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Fact Sheet (1994)

Permit Modification Sherwin-Williams Company The U.S. Environmental Protection Agency (EPA) intends to modify a permit issued to the Sherwin-Williams Company under the authority of the Hazardous and Solid Waste Amendments (HSWA) to the Resource Conservation and Recovery Act (RCRA). The proposed modification will add a requirement that Sherwin-Williams begin cleanup of soils at the more heavily contaminated properties in the area, and it provides for immediate and future interim measures. The original RCRA permit that EPA seeks to modify was issued to The Sherwin-Williams Company April 16, 1991, in a joint action by EPA and the Kansas Department of Health and Environment (KDHE). The portion of the permit issued under EPA authority contains requirements for the investigation and eventual remediation of releases from the facility. The portion issued under KDHE authority contains requirements for the post-closure care of a hazardous waste land disposal facility.

Contents of the Permit Modification

The permit modification contains certain minimum cleanup requirements, similar to those described at previous public meetings. They are summarized as follows:  All properties within the target area that were not sampled previously will be sampled.  Sherwin-Williams will remove contaminated soils at those residential properties within the target area that contain lead above 1,000 parts per million (ppm), down to a maximum depth of 18 inches. (One thousand PPM is the same as one-tenth of 1 percent, or 0.1 percent.)  Clean soil will be brought back into the properties, and a grass cover will be established.  Measures will be taken to prevent recontamination of cleaned properties.  Sherwin-Williams will submit for EPA approval a detailed workplan for completing the work required by the permit modification.

Permit Modification Process

EPA is pursuing the permit modification under the provisions of 40 CFR 270.41. The basic procedures for modifying a permit are as follows: EPA drafts the permit modification and assembles the administrative record that supports the modification. The draft permit modification and administrative record are available for public review at the Coffeyville Public Library, 311 West 10th Street, during normal library operating hours. EPA then