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Crompton Corporation (Formerly Witco Corporation)

Minutes for Meetings Used to Develop the Final Project Agreement

OSi Specialties -
Project XL October 29, 1996 Conference Call Minutes

I. Conference Call Participants

Dennis Heintzman Witco-OSi
Dale Koontz Witco-OSi
Okey Tucker Witco-OSi
Tony Vandenberg Witco-OSi
Brenda Gotanda Witco-Manko, Gold & Katcher
Tim Malloy Witco-Manko, Gold & Katcher
Beth Termini EPA Region III
Britt Ludwig WV DEP
Jonathan McClung WV DEP
Lucy Pontiveros WV DEP

II. Summary of Discussion

A. PSD Analysis

          Beth inquired whether OSi has completed the PSD "netting" analysis. Tony stated that he is currently working on the analysis and that yesterday he spoke with Jim Cashel to confirm EPA's desired scope of analysis. He added that it should not take long to complete as it is fairly straightforward.

B. Minutes
          The October 1 and October 8 conference call minutes remain outstanding. Beth provided some revisions to the October 1 minutes and agreed to send a memo to others at EPA requesting that they provide their comments on the minutes to Brenda as soon as possible. WVDEP had no comments.
      C. Final Project Agreement
          1. Last evening, Beth faxed EPA's consolidated comments on the draft FPA to Tim and to Britt. OSi and WVDEP will review these comments and Tim will revise the draft FPA to address EPA's comments and concerns as appropriate. In addition, OSi will review for inclusion in the FPA the revised performance standards submitted by Jim. The next draft FPA should be a close-to-final draft with the exception of the de minimis provisions which will be discussed at the next meeting.
          2. Brenda has made several calls to Chris van Löben Sels to request his comments on the performance standards but he has been unavailable and messages requesting his input have been left for him. He has not yet returned the phone calls. Brenda will attempt to contact him again this afternoon.
          3. Beth asked about a reference in the October 1 minutes which indicated that at EPA's request, OSi would consider the possibility of increased frequency of reporting in the first year of the Project. Okey replied that subsequent to that conference call, OSi agreed to an increase to semi-annual reporting for all years of the Project, not just the first year. Further, OSi will provide additional information between the formal reporting periods, upon request. Further, in the first year of the Project, OSi will provide EPA with the results of the performance test.
          4. Okey will circulate diagrams and graphical information to be included in the FPA.
          5. Tim noted that in the draft FPA provisions submitted by EPA, the RCRA Subpart CC site-specific rule will incorporate the site-specific NSPS rule, rather than the state's consent order. He asked if EPA planned to have the NSPS rule promulgated prior to or simultaneously with the RCRA Subpart CC rule. Beth said that she would check with Michele, who will be back in the office on Thursday.
      D. Pre-FPA Consent Order and Agreement
          1. Okey asked Beth about the status of the Pre-FPA consent order and agreement on RCRA Subpart CC. Beth explained that she has a meeting scheduled with the Deputy Regional Counsel this afternoon to go over some issues raised by the Regional Counsel. She stated that one issue raised was whether it would be appropriate to include within the stipulated penalty provision some interim compliance deadlines, rather than simply a final compliance deadline (e.g., design completion date, construction start date, etc.). Dennis noted that it may unnecessarily complicate the progress of design and construction if we include interim deadlines with stipulated penalties. He added that the critical issue is really only that OSi achieve compliance by the final deadline.
          2. Tim noted that OSi will need to have internal discussions prior to responding to EPA on this issue of interim deadlines. Tim suggested, however, that if OSi agrees to the inclusion of interim deadlines that perhaps EPA could also include a provision which states that while penalties accrue for missed interim deadlines, they shall not be payable unless OSi fails to achieve compliance with the final deadline. Accordingly, no stipulated penalties would be payable if OSi installed the tanks by the final compliance deadline, even if OSi failed to achieve an interim deadline.
          3. Dennis asked if Beth could estimate when the consent order will be completed. Beth stated that she hoped to resolve any outstanding issues in her meeting with the Deputy Regional Counsel this afternoon.
          4. Tim asked Britt if WVDEP can begin working on its parallel consent order. Britt explained that WVDEP does not want to move ahead if there is still a possibility for major conceptual changes in EPA's consent order. Beth volunteered to call Britt this afternoon after her meeting. In such case, Britt stated that WVDEP could begin working on its consent order tomorrow.

III. Schedule
      A. A face-to-face meeting of the XL Workgroup in Philadelphia is tentatively scheduled for Wednesday November 6. In the event that schedules do not permit a face-to-face meeting, a conference call will be held, instead, on either November 6 or 7.
      B. Beth will check with other Workgroup members at EPA to determine their availability for a face-to-face meeting on November 6 and Britt will look into the possibility of attending on behalf of WVDEP. Jonathan and Lucy are unavailable for a meeting or conference call in the afternoon of November 6 but could make a conference call in the morning. WVDEP is closed on November 5.

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