Crompton Corporation (Formerly Witco Corporation)

Minutes for Meetings Used to Develop the Final Project Agreement

59639 9/10/96

OSi Specialties - Project XL July 30, 1996 Conference Call Minutes

I. Conference Call Participants

Jesse Barnhart Witco-OSi
Dale Koontz Witco-OSi
Okey Tucker Witco-OSi
Tony Vandenberg Witco-OSi

Dennis Heintzman Witco-OSi

Michele Aston EPA
Cheryl Atkinson EPA
Jim Cashel EPA
Julie Frieder EPA
Sabrina Johnson EPA
Beth Termini EPA
Jim Nortz Witco-WWH
Al Nesheiwat Witco-WWH
Brenda Gotanda Witco-Manko, Gold & Katcher
Tim Malloy Witco-Manko, Gold & Katcher
Jonathan McClung WV DEP (OAQ)

II. Summary of Discussions

A. Minutes Approved

The July 22-23 meeting minutes were approved and copies will be sent to everyone on the distribution list.

B. Process Flow Diagram and Air Emissions Estimate Basis

A draft Process Flow Diagram for WWTP with Air Emission has been circulated for review and comment. In addition, OSi has circulated a Summary of Methods for Estimating 1995 Air Emissions from the Methyl Capper Unit and Hazardous Waste Storage Tanks. Supplement E noted in the Summary will be attached to the final document when it is submitted to the administrative record. Copies of Supplement E are available upon request.

C. Stakeholder Involvement Plan

1. OSi will hold a public meeting, if interested parties are identified, at 5:00 p.m. on August 22 to educate interested parties on the basis for OSi's XL Project and on the laws and regulations that impact the project, such as RCRA and the Clean Air Act. If anyone would like to participate as faculty at the meeting, they should contact Dennis Heintzman.

2. State Senator McNaughton has agreed to attend the public meeting and offer his assistance, as needed.

3. OSi intends to advertise the public meeting on the local radio station and in the local paper. Invitations and advertisements will request an R.S.V.P. for planning purposes.

4. Cheryl Atkinson has gathered from EPA all available educational materials on RCRA generally and on Subpart CC specifically and will provide these to OSi for distribution at the public meeting. Videos are also available for purchase, if desired. Cheryl suggested that Dennis contact Region III's Public Environmental Education Center (215-566-5121) for public educational materials on air regulation.

5. Dennis reported that he had been contacted by Wendy Radcliff and she indicated that she would not be able to participate in the XL project due to time constraints. She encouraged OSi to involve environmental groups as much as possible. OSi is waiting to receive information on local environmental groups from the State. In addition, a meeting with NRDC is scheduled for August 1.

The current contact at NRDC, Christopher van Löben Sels, will be relocating to California. OSi will try to identify an additional NRDC contact person during the August 1 meeting who is based closer to the Sistersville plant.

6. The Stakeholder Involvement Plan will be prepared for review at the next XL group meeting.

7. Okey Tucker has secured a file drawer at the local library where the administrative record can be maintained locally.

8. OSi asked EPA whether they have developed any administrative record guidance. EPA replied that there is no guidance currently available but that the scope of the record will be dependent, in part, on which implementation mechanism is used (e.g., rulemaking, consent order, etc.). All stakeholder involvement activity should be documented in the administrative record.

D. Administrative Record

1. Beth suggested that OSi begin to compile the administrative record and assume responsibility for organizing it. OSi agreed to draft a base index of the relevant documents generated to date and to send a copy of the draft index to Beth for her to review and add any relevant EPA documents. OSi will be responsible for including new documents in the record as they are generated and for updating the index. Beth noted that all documents that influence EPA's decision to go forward with the XL Project must be included in the administrative record. She will forward relevant EPA documents to Okey to include in the record.

2. It was agreed that a complete copy of the administrative record will be kept in the file drawer at the local library and also at EPA Region III. EPA Headquarters will retain only an index of the administrative record, not a complete copy of the contents.

3. Beth suggested that an additional administrative record may be required for the implementing mechanism, such as if there is a site-specific rulemaking.

E. No Action Assurance

1. Tim Malloy has submitted a letter to Beth requesting that EPA issue OSi a "no action assurance" providing OSi with a grace period to come into compliance with RCRA requirements if necessary as a result of termination of Project XL negotiations. A similar request is being prepared and will be sent to Steve Hass at West Virginia DEP.

2. Beth noted that she has not had an opportunity to review the request but stated that EPA had some reservations since EPA did not yet have a definitive statement from OSi that the methyl capper unit would be installed at the Sistersville plant. OSi noted that it, like EPA, is investing significant resources in this XL Project. OSi added that there will be no resulting harm to the environment by granting OSi this grace period because the surface impoundments will be replaced with tanks and thus there will be no net change in the emissions from this source.

F. State and Federal Rulemaking

1. Dennis and Okey had a meeting with a West Virginia State Senator, Donna Boley, who believes that a bill implementing the project could be considered at next year's meeting of the legislature. She noted, however, that passage of a rulemaking based on existing statutory authority would be easier to accomplish. She also provided OSi with names of other contacts. OSi needs to get a draft document to her by September or October in order to get it on the legislature's calendar, which meets February through April. To date, Senators Boley and McNaughton have expressed interest in supporting the project.

2. Eli McCoy, Director of DEP, should be approached at some point to determine DEP's position on whether there is already a basis for rulemaking in the statute. In the interim, Tim and Brenda will contact Britt Ludwig to determine if DEP is willing to sponsor a rule based on existing authority.

3. Beth noted that EPA is still considering which mechanism to use in implementing the XL project. OSi expressed its strong preference for a site-specific rulemaking, noting that such mechanism appears to be the standard mechanism being incorporated in the majority of XL plans. It was also noted that permits have been included as the implementing mechanism in at least two other XL projects.

G. FPA Drafting Principles

EPA has recently released a document outlining the principles that should be followed when drafting an FPA. George Wyeth at EPA Headquarters has requested comments on this document from the EPA regions and from Project XL participants. OSi plans to review and, if appropriate, comment on the document. Beth requested that OSi send her a copy of any comments that OSi submits on this document.

H. Emissions Calculations

OSi is preparing emissions calculations and they should be available for EPA review by August 7 or 8.

III. Next Meeting

A. The next meeting will be held at the EPA Region III office in Philadelphia on August 13 at 9:00 a.m. A telephone connection will be provided for participation by West Virginia DEP and for those who are unable to travel to Philadelphia at that time. Also, OSi will provide a telephone connection at its Sistersville plant for local stakeholders who wish to participate.

B. Agenda

1. Draft Stakeholder Involvement Plan

2. Emissions Calculation

3. Final Project Agreement

4. Administrative Record Contents

5. Risk Evaluation

6. Project XL Timeline/Management Plan

7. No Action Assurance Update

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