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Lee Wilmot to HADCO teleconference attendees RE: Text Revisions to 7/24/96 draft

TO: HADCO Project XL 8/1/96 Teleconference "Attendees"

Name Fax

EPA Joan Jouzaitis 617/565-4939
Josh Secunda "
Kate Donnelly 212/637-3199
Jim Sullivan "
Steve Linder 415/744-1044
NH Ken Marschner 603/271-2943
NY Larry Nadler 518/457-2570
CA Gary Murchison 916/327-4495
or Jon Radinsky "
Sierra Dick deSeve 603/225-2401
WRC Will Gotschall 703/790-8245
Zycon Mostafa Pournejat 408/261-4005

FROM: Lee Wilmot /s/ Lee

DATE: 5 Aug 1996

SUBJECT: Text Revisions to 7/24/96 FPA Draft

INFO: Ron Blanchette, David Marschall, Dorren Simmons

As per our teleconference last Thursday, I am sending attached the revised text changes to those paragraphs in the FPA which we discussed. Specifically, 4d, 18, 19, 20, 23, 25 and 32. We are still waiting to finalyze the CA implementation mechanism language, but as Gary noted, it wouldn't change substantively from that included in the 7/24/96 draft. As we discussed, those having comments on the revisions enclosed should contact your regional EPA contact listed above by close of business Wednesday, 7 August 1996.

Should anyone have any question on this transmittal, please call me at 603/896-2424.


4d. "Solid waste variance" will mean, with respect to a material, a variance from being solid waste, pursuant to 40 C.F.R 260.(c) (or equivalent federally authorized state regulations).

18. Within forty-five (45) days of receipt of the eligibility decision, HADCO will submit petitions for review which specify the types of regulatory relief it requests for each facility (hereinafter, "the petitions"). In the case of a delisting, the petitions will substantively comply with the requirements of 40 C.F.R. 260.20 and 260.22 and will be submitted to EPA. In the case of a solid waste variance, the petitions will be submitted to the appropriate regulatory agencies and will substantively comply with the identified requirements of each jurisdiction's laws and regulations.

19. After receiving a petition, the administering agency will notify HADCO with regard to each facility that: 1) the petition is complete and accepted for filing (hereinafter, "completeness notification"); (2) the petition is incomplete and that specific additional information is required; or (3) the petition is incomplete and additional time is needed for review. The agencies intend to provide such notice within thirty (30) days of receipt. HADCO should submit all corrections and additions to incomplete petitions within thirty (30) days of receipt of notification by the administering agency.

20. In the event that it is determined by EPA that a delisting (or a solid waste variance with respect to HADCO's California facility) may be appropriate, EPA shall attempt to propose decisions regarding HADCO's petitions within forty-five (45) days of the completeness notification. New York's and New Hampshire's RCRA programs are authorized to grant a solid waste variance or its state equivalent. Therefore, if it is determined by New York and/or New Hampshire that a solid waste variance may be appropriate, that State Party shall propose a decision regarding HADCO's petition for solid waste variance (or state equivalent) in a reasonable period of time. Following the appropriate comment period required under Federal or authorized state law, EPA or the State Party will issue its final decision under 40 C.F.R. 260.20(e) or 260.33 (or equivalent federally authorized state regulations) through publication in the Federal Register (or, as appropriate, the comparable state analogue to the Federal Register).

The latest date on which a State Party or EPA issues its final decision through publication in the Federal Register (or appropriate state analogue to the Federal Register) shall be defined as the "XL Implementation Date".

23. New York

25. HADCO will ship its WWT sludge to only those reclamation sides agreed to by the relevant parties in writing. Copies of letters of intent between HADCO and the receiving smelters will be transmitted to EPA and the relevant State Parties prior to the issuance of a conditional delisting or variance, and contracts or agreements with smelters will be so provided prior to shipment of sludges. These letters of intent, contracts or agreements will detail the acceptance criteria for the sludge. The primary recipients of HADCO's sludges will be primary copper smelters, where the sludge will comprise a feedstock substitute for natural ore or other recycled product streams. Alternative reclamation processes or facilities will also require prior approval by EPA and relevant State Parties.

32. HADCO will install sludge driers at its New Hampshire facilities if HADCO determines that such installation is technically and economically feasible, in order to reduce further the quantity of sludge transported. In each annual report, HADCO will describe the status of its sludge drier installation and include relevant data and documentation.

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