HADCO

NYSDEC to Region II RE: Revised 11/14/96 Final Draft FPA for HADCO

D R A F T M E M O R A N D U M

TO: Jim Sullivan/Kate Donnelly - EPA Region II

FROM: Lawrence J. Nadler and Mark Moroukian - NYSDEC

SUBJECT: Revised November 14, 1996 Final Draft FPA for HADCO

DATE: December 2, 1996

We have no comments on the revised final draft FPA, which is dated November 14, 1996, as was the previous draft. However, here is suggested language for the new paragraph, proposed for Appendix A - Applicability and Scope/Overview of Project.

This new paragraph should be added after the seventh paragraph (which relates to the problems with direct shipment to smelters by companies in the PWB industry).

"HADCO and its competitors in the industry would also face problems in directly shipping their copper-containing WWT sludges to domestic smelters as a hazardous waste. Pursuant to 40 CFR 266-Subpart H, smelting furnaces that reclaim metals are exempted from hazardous waste facility permitting when they co-process hazardous wastes, but there are other regulatory impacts. Slags and slag tailings from primary copper processing are normally excluded from being hazardous wastes under the "Bevill" exclusion (see 40 CFR 261.4 (b)(7)(i) and (ix)). However, any domestic primary copper smelter which co-processes a listed hazardous waste would be forced to carry out the demonstration requirements of 40 CFR 266.112 in order to avoid losing the "Bevill" exclusion for the slags and slag tailings.

HADCO

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