it really makes everything a lot better,” he said.

While that may be true, not everyone is thrilled that solar has become such a hot commodity at the expense of farming.

Maureen Torrey Marshall (photo at right) of Torrey Farms, a major agricultural enterprise in Elba and surrounding towns, said she thinks “it’s sad that solar panels are the most viable crop that farmers can grow.”

“Well, you can’t fault anybody because they can’t get that type of return by growing any crops, but it all goes back to New York State,” she said. “I’m on the (Elba) town board and we’re going to try to get as much (money) as we can, but you can’t fault anybody. The town and the school need to benefit as much as they can from this.”

She said that solar is going to change the look of the community – and it’s not about to stop in Elba and Oakfield.

“That is what is going to happen down in the valley along (Interstate) 390, near Mount Morris – all that beautiful farmland in that area. That’s all going to be solar,” she said. “New York has placed a priority on green energy and it has just steamrolled.”

Torrey Marshall said her operation is not leasing land to the project.

“You get letters – these companies are just coming out of the woodwork. To be honest, all of Route 98 going to the Thruway could be solar panels,” she said. “It’s our choice and our choice is to farm.

“Elba has survived on agriculture ever since it was founded. Then you have people saying that this is so great. It’s sad that this is the best viable use for your land right now.”

ZUBER: TAKING FOOD OUT OF OUR MOUTHS

Eric Zuber, of Byron, part of the organized opposition to the Excelsior Energy Project, said he owns farmland on the fringes of the Cider Solar Farm but is not signed up to lease any land.

“The quality of ground they are taking in that one is not the quality of the ground here. It’s productive soil but it isn’t the soil that is being taken for the project in Byron,” he said. “Still, I think all of these projects on farmland are stupid. I think, if I had the right type of guys come in here, they could prove that it will create more carbon than it’s going to prevent.”

Hecate Energy contends that the Elba/Oakfield solar system is projected to offset more than 420,000 tons of carbon dioxide per year, the equivalent of taking over 92,000 average cars off the road annually.

Zuber said he is on board with smaller solar farms on side yards or on roofs of homes, “but when they start doing these big projects, they’re taking the food out of people’s mouths.”

“Go to the grocery store and buy food. What has it done in the last six months? You need another $50 in your pocket to buy your groceries,” he said. “All they’re doing is making people hungrier and making the poor people poorer.”

THE BEST APPLE CIDER IS HERE

Luna acknowledged that not everyone is on board with solar panels along country roads.

“There are always some people who aren’t really excited, which is natural for a project of this scale,” he said. “What we do in that case, which again I think is really positive, is try to interact directly with those people and have one-on-one conversations – because sometimes we can help. If they’re concerned that they will be looking at panels all day, we can put visual screening there that mitigates that visual impact. That can make people feel more comfortable in many cases.”

He said Hecate Energy is committed to community involvement and will be looking at opportunities as the project progresses.

The solar company is hosting a fire training for first responders in Elba and Oakfield next Monday night (June 21) at the Elba Firemen’s Recreation Hall in the village. Luna said it will be a comprehensive training in the event of solar fires or emergency situations in various applications – not just large-scale, ground-mounted systems.

So, as indicated, the clock is ticking on the Cider Solar Farm, a unique name for the project that came into Luna’s mind as he drank a glass of local apple cider.

“Funny enough, the first time I came up to town – I’m not exactly sure where it was – I was on the road looking for land that was suitable and getting prepared for meetings with landowners when I bought some apple cider at some place … and I said that this is the best cider I ever had,” he said. “I’m from Tennessee. I don’t know if it’s something about the climate or something else, but maybe our apples aren’t quite as good. But I really enjoyed the cider.”

Hence the name, Cider Solar Farm.

A spokesman for the Quicklee’s convenience store chain Thursday night said the family-owned, Avon-based company is talking with Tim Hortons’ representatives about operating a drive-thru restaurant at the site of the former Bob Evans Restaurant at 204 Oak St. (Route 98).

Louis Terragnoli, director of real estate and development for Quicklee’s, was on the Zoom call of the meeting of the Genesee County Planning Board, which approved a site plan and area variances for a 2,771-square-foot convenience store with 1,000-square-foot drive-thru and a four-pump fuel station.

“We’re in negotiations with Tim Hortons right now and let’s keep our fingers crossed that it keeps going the right way,” Terragnoli said, adding that the company will be completely remodeling the interior and exterior of the building.

Quicklee’s is required to obtain variances since the service station is 165 feet from a church (less than the minimum 500 feet) and the proposed number of parking spaces is 40 (less than the minimum 68).

Terragnoli said he spoke with the Rev. Tom Tharp at Emmanuel Baptist Church, 190 Oak St., and said the pastor was in favor of the project.

As far as parking spaces, Terragnoli said the 40 spots in Quicklee’s plan are adequate.

“From a business perspective, we are overparked. Forty is fine. Sixty-eight is something we don’t have at any location,” he said. “There won’t be any congestion … we’ll have plenty of spots. We will be accessing the site from Noonan Drive. We have a report from the DOT (Department of Transportation) that says that is the best way to do it.”

He also said the company will add a landscaping buffer along the southern part of the property facing Noonan Drive.

“We want to shield the dispensers as much as we can from the church property, so we want to do the right thing for our neighbor,” he said.

Terragnoli added that they will install two handicap accessible curb cuts at the corner and put in a sidewalk “so pedestrians can safely ingress and egress from our site” and dumpsters will be relocated away from the Noonan Drive entrance area for safety purposes.

The Batavia location will be Quicklee’s 24^th and could be open by early fall.

Planners recommended approval of the site plan and area variances. The referral now will go before the City Planning & Development Committee at its meeting on Tuesday and then to the City Zoning Board of Appeals.

In other action, the planning board recommended approval of:

• A site plan for a 107,138-square-foot addition on the southwest corner of the existing plant for warehousing and manufacturing at Liberty Pumps, 7000 Apple Tree Ave., Bergen. Modifications include a stormwater prevention plan and archaeological impact study.

The project also will include a new entrance and exit from Route 19.

• Zoning text amendments from the Oakfield Town Board for the entire Town of Oakfield to allow major solar collection systems to the Land Conservation (LC) and Agricultural-Residential (AR) Districts and to add public and private utilities to the LC District.

County Planning Director Felipe Oltramari said the town wants to amend the zoning to help advance the Cider Solar Farm project of Hecate Energy – a 500-megawatt system being developed under the New York State Office of Renewable Energy Siting.

“As a state-sited project, they don’t necessarily need to follow the local zoning process, but it does make it easier for the company because they won’t have to go in front of a judge and argue why they can override the municipal zoning,” Oltramari said. “This makes it a little more friendly to that project.”

• A special use permit for Chad Downs, 1300 McVean Road, Darien, to place a pest control business in his home, which sits in a Low Density Residential (LDR) District.

The planning department recommends approval with the modification that the storage and disposal of herbicides, pesticides, and other hazardous materials must be conducted in accordance with applicable State and Federal regulations.