98-18463. Project XL Site-specific Rulemaking for OSi Specialties, Inc., Sistersville, WV

[Federal Register Volume 63, Number 132 (Friday, July 10, 1998)]
[Proposed Rules]
[Pages 37309-37311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18463]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 264 and 265

[IL-64-2-5807; FRL-6122-8]


Project XL Site-specific Rulemaking for OSi Specialties, Inc., 
Sistersville, WV

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental proposal.

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SUMMARY: This document proposes a narrow modification being considered 
by the EPA in implementing a project under the Project XL program for 
the OSi Specialties, Inc., plant, a wholly owned subsidiary of Witco 
Corporation, located near Sistersville, West Virginia (``the 
Sistersville Plant''). To implement this XL project, the EPA proposed 
on March 6, 1998, a site-specific regulatory deferral of certain air 
emission standards. That action has not yet been

[[Page 37310]]

promulgated. Today's document addresses the narrow issue of a condition 
contained in that proposed site-specific deferral, which requires the 
Sistersville Plant to conduct an initial performance test within 60 
days of initial start-up of a thermal oxidizer.

DATES: Comments on this document will be accepted through July 24, 
1998.

ADDRESSES: Docket. Supporting information for today's supplemental 
proposal is available for public inspection and copying at the EPA's 
docket office located at Crystal Gateway, 1235 Jefferson Davis Highway, 
First Floor, Arlington, Virginia. The public is encouraged to phone in 
advance to review docket materials. Appointments can be scheduled by 
phoning the Docket Office at [phone]. For information specific 
to today's supplemental proposal, refer to RCRA docket number F-98-
MCCA-FFFFF. For information used in developing the XL project and the 
proposed rule, refer to RCRA docket number F-98-MCCP-FFFFF.
    Hand delivery of items and review of docket materials are made at 
the Virginia address. To submit comments by mail, the mailing address 
for the RCRA docket office is RCRA Information Center (5305W), U. S. 
Environmental Protection Agency, 401 M Street SW, Washington, DC 20460.
    A duplicate copy of the docket is available for inspection and 
copying at U.S. EPA, Region 3, 1650 Arch Street, Philadelphia, PA 
19103-2029, during normal business hours. Persons wishing to view the 
duplicate docket at the Philadelphia location are encouraged to contact 
Mr. Tad Radzinski in advance, by telephoning [phone]. NOTE: 
comments will not be received at the Philadelphia location; All 
comments must be submitted to the RCRA Information Center (5305W), U.S. 
Environmental Protection Agency, 401 M Street SW, Washington, DC 20460.
    Comments: Written comments regarding today's supplemental proposal 
may be mailed to the RCRA Information Center of the U.S. Environmental 
Protection Agency, at the above-mentioned Washington, D.C. mailing 
address. Please send an original and two copies of all comments, and 
refer to Docket Number F-98-MCCA-FFFFF.
    The EPA will consider comments on this supplemental proposal that 
are received through July 24, 1998.

FOR FURTHER INFORMATION CONTACT: For information about this document, 
the proposed site-specific regulatory deferral, or the OSi XL project, 
please contact Mr. Tad Radzinski, U.S. Environmental Protection Agency, 
Region 3 (3WC11), Waste Chemical Management Division, 1650 Arch Street, 
Philadelphia, PA, 19103-2029, [phone].
    To be included on the OSi Specialties Project XL mailing list to 
receive information about future public meetings, XL progress reports 
and other mailings from OSi on the XL Project, contact: Okey Tucker, 
OSi Specialties, Inc., 3500 South State Rte. 2, Friendly, WV 26146. Mr. 
Tucker can also be reached by telephone at [phone].
    For information on all other aspects of the XL Program contact 
Christopher Knopes at the following address: Office of Reinvention, 
United States Environmental Protection Agency, Room 1029WT, 401 M 
Street, SW (1802), Washington, DC 20460. Additional information on 
Project XL, including documents referenced in this document, other EPA 
policy documents related to Project XL, regional XL contacts, 
application information, and descriptions of existing XL projects and 
proposals, is available via the Internet at ``http://www.epa.gov/
ProjectXL'' and via an automated fax-on-demand menu at [phone].

