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Federal Register Notice



Project XL Draft Final Project Agreement for HADCO Corporation

AGENCY: Environmental Protection Agency

ACTION: Notice of opportunity for public comment.

SUMMARY: The United States Environmental Protection Agency (EPA) Regions I and II are announcing the availability of, and soliciting comments on, the draft Final Project Agreement developed for HADCO Corporation under EPA's Project XL initiative.

DATES: Comments must be submitted on or before February 24, 1997; public hearing, February 12, 1997, 12:30 p.m.; requests to attend the hearing must be received on or before February 11, 1997.

ADDRESSES: Written comments should be addressed or delivered to Mr. James Sullivan, U.S. EPA Region II, Mail Code DECA-RCB, 290 Broadway, New York, NY 10007-1866. A copy of any comments should also be sent to Regulatory Reinvention Pilot Projects, FRL-5197-9, Water Docket, Mail Code 4101, U.S. EPA, 401 M Street, S.W., Washington, DC 20460.

          The public hearing will be held at HADCO Corporation, 1200 Taylor Road, Owego, New York 13827. Requests to attend the hearing should be made to Mr. James Sullivan, EPA Region 2, (212) 637-4138.

          The FPA is available for review Monday through Friday, except legal holidays, at the following locations. (Hours of operation for each location can be obtained by calling the numbers provided).

1. Derry, NH Public Library, 64 East Broadway, Derry, NH, (603) 432-6140 (Cheryl Lynch, Reference Desk)

2. Aaron Cutler Memorial Library, 269 Charles Bancroft Highway, Hudson, NH, (603) 424-4044 (Claudia Danielson,     Librarian)

3. Kelley Library, 234 Main St, Salem, NH (603) 898-7064, (Deborah Berlin, Reference Department)

4. Colburn Free Library, 275 Main St, Owego, NY (607) 687-3520, (Christine Burroughs, Librarian)

5. NYS DEC, 50 Wolf Road, Albany, NY Albany, NY, (518) 457-2553 (Mark Moroukian), or (518) 485-8988     (Larry Nadler)

6. NH DES, 6 Hazen Drive, Concord, NH (603) 271-2942, (Kenneth Marschner)

7. US EPA Region I Library, One Congress Street, 11th Floor, Boston, MA (888) 372-5427

8. US EPA Region II Library, 290 Broadway, 16th Floor, New York, NY, (212) 637-3185

FOR FURTHER INFORMATION CONTACT: Kenneth Rota, EPA Region I, (617) 565-3349; Jim Sullivan, EPA Region 2, (212) 637-4138; or Lisa Hunter, EPA Headquarters, (202) 260-4744.


          HADCO is one of the first facilities accepted into EPA's Project XL program. EPA created Project XL in 1995 as an initiative providing regulatory flexibility for industry to achieve environmental performance that is superior to what would be achieved through compliance with existing and reasonably anticipated future regulations. The HADCO Final Project Agreement (FPA) was developed by EPA, the New Hampshire Department of Environmental Services (NH DES), the New York State Department of Environmental Conservation (NYS DEC), and HADCO Corporation ("the parties"). The FPA is the document that memorializes the parties' intentions concerning Project XL for the HADCO facilities in Owego, NY; Hudson, NH; Derry, NH and Salem, NH.

          This XL project concerns the classification under RCRA Subtitle C of wastewater treatment (WWT) sludge generated from printed wire board manufacturing facilities (SIC 3672). This WWT sludge is presently classified as a listed hazardous waste, having the waste code F006, pursuant to regulations promulgated under the Resource Conservation and Recovery Act (40 CFR 261.31(a)). Because of this hazardous waste designation, HADCO, and others in the PWB industry, must currently ship this waste to a separate facility licensed to handle hazardous wastes before it can be reclaimed. The project seeks to demonstrate that (a) classifying HADCO's WWT sludge as an F006 waste pursuant to Subtitle C is not necessary to protect human health and the environment, (b) the WWT sludge can be safely reclaimed without all of the strict regulatory controls imposed by RCRA Subtitle C; and a conditional delisting or solid waste variance will yield substantial economic and environmental benefits.

          The HADCO FPA details a procedure through which HADCO will extensively test its sludge generated from the treatment of wastewater associated with circuit board manufacture. This data will be reviewed by EPA, NH DES and NYS DEC, in order to determine if such data supports removal of the sludge from regulation as a hazardous waste, as defined in the Resource Conservation and Recovery Act. Such a determination by EPA, NH DES, and NYS DEC is wholly contingent upon HADCO shipping the sludge off-site for reclamation of copper contained in the sludge. The four (4) HADCO facilities that are involved in this project collectively generate approximately 600 tons per year of this sludge.

          HADCO has agreed to direct any cost savings realized towards the reclamation of non-hazardous copper containing dusts that are currently land filled. If no reclamation occurs, the project would be terminated. HADCO must also consider the installation of sludge driers to reduce sludge volume at its New Hampshire facilities, if feasible.

          This draft FPA provides an overview of the parties' intentions under the XL agreement. The public hearing on February 12, 1997, is being held at HADCO's facility in Owego, New York, to provide additional opportunity for public comment at the HADCO facility included in this project that is most remote from the HADCO Corporation headquarters in New Hampshire. The parties to the agreement will consider any public comments received at the hearing and during this 30-day public comment period, modify the agreement if necessary, and determine whether to sign a final agreement. If a final agreement is reached, any legal mechanisms required to implement the agreement will be noticed publicly in accordance with all state and federal regulations.

          In addition to the EPA contacts listed in the section entitled "For Further Information Contact," above, questions concerning Project XL and the HADCO project may also be directed to: Ken Marschner, NH DES, (603) 271-2943, Mark Moroukian, NYS DEC, (518) 457-2553, or Lee Wilmot, HADCO Corporation, (603) 896-2424. General information about Project XL may be obtained by accessing EPA's internet site for Project XL, at https://www.epa.gov/Project XL. A copy of the HADCO FPA is posted at this location.

Dated January 16, 1997

Jon Kessler

Director, Emerging Sectors and Strategies Division

Office of Policy, Planning, and Evaluation

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