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L. Nadler and M. Moroukian (NYSDEC) to EPA Region II

New York State Department of Environmental Conservation
Division of Solid & Hazardous Materials
50 Wolf Road, Albany, New York 12233-7251
Bureau of Hazardous Waste Management
(518) 485-8988 FAX (518) 485-8769


TO: Jim Sullivan/Kate Donnelly - EPA Region II

FROM: Lawrence J. Nadler and Mark Moroukian - NYSDEC

SUBJECT: Revised Final Draft FPA for HADCO

DATE: NOV 12 1996


These are our comments on the revised final draft FPA, dated October 18, 1996 and transmitted on October 23, 1996.

1. First, as a general comment, it was suggested to Jim Sullivan that the FPA should not be sent to EPA Headquarters until there is concurrence by New York and New Hampshire.  From comment 4 along, it is clear why.  However, Jim's October 29 fax indicates that the FPA has been sent to EPA Headquarters.

2. Introduction - top of page 3:  The last line of the first paragraph at the top of this page should say, "...will be directed toward recycling of non-RCRA regulated waste streams."  These waste streams should not be referred to as non-regulated, since they are certainly regulated under state law; hence the need for the reference to RCRA.

3. Paragraph 4 on page 4:  The third line of (b) under the definition of "conditional delisting" should read, "...pursuant to 40 CFR 260.20 and 260.22 and corresponding state regulations where such exclusion is subject to explicit...".  The reference to State regulations is needed because delisting must be granted by both EPA and the state agencies.

4. Paragraph 13 on page 7:  NYSDEC cannot allow the reference to "state certified" laboratories to be removed from this paragraph.  In New York State, the requirement that samples be analyzed by a state certified laboratory is contained in statute (Section 502 of the Public Health Law).  

5. Paragraph 19 on page 9:  The fifth line should refer to "...the appropriate state regulatory...".  The word, "state" should now be included, since New York and New Hampshire are both authorized to issue variances and California is no longer involved in this project.

6. Paragraph 26 on page 12:  The second line of the DEC mailing address should read, "Division of Solid & Hazardous Materials."  Also the zip code is 12233.

7. VI (A) - "annual Reports" on page 13:  There is some uncertainty concerning what the term "annual" report means and we should address this.  The XL Implementation Date for this project is unlikely to coincide with the start of the calendar year, except by chance.  Accordingly, should the "Annual" in "Annual Report" refer to a calendar year or the twelve-month period, beginning on the XL Implementation Date?  The reference in paragraph 27 to records for 1995 and 1996 imply that we are talking about reports covering a calendar year.  Other than that, the construction of the provisions of the FPA appear to suggest that we are talking about the twelve-month period beginning on the XL Implementation Date, and repeated thereafter in future years.

This section is very confusing.  It's possible the section could be broken down into two separate reports.  The initial report, which provides background data/information could be called the "Project Background Report" and would include items 27a-j to be submitted not later than 60 days after the XL Implementation Date.  Language could then be changed to require an Annual Project Summary Report" each year thereafter to include items 27a-j and paragraphs 30-32 for the remaining life of the project.

8. Paragraph 34 on page 14:  Where we talk about termination of variances or delisting if the project is not successful, the final line in this paragraph should read, "...Federal Register or analogous state publication."  If either state agency must terminate or revoke a variance or delisting, then, under state law, notification would have to be given in state publications.

9.   Second signatory page on page 16.  The title of this Department should be written as New York State Department of Environmental Conservation.

10. Paragraph 5 on page 4:  Regarding the last line, the XL Implementation Date is now defined in Paragraph 21, not 20.

11. Paragraph 8 on page 5:  Section III, except for Paragraph 16, relates to events that precede the issuance of a delisting or variance.  Therefore, only paragraph 16 out of Section III would need to be merged into the terms of the delisting/variance.  The recent suggestion, to merge Paragraph 25 as well, is appropriate.

12. VI(D) - "Sludge Driers" on page 14.  It should be clear that in the event sludge driers are not installed, HADCO must conduct an evaluation for the technical and economic feasibility of sludge drier installation each and every year of the project and include the results in the annual report.

cc: J. Jouzaitis

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