SUPPLEMENTARY INFORMATION: On March 6, 1998, the EPA proposed in the 
Federal Register (63 FR 11200) a conditional site-specific regulatory 
deferral to implement a project under the Project XL program. The XL 
project and the conditional site-specific deferral are applicable only 
to the Sistersville Plant. The proposed site-specific deferral would 
grant to the Sistersville Plant a conditional deferral from certain 
technical requirements applicable to two on-site hazardous waste 
surface impoundments. The standards proposed to be deferred are 
codified in 40 CFR parts 264 and 265 under subpart CC (referred to as 
the ``subpart CC standards'').
    The proposed site-specific deferral includes specific technical and 
administrative requirements for the operation of a thermal oxidizer at 
the Sistersville Plant. As proposed, the site-specific deferral 
requires the Sistersville Plant to perform initial start-up of the 
thermal oxidizer no later than April 1, 1998. The proposed deferral 
also requires the Sistersville Plant to conduct an initial performance 
test of the thermal oxidizer within 60 days of the initial start-up. 
That requirement is found at paragraph (f)(2)(ii)(B) in Secs. 264.1080 
and 265.1080 of the proposed site-specific deferral. See 63 FR 11200, 
March 6, 1998. It is this initial performance test deadline that is the 
subject of today's supplemental proposal.
    Following initial start-up of the thermal oxidizer on April 1, 
1998, the Sistersville Plant encountered certain operational 
difficulties related to the new equipment. At that time, 
representatives from the Sistersville Plant notified EPA of those 
difficulties. On May 26, 1998, the Sistersville Plant notified EPA that 
it would not be able to meet the proposed requirement to conduct the 
initial performance test by May 31, 1998, which is the date 60 days 
after initial start-up of the on-site thermal oxidizer. Representatives 
from the Sistersville Plant conveyed that they expected to conduct the 
initial performance test by the end of June 1998; however, they 
requested the deadline be extended by an additional 60 days to allow 
for possible further delays due to additional unexpected events.
    This missed deadline is a material failure by the Sistersville 
Plant to meet the provisions set forth in the Final Project Agreement 
(``FPA'') for the XL project, as well as the proposed requirements of 
the site-specific deferral. It is the expectation of all the 
stakeholders that the Sistersville Plant will adhere to its commitments 
to achieving the environmental benefits of this XL project in exchange 
for the site-specific regulatory flexibility provided by EPA and WV 
OAQ. The XL project and the related requirements of the proposed site-
specific deferral were developed by mutual agreement among EPA, the 
West Virginia Office of Air Quality (``WV OAQ''), and the Sistersville 
Plant. The FPA was made available for public review and comment on June 
27, 1997. See 62 FR 34748. Though not in itself an enforceable 
document, the EPA and the other Project XL stakeholders consider the 
FPA to be a clear expression of the Sistersville Plant's agreement with 
EPA and WV OAQ to comply with the specified project requirements, 
particularly the requirements to be codified through the site-specific 
deferral.
    Although the site-specific deferral is not yet promulgated, the 
provisions of that deferral, as proposed March 6, 1998, are currently 
applicable to, and enforceable against, the Sistersville Plant under a 
consent order issued by the WV OAQ. In discussions and correspondence 
with OSi, EPA has emphasized the importance of meeting deadlines 
contained in the FPA, and complying with the conditions contained in 
the proposed site-specific deferral. Upon promulgation, the site-
specific deferral will become directly

