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EMCAG
Members and Alternates Present: Jim Condict, Linda
Cook, Tom Essex, John
Freitag, Rod Maclay, Kendall Mix, Gwenda Smith, Scot Stokoe, and
Bob Walker
Strafford Technical Advisor:
Sally Mansur
Copperas Hill Coalition:
Kathy Hardy and Fred Moody
Agency of Natural Resources:
George Desch
EPA: Ed Hathaway
and Bill Lovely
US Army Corps of Engineers:
Scott Acone
AD Little, Inc.:
Scot Foster and Francisco Silva
Facilitator:
Cindy Cook, Adamant Accord, Inc.
The meeting began at 7:03 PM.
Agency of Natural Resources (ANR) Update
Proposed Rule Change
George Desch discussed ANR's proposed rule change that would modify
the Vermont
Solid Waste Rules, and allow the Secretary of ANR discretion in
applying these rules. To
waive technical and siting requirements, the Secretary must make
written findings that
the proposed action will not adversely affect public health, safety
or the environment,
and that the requirements are met to the greatest extent practicable.
A copy of the
proposed rule is attached hereto.
The process for reviewing the proposed rule is as follows: The proposed
rule will be filed
with the Secretary of State on February 1. On March 7, ANR will
hold a public hearing to
receive comment on the rule change at the Pavillion Building in
Montpelier. The ANR will
then prepare a responsiveness summary. The proposed rule, if approved,
will become
effective May 16.
George noted that a guidance document to help ANR interpret the
rule change would be
helpful. Bob suggested that ANR discuss the proposed rule change
with environmental
groups, so that any concerns they may have can be addressed promptly.
John
expressed his appreciation of ANR's flexibility.
Legislative Hearing
George Desch told the CAG that the house and senate natural resource
committees will
hold a joint hearing about hazardous waste sites in Vermont on January
24.
New O&M Cost Estimates
Ed reported that EPA consulted with five firms that are international
experts in mine
cleanups. These experts concluded that the previous estimates regarding
O&M costs are
significantly lower than they should be. The experts commented that
from an
engineering perspective, TP3 should be removed. Ed noted that these
experts did not
take into account historic preservation considerations.
George Desch said that ANR supports the preservation of all of TP3,
provided that
funding for O&M is available. If funding from the legislature
is not available, EPA will
need to reassess the removal of some or all of TP3.
Summary of 1/17 Geotechnical
Meeting
Ed and Francisco Silva summarized a geotechnical meeting held in
Boston on January 17.
Hey thanked John Frietag and Dick Mcgauh for traveling to Boston,
and noted that
everyone was generally in agreement regarding issues that need to
be addressed
during the design phase, including slope stability. The one issue
that was not left open
in the EE/CA is the possibility of not having a cover system over
part or all of TP1 and
TP2. John thanked EPA staff and contractors for their flexibility.
Funding
Ed estimated that there is a 50-50 chance that the cleanup will
be funded this year. It
could take several years to obtain funding.
Cover System for TP1 and TP2
Ed noted that there are two reasons to build a cover system over
TP1 and TP2:
1. to reduce water infiltration through he tailings, and .
2. to comply with the Vermont Solid Waste Regulations.
George Desch said that if the data collected during the design phase
show that a cover
system would not significantly reduce flows, he would agree to seek
a waiver of the
Solid Waste Regulations. John Freitag said that he believed that the
decision of whether
or not TP1 and TP2 were covered should be based on what makes most
sense
scientifically, and that if the data show that it's needed, a cover
should be constructed.
Historic Mitigation
Ed said that in early March, EPA would begin defining mitigation options.
He also noted
that if TP3 is preserved, the mitigation package will be smaller than
if part or all of it is
removed.
December 12 Meeting Summary
The December 12, 2001 meeting summary was reviewed and unanimously
approved.
CAG Agreement re Media Contact
Linda Cook said that she would like the EMCAG to take a proactive
approach to
informing and updating the public. She suggested drafting a monthly
article for the
Strafford News. Everyone agreed to this proposal, and Bob volunteered
to draft an
article.
Copperas Hill Coalition (CHC) Update
Kathy Hardy noted that CHC consultants Richard Downer and Woody Reed
reviewed
and commented on Dick Mcgaugh's report, and that they would also review
the new
O&M cost estimates.
The meeting adjourned at 8:58.
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