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Crompton Corporation (Formerly Witco Corporation)

June 3, 1997 Conference Call Minutes


I. Conference Call Participants

  • Dennis Heintzman, Witco-OSi
  • Okey Tucker, Witco-OSi
  • Tony Vandenberg ,Witco-OSi
  • Tim Malloy, Witco-Manko, Gold & Katcher
  • Brenda Gotanda, Witco-Manko, Gold & Katcher
  • Beth Termini, EPA Region III
  • Cheryl Atkinson, EPA Region III
  • Michele Aston ,EPA OAQPS
  • Nancy Birnbaum, EPA Headquarters
  • Sherri Stevens, EPA Headquarters
  • John Fogarty, EPA Headquarters
  • Lucy Pontiveros, WV DEP
  • Jonathan McClung,WV DEP
  • Britt Ludwig, WV DEP

II. Draft Final FPA

A. Okey advised the Workgroup that Beth and Brenda are working on the last round of revisions to the Draft Final FPA and are hoping to finalize the document within a week or so. Beth added that EPA has performed all of its internal briefings on the FPA and does not expect to have further comments/revisions for the document, other than those already provided to OSi this week. The Workgroup briefly discussed some of those revisions.

B. There was some discussion concerning the appropriate language to use in describing the obligations of the parties during the post-Project compliance period. OSi will draft some language for the agencies to review which is consistent with terms set forth in the consent agreement/orders already negotiated between the parties.

C. The agencies confirmed that John H. Johnston has replaced Dale Farley as Chief of the WVDEP's Office of Air Quality as of June 1. Okey inquired whether Mr. Johnston has been briefed concerning the OSi XL Project. Lucy stated that she is trying to schedule a briefing for him on the Project for later this week. Okey stated that OSi would be happy to take part in the briefing if it would be helpful.

D. Beth noted that EPA has received from OSi the additional milestones to be included in the incinerator implementation schedule.

E. The Workgroup discussed various citations which will be used as references in the FPA. Beth will provide Brenda with some references to HON provisions that EPA would like to have included in the FPA. Britt will send Brenda citations to the West Virginia FOIA and CBI provisions.

F. Nancy noted that until the FPA is signed, the document should be marked as "draft final."

III. Administrative Record

A. There was some discussion concerning which documents should be included in the administrative record and whether it is appropriate to include drafts of the FPA or of other documents prepared during the negotiations. Tim inquired whether EPA has any written policies or guidance documents pertaining to which documents should be contained in an administrative record for an XL project. Beth stated that the agency does not have any documents which address the issue. EPA will discuss the matter internally and then report back to the Workgroup.

B. Prior to finalizing the administrative record, EPA will circulate to the Workgroup for review an index of the documents which EPA has slated for inclusion in the record. The Workgroup will review the index to ensure that all pertinent documents have been included.

C. Nancy informed the Workgroup that it is not necessary to finalize the administrative record prior to putting the FPA out for public comment. John Fogarty added that this procedure is different from that used for a proposed rule where a complete docket must be assembled prior to public notice.

IV. Schedule

A. Okey inquired whether the dates set forth on the Project Schedule attached to the Minutes of April 25, 1997 are still feasible. Beth stated that it appears that we are on schedule. She advised that it is not necessary to obtain AA level concurrence prior to putting the FPA out for public comment. She added that once this final round of revisions is complete, the FPA notice of availability can be published in the Federal Register.

B. Tim inquired as to what level of review is necessary at EPA prior to putting the FPA out for public comment. Beth stated that division director briefings are necessary, but that these have already taken place. She added that they are now in the process of briefing the Regional Administrator.

C. Britt stated that she will try to have a draft WVDEP consent order for Project implementation completed by the end of the week. The Project Schedule was modified to reflect that this order will be negotiated and finalized by June 30.

D. Okey asked about the status of FPA review at WVDEP. Lucy noted that all necessary review at WVDEP is complete, however, they still need to hold a briefing with John Johnston.

E. The Workgroup expects to have the FPA out for public comment by June 16. Okey suggested that a public meeting to accept oral comments take place on July 1 or 2 in Sistersville.

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