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MPM Silicones, L.L.C. - November 11, 2015

November 11, 2015

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF ADJUDICATORY HEARING

Applicant: MPM Silicones, L.L.C., 260 Hudson River Rd., Waterford, NY 12188 (MPM). NYSDEC Hazardous Waste Management Facility Renewal Permit Application No. 5-4154-00002/00357; EPA ID No. NYD002080034

Facility Description: MPM currently owns and operates an industrial facility, Momentive Performance Materials, which treats, stores and ships hazardous waste generated on MPM's approximately 800-acre silicones manufacturing facility, located in the Towns of Waterford and Halfmoon, Saratoga County, New York. Hazardous wastes generated at this facility are incinerated on-site in one of the two on-site hazardous waste incinerators or shipped off-site to another hazardous waste treatment, storage and disposal facility.

Previous Notices: MPM applied to the Department of Environmental Conservation (DEC) to renew its 6 NYCRR part 373 hazardous waste management facility permit. A notice of complete application was published in the DEC's Environmental Notice Bulletin (ENB) on September 3, 2014, http://www.dec.ny.gov/enb/20140903_not5.html and in local newspapers during the week of September 1, 2014.A legislative hearing was held on October 8, 2014 at the Waterford Town Hall. Written comments on the draft renewal permit were received through October 20, 2014.

DEC staff issued the final permit on April 2, 2015 that modified MPM's previous permit. MPM requested a hearing on the permit on May 1, 2015. Pursuant to a notice dated June 30, 2015, and published in the ENB on July 8, 2015, http://www.dec.ny.gov/enb/102536.html and in local papers during the week of July 13, 2015 and announced on local radio on July 17, 2015, a public statement hearing was held at the Waterford Town Hall, 65 Broad Street, Waterford, New York on August 25, 2015 at 1:00 p.m. The notice also stated that written comments must be received by September 1, 2015 and petitions for party status must be received by 3:00 p.m., September 11, 2015. No members of the public appeared at the public statement hearing, and the Administrative Law Judge received no written comments or petitions for party status.

Adjudicatory Hearing: No issues conference was scheduled as Department staff and MPM Silicones, L.L.C. are the only parties and the parties resolved all issues raised in MPM Silicones request for hearing except two issues that remain for adjudication. An adjudicatory hearing will be held pursuant to 6 NYCRR part 624 on December 14, 2015 at 9:00 a.m. at the Waterford Town Hall, 65 Broad Street, Waterford, New York and will continue on successive days as necessary. The hearing is open to the public.

James T. McClymonds
Chief Administrative Law Judge
November 3, 2015
Albany, New York

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