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Crompton Corporation (Formerly Witco Corporation)

EPA Letter to Witco: Performance Test Extension

841 Chestnut Building
Philadelphia, Pennsylvania  19107-4431
Customer Service Hotline: 1-800-438-2474

June 24, 1998

Dennis R. Heintzman
Director of EH&S
Witco Corporation
OrganoSilicones Group
Sistersville Plant
3500 South State Route 2
Friendly, WV 26146

RE: RCRA Subpart CC Site-Specific Rulemaking
Delay of Performance Test

Dear Mr. Heintzmann:

I am writing in response to the May 26, 1998 oral request from Tony Vandenberg and to Okey Tucker's written request of June 10, 1998, to extend the date by which OSi Specialties is required to conduct the initial performance test for the thermal oxidizer on the capper unit. The RCRA Subpart CC site-specific rulemaking by EPA, as proposed, required that the initial performance test be conducted within sixty (60) days of the start-up of the thermal oxidizer. Given a start-up date of April 1, 1998, the test should have been conducted by May 31, 1998.

As outlined in Mr. Tucker's letter of June 10, 1998, EPA acknowledges that OSi has experienced several technical difficulties in the operation of the thermal oxidizer since its initial start-up. Subject to public notice and comment, EPA plans to adopt the site-specific rulemaking with a requirement that the performance test be conducted by July 1, 1998. Upon application to EPA with full supporting documentation, OSi may request up to two 15-day extensions of this deadline.

You should be aware that EPA is greatly concerned with what appears to be a trend of missed deadlines by OSi in the implementation of this portion of OSi's XL Project, of which this is just the latest example. OSi approached EPA requesting regulatory flexibility and EPA and OSi signed a mutually beneficial Final Project Agreement, including deadlines to which OSi agreed. EPA has crafted a site-specific rule along the lines set forth in the Final Project Agreement. It is imperative that OSi fully appreciate the need to meet all deadlines committed to by OSi for this project. OSi's continued participation in EPA's Project XL Program requires that OSi exhibit the excellence and leadership expected of all participants in Project XL. EPA will evaluate all available enforcement options if there are any further material violations of OSi's comittments in this project. This may include, but would not be limited to, a unilateral order assessing penalties for violations, the reopening of EPA's Consent Order with OSi to include stipulated penalty provisions for violations until the finalization of the rulemaking, and/or the assessment of penalties by WVDEQ pursuant to their Consent Order with OSi.

Finally, as I requested during our telephone conversation on June 4, 1998, please notify all stakeholders of this delay and upcoming opportunity for public comment. At the time the request for comments is published in the Federal Register, EPA requests that you again notify stakeholders of the opportunity to provide input and that a local newspaper notification also be published.


Maria Parisi Vickers
Associate Director for RCRA Waste & Chemicals Management Division

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