[Federal Register Volume 62, Number 207 (Monday, October 27, 1997)]
[Notices]
[Pages 55637-55638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28372]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5914-1]


Regulatory Reinvention (XL) Pilot Projects

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of signing of OSi Project XL Final Project Agreement.

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SUMMARY: EPA, the West Virginia Department of Environmental Protection, 
and OSi Specialties, Inc. (a subsidiary of Witco Corporation) signed a 
proposed Project XL Final Project Agreement (FPA) for OSi in 
Sistersville, West Virginia. The FPA is a voluntary agreement developed 
collaboratively by OSi, stakeholders, and state and federal regulators. 
The availability of the draft FPA and related documents was announced 
in the Federal Register on June 27, 1997 (FRL-5849-5). Project XL, 
announced in the Federal Register on May 23, 1995 (FRL-5197-9), gives 
regulated sources the flexibility to develop alternative strategies 
that will replace or modify specific regulatory requirements on the 
condition that they produce greater environmental benefits. EPA has set 
a goal of implementing a total of fifty projects undertaken in full 
partnership with the states.
    Under the FPA, OSi will install an incinerator and route the 
process vents from its polyether methyl capper production unit to that 
incinerator for control of organic air emissions. OSi estimates this 
will reduce the facility's organic air emissions by about 309,000 
pounds per year for substantially lower cost than compliance with 
regulations to be deferred under the Project. In addition, OSi will 
recover and reuse an estimated 500,000 pounds per year of methanol that 
would otherwise be disposed of through the facility's on-site 
wastewater treatment system and would divert about 50,000 pounds per 
year of organic air emissions from the wastewater treatment unit to the 
incinerator. This will result in a reduction in sludge generation from 
OSi's wastewater of 815,000 pounds per year. Lastly, OSi will conduct a 
waste minimization/pollution prevention (WMPP) study which is expected 
to result in additional reductions in waste generated at the facility. 
As an incentive for OSi to take these environmentally beneficial 
actions, EPA has agreed to propose for public comment and promulgate 
(subject to review of public comment) regulations deferring the 
application, to the facility's two hazardous waste surface 
impoundments, of subpart CC of 40 CFR parts 264 and 265 which was 
promulgated under the authority of the Resource Conservation and 
Recovery Act (RCRA subpart CC). Also, the West Virginia Department of 
Environmental Protection (WVDEP) has agreed to enter into a consent 
order with OSi to defer application of the state equivalent of RCRA 
subpart CC to the surface impoundments. Subsequently, WVDEP has agreed 
to propose and promulgate (subject to review of public comment and 
legislative approval) regulations incorporating EPA's deferral of RCRA 
subpart CC by reference. In addition, EPA has agreed to propose and

[[Page 55638]]

promulgate (subject to review of public comment) regulations deferring 
the application of proposed Clean Air Act subpart YYY volatile organic 
compound emission standards for OSi's wastewater collection and 
treatment system (40 CFR part 60, subpart YYY) (CAA subpart YYY) for 
each WMPP opportunity that the agency determines meets the criteria set 
forth in the FPA, if CAA subpart YYY applies to that activity. WVDEP 
has also agreed to enter into a consent order with OSi to defer 
application of CAA subpart YYY to the extent that it is directly 
enforceable by WVDEP. Subsequently, WVDEP has agreed to propose and 
promulgate (subject to review of public comment and legislative 
approval) regulations incorporating EPA's deferral of CAA subpart YYY 
by reference. The CAA subpart YYY relief involves a deferral of subpart 
YYY if OSi begins recovery of CAA subpart YYY substances as a result of 
its waste minimization efforts and if the final CAA subpart YYY 
regulations apply to such activities. This deferral would be granted 
only if there is no resulting emissions increase from the facility's 
wastewater system or if organic air emissions increases from all YYY 
deferrals do not exceed 15,000 pounds per year (about 5 percent of the 
Project's expected air emission reductions). These deferrals will last 
until the required compliance date of the national emission standards 
for hazardous air pollutants from miscellaneous organic processes (the 
``MON''). It is expected that the MON will require installation of 
process vent controls similar to the control for the polyether methyl 
capper unit process vent emissions to be implemented under the Project. 
As a result, the Project will be reevaluated at that time to determine 
whether additional environmental benefits provided by the Project 
warrant the continuation of the regulatory flexibility granted by the 
Project. If continuation is warranted, then the FPA and other 
appropriate documents (e.g., permits, regulations, orders, etc.) will 
be amended as necessary. If EPA or WVDEP does not determine that 
continuation of the Project is warranted, the Project will end on the 
required compliance date of the MON.

DATES: The FPA was signed on October 17, 1997.

FOR FURTHER INFORMATION CONTACT: To obtain a copy of the Final Project 
Agreement or other information about the Project, contact: Cheryl 
Atkinson, U.S. EPA, Region III, 841 Chestnut Street (3HW70), 
Philadelphia, PA 19107, or L. Nancy Birnbaum, U.S. EPA, 401 M Street, 
SW, Room 3134CY Mall (2129), Washington, DC 20460. Information on the 
Project is also available via the Internet at the following location: 
``http://www.epa.gov/ProjectXL''. In addition, public files on the 
Project are located at both the local Sistersville library and EPA 
Region III in Philadelphia. Questions to EPA regarding the Project can 
be directed to Cheryl Atkinson at (215) 566-3392 or L. Nancy Birnbaum 
at (202) 260-2601. To be included on the OSi 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., Witco Corporation OrganoSilicones Group, 1500 
South State Route 2, Friendly, WV 26146. Mr. Tucker can also be reached 
by telephone at (304) 652-8131. For information on all other aspects of 
the XL Program contact Christopher Knopes at the following address: 
Emerging Sectors and Strategies Division; United States Environmental 
Protection Agency; 3202 Mall; 401 M Street, SW; Mail Code 2129; 
Washington, DC 20460. The telephone number for the Division is (202) 
260-5754. The facsimile number is (202) 401-6637. Additional 
information on Project XL, including documents referenced in this 
notice, 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 
(202) 260-8590.

    Dated: October 15, 1997.
Nancy Birnbaum,
Acting Director, Emerging Sectors and Strategies Division.
[FR Doc. 97-28372 Filed 10-24-97; 8:45 am]
BILLING CODE 6560-50-P