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enforceable by EPA, WV OAQ and citizens.
    The EPA and WV OAQ have reviewed documentation provided by the 
Sistersville Plant regarding their failure to conduct the initial 
performance test within 60 days of initial start-up, or May 31, 1998. 
It appears from that documentation that the Sistersville Plant made 
good faith efforts to comply with that requirement of the XL project, 
the proposed site-specific deferral, and the WV OAQ consent order. In 
recognition that the Sistersville Plant cannot possibly meet that 
passed deadline, and the site-specific deferral which proposed that 
requirement has not yet been promulgated, the EPA proposes to modify 
the site-specific deferral prior to its promulgation.
    The modification would extend by 60 days, the initial performance 
test deadline that was contained in the proposed site-specific 
deferral. The EPA proposes an extension period of 60 days in response 
to the Sistersville Plant's representative's written statement that the 
test could be accomplished by the end of June, 1998, but that the 
recent history of operational difficulties at the Sistersville Plant 
indicates additional time may become necessary. A copy of that 
electronic mail note, dated May 26, 1998 from Mr. Tony Vandenberg to 
Ms. Beth Termini and Ms. Michele Aston, has been entered into the 
docket for this supplemental notice. A recent telephone meeting between 
EPA and the Sistersville Plant confirmed that further delays to the 
initial performance test schedule have occurred, due to continued 
operational problems with the thermal oxidizer and severe inclement 
weather in the Sistersville, West Virginia area, and that the initial 
performance test is scheduled for July 14 and 15, 1998.
    The EPA proposes that extending the initial performance test 
deadline by 60 days will not result in significant, if any, decreases 
in the environmental benefits of this XL project. The Sistersville 
Plant has reported that the thermal oxidizer began operation on April 
1, 1998, and following some initial technical difficulties, has been 
fully operational in accordance with the conditions of the proposed 
site-specific deferral, since April 13, 1998. The primary purpose of 
the initial performance test is to set a site-specific operating 
temperature that will indicate the thermal oxidizer is achieving the 
required 98 percent by weight reduction of the organics in the 
controlled vapor stream, as set forth in the proposed site-specific 
deferral. The FPA and the proposed site-specific deferral set a default 
operating temperature of 1600 degrees Fahrenheit for the period prior 
to conducting the initial performance test. This requirement is 
contained in the proposed site-specific deferral at 
Secs. (f)(2)(ii)(A)(1)(I) of paragraphs 264.1080 and 265.1080, and is 
currently enforceable under the WV OAQ consent order. See 63 FR 11200, 
March 6, 1998. Because the Sistersville Plant has reportedly operated 
the thermal oxidizer at 1600 degrees Fahrenheit, EPA estimates that the 
Sistersville Plant has been achieving the majority, if not all, of the 
environmental benefits of the thermal oxidizer's operation since it 
first began its fully operational service on April 13, 1998.
    In light of the apparent good faith effort by the Sistersville 
Plant to meet the May 31, 1998 deadline for the initial performance 
test, their timely notification to EPA of the missed deadline, and 
their compliance with the requirements otherwise applicable to the 
thermal oxidizer (e.g., continuously operating the unit at 1600 degrees 
Fahrenheit), the EPA proposes to extend the deadline for the initial 
performance test.
    At the EPA's request, the Sistersville Plant has agreed to provide 
direct written notice of this issue to the XL project stakeholder 
group, and to notify this group that a Federal Register document will 
be published requesting public comment on this issue. The Sistersville 
Plant has also agreed that, upon publication of today's document in the 
Federal Register, it will promptly notify the stakeholder group, and 
publish a notification in the local Sistersville newspaper of the 
opportunity for public comment related to today's supplemental 
proposal.
    The EPA considers a 14-day comment period to be adequate for this 
document, due to the very narrow scope of the issue, the narrow 
applicability of the site-specific deferral being considered, and the 
extensive notice to interested parties that the Sistersville Plant will 
provide prior to, and immediately following, publication of this 
supplemental proposal in the Federal Register.

List of Subjects 40 CFR Parts 264 and 265

    Environmental protection, Air pollution control, Hazardous waste, 
Organics, Surface impoundment, Thermal oxidizer.

    Dated: July 7, 1998.
J. Charles Fox,
Associate Administrator, Office of Reinvention.
[FR Doc. 98-18463 Filed 7-9-98; 8:45 am]
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