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1992 .Y..`) 22 H'S 9 011
CLERK
TO THE (Or
January 19, 1998
Weld County Commissioners
915 10i° Street
Greeley, CO 80631
Dear Weld County Commissioners:
RE: Notification of Class 1 Modification of the Kodak Colorado
Division RCRA Part B Permit
Attached please find a letter requesting modifications to the Kodak Colorado
Division(KCD)RCRA Part B Permit to correct permit language regarding
Kodak's opportunity for a Dispute Resolution Procedure.
This notice is being mailed to you in accordance with 6CCR-1007-3, Part 100,
Section 100.63 (a)(1)(ii).
If you have any questions regarding this matter, please contact Mr. David C.
Andre', (970) 686-4498.
Sincerely,
'7)
44
David C. Andre'
Kodak Colorado Division
DCA:cch
enclosures
/7Z-- ( cLa237
/ /A EASTMAN KODAK COMPANY • 9952 EASTMAN PARK DRIVE • WINDSOR, COLORADO 80551 980227
[Kodak
VIA FACSIMILE AND
CERTIFIED MAIL
January 9, 1998
Stephen G. Hamel, Esq.
Assistant Attorney General
Office of the Attorney General
1525 Sherman Street, 5th Floor
Denver, Colorado 80203.
Mr. Clayton W. Trumpolt, P.E.
Engineer
Hazardous Waste Cleanup and Permitting Unit
HMWMD-HWC-B2
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530
Dear Mr. Hamel and Mr. Trumpolt:
This letter is written to request the Division's approval of a class 1 permit
modification to the Final RCRA permit issued on December 8,1997. As we
discussed in our telephone conversations, Kodak does not perceive the
Corrective Action Module, as issued, to be consistent with the resolution that
was agreed to in our meeting of October 22, 1997, to address Kodak's
concern that it must be provided with a meaningful opportunity for a hearing
or a Dispute Resolution Procedure prior to the agency's imposition of new
requirements to conduct more extensive assessments, additional remedial
measures, etc. At the meeting we were advised that the Division would use
the agency-initiated permit modification procedures in the regulations to add
new requirements or require revision of submissions. To the extent that the -
Division and Kodak agree to such additions or revisions, they would be
implemented via a Kodak-initiated class 1 permit modification with prior
agency approval. Kodak agreed to that resolution.
The permit, as issued, provides (in each of the paragraphs wherein we
requested a Dispute Resolution Procedure be made available) that the permit
will be modified by either a class 1 permit modification, with prior approval, or Kodak
Official Imaging
JoAnn E.Gould,Attorney,Corporate Legal Staff Sponsor
f°l the
Olympic Games
Eastman Kodak Company•343 State Street•Rochester, New York 14650-0217
Telephone: (716)781-5534•Facsimile: (716)724-5515 `R'
--2
an agency-initiated class 1 permit modification. In our December 18, 1997
telephone conversation, Mr. Hamel acknowledged that the Division's
regulations do not authorize an agency-initiated class 1 modification. He
indicated that the "agency-initiated class 1 modification" language is not what
was intended, and that the permit would be revised to correct any such
references. For your convenience, we have identified the paragraphs and the
language that must be revised.
1V.D.3., page 34:
Delete the last sentence which currently reads: "Any new investigation
requirement by the Division would be incorporated into the permit as a
class 1 permit modification with prior approval or as a class 1 permit
modification."
Replace with the following: "Any new investigation requirement by the
Division would be incorporated into the permit as a class 1 permit
modification with prior approval or through an agency-initiated permit
modification."
1V.E.3., page 35:
Delete words "as" and "class 1" (underlined) from the sentence which
currently reads: "The plan shall be incorporated into the Permit as a
class 1 permit modification with prior approval or as an agency-initiated
class 1 permit modification."
Replace "as" with "through" so that it reads: "The plan shall be
incorporated into the Permit as a class 1 permit modification with prior
approval or through an agency-initiated permit modification."
IV.F., page 36
Delete the portion of the last sentence which currently reads: "A Plan
for such investigation will be submitted to the Division as a class 1
permit modification with prior approval or as an agency-initiated class 1
permit modification ..."
Replace with the following: "A Plan for such investigation will be
submitted to the Division as a class 1 permit modification with prior
approval or be required through an agency-initiated permit modification
--3
IV.G.2., page 37
Delete the existing paragraph.
Replace with the following: "RFI Workplans will be submitted by
Permittee as class 1 permit modifications with prior approval, or if the
Division does not approve a Workplan, the Division will initiate a permit
modification to define the terms of the Workplan."
IV.1.2., pages 38-39, (paragraph 3)
Delete the underlined words "as" and "class 1" in the sentence which
currently reads: "If the Division disapproves the Report, the Division
shall notify the Permittee in writing of the Report's deficiencies and
specify a due date for submittal of a revised RFI Final Report as an
agency-initiated class 1 permit modification".
Replace "as" with "through" so that it reads: "If the Division
disapproves the Report, the Division shall notify the Permittee in writing
of the Report's deficiencies and specify a due date for submittal of a
revised RFI Final Report through an agency-initiated permit
modification."
IV.J., page 39
Delete the underlined words "as" and "class 1" in the 2n° sentence
which currently reads: "These will be submitted as a class 1 permit
modification with prior approval or as an agency-initiated class 1 permit
modification."
Replace "as" with "through" so that it r ads: "These will be subni ited
as a class 1 permit modification with prior approval or through an
agency-initiated permit modification."
IV.L.1., page 40
Because Kodak recognizes the Division's authority to require a CMS,
delete the sentence which reads: "This notice shall constitute an
agency-initiated permit modification or if instigated by the Permittee, as
a class 1 permit modification."
--4
IV.L.3., pages 40-41
Delete the "as" and the "class 1" from the third sentence, which
currently reads: "Either option shall be processed as an agency-
initiated class 1 permit modification."
Replace the "as" with "through", so that the sentence reads: "Either
option shall be processed through an agency-initiated permit
modification."
IV.N.2., page 41
Delete the underlined words "in" and "class 1" from the sentence which
currently reads "If the Division disapproves the final report, the Division
shall notify the Permittee in writing of deficiencies in the report in an
agency-initiated class 1 permit modification and specify a due date for
submittal of a revised Final Report."
And replace the "in" with "through" so it reads: "If the Division
disapproves the final report, the Division shall notify the Permittee in
writing of deficiencies in the report, through an agency-initiated permit
modification."
IV.N.3., page 41
Delete the words "in" and "class 1" from the last sentence, which
currently reads: "additional work would be specified in an agency-
initiated class 1 permit modification."
making it read: "additional work would be specified through an
agency-initiated permit modification."
I spoke with Mr. Hamel on January 9, 1998 and confirmed that this proposed
modification is approved and appropriate changes in the permit will be issued.
Thank you for your courtesy in addressing this matter.
Very truly yours,
C •
i r
Jo Ann E. Gould
(KCD RCRA PERMIT)
--5
cc: D. Andre
D. Darragh, Esq.
K Doolittle, Esq.
JCRA Facility Mailing List
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