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Crompton Corporation (Formerly Witco Corporation)

June 27, 1997 Letter


[FRL-5849-5, 62 Federal Register 34,748-34,749]

Regulatory Reinvention (XL) Pilot Projects

AGENCY:     Environmental Protection Agency (EPA)
ACTION:    Notice of availability of OSi Project XL Draft Final Project Agreement and Related Documents

SUMMARY:     EPA is today requesting comment on a proposed Project XL Final Project Agreement (FPA) for OSi Specialties, Inc. (a subsidiary of Witco Corporation) in Sistersville, West Virginia.  The FPA is a voluntary agreement developed collaboratively by OSi, stakeholders, and state and federal regulators.  Project XL, announced in the Federal Register on May 23, 1995 (FRL-5197-9), gives regulated sources the flexibility to develop alternative strategies that will replace or modify specific regulatory requirements on the condition that they produce greater environmental benefits.  EPA has set a goal of implementing a total of fifty projects undertaken in full partnership with the states.  

Under the draft FPA, OSi will install an incinerator and route the process vents from its polyether methyl capper production unit to that incinerator for control of organic air emissions.  OSi estimates this will reduce the facility's organic air emissions by about 309,000 pounds per year for substantially lower cost than compliance with regulations to be deferred under the Project.  In addition, OSi will recover and reuse an estimated 500,000 pounds per year of methanol that would otherwise be disposed of through the facility's on-site wastewater treatment system and would divert about 50,000 pounds per year of organic air emissions from the wastewater treatment unit to the incinerator.  This will result in a reduction in sludge generation from OSi's wastewater of 815,000 pounds per year.  Lastly, OSi will conduct a waste minimization/pollution prevention study which is expected to result in additional reductions in waste generation at the facility.  As an incentive for OSi to take these environmentally beneficial actions, EPA would agree to propose for public comment regulations deferring the application, to the facility's two hazardous waste surface impoundments, of Subpart CC of 40 C.F.R. Parts 264 and 265 which was promulgated under the authority of the Resource Conservation and Recovery Act (RCRA Subpart CC).  Also, the West Virginia Department of Environmental Protection (WVDEP) would enter into a consent order with OSi to defer application of similar state regulations in the interim before the State of West Virginia adopts the EPA deferral.  In addition, EPA and the State of West Virginia intend to propose, on a case-by-case basis, a limited scope deferral of proposed Clean Air Act Subpart YYY volatile organic compound emission standards for OSi's wastewater collection and treatment system (40 CFR Part 60, Subpart YYY) (CAA Subpart YYY), if applicable. The CAA Subpart YYY relief involves a deferral of Subpart YYY if OSi begins recovery of CAA Subpart YYY substances as a result of its waste minimization efforts and if the final CAA Subpart YYY regulations apply to such activities.  This deferral would be granted only if there is no resulting emissions increase from the facility's wastewater system or if organic air emissions increases from all YYY deferrals do not exceed 15,000 pounds per year (about 5 percent of the Project's expected air emission reductions).  These deferrals will last until the required compliance date of the national emission standards for hazardous air pollutants from miscellaneous organic processes (the "MON").  It is expected that the MON will require installation of process vent controls similar to the proposed control for the polyether methyl capper unit process vent emissions to be implemented under the Project.  As a result, the Project will be reevaluated at that time to determine whether additional environmental benefits provided by the Project warrant the continuation of the regulatory flexibility granted by the Project.  If continuation is warranted, then the FPA and other appropriate documents (e.g., permits, regulations, orders, etc.) will be amended as necessary.  If EPA or WVDEP does not determine that continuation of the Project is warranted, the Project will end on the required compliance date of the MON.

DATES:  The period for submission of comments ends on July 28, 1997.

ADDRESSES:  All comments on the draft Final Project Agreement should be sent to: Cheryl Atkinson, U.S. EPA, Region III, 841 Chestnut Street (3HW70), Philadelphia, PA  19107, or L. Nancy Birnbaum, U.S. EPA, 401 M Street, SW, Room 3134CY Mall (2129), Washington, DC  20460.  Comments may also be faxed to Ms. Atkinson at (215) 566-3114 or Ms. Birnbaum at (202) 401-6637.  Comments will also be received via electronic mail sent to:  atkinson.cheryl@epamail.epa.gov or birnbaum.nancy@epamail.epa.gov.

FOR FURTHER INFORMATION CONTACT:  To obtain a copy of the proposed Final Project Agreement, Fact Sheet, or Question and Answer Document,  contact: Cheryl Atkinson, U.S. EPA, Region III, 841 Chestnut Street (3HW70), Philadelphia, PA  19107, or L. Nancy Birnbaum, U.S. EPA, 401 M Street, SW, Room 3134CY Mall (2129), Washington, DC  20460. The documents are also available via the Internet at the following location: "https://www.epa.gov/ProjectXL".  In addition, public files on the Project are located at both the local Sistersville library and EPA Region III in Philadelphia.  Questions to EPA regarding the documents can be directed to Cheryl Atkinson at (215) 566-3392 or L. Nancy Birnbaum at (202) 260-2601.   To be included on the OSi Project XL mailing list to receive information about future public meetings, XL progress reports and other mailings from OSi on the XL Project, contact:  Okey Tucker, OSi Specialties, Inc., Witco Corporation OrganoSilicones Group, 1500 South State Route 2, Friendly, WV  26146.  Mr. Tucker can also be reached by telephone at (304) 652-8131.  For information on all other aspects of the XL Program contact Christopher Knopes at the following address:  Emerging Sectors and Strategies Division; United States Environmental Protection Agency;  3202 Mall;  401 M Street, SW;  Mail Code 2129;  Washington, DC  20460.  The telephone number for the Division is (202) 260-5754.  The facsimile number is (202) 401-6637.  Additional information on Project XL, including documents referenced in this notice, other EPA policy documents related to Project XL, regional XL contacts, application information, and descriptions of existing XL projects and proposals, is available via the Internet at "https://www.epa.gov/ProjectXL" and via an automated fax-on-demand menu at (202) 260-8590.

Dated:  June 27, 1997

Christopher Knopes, Acting Director, Emerging Sectors and Strategies Division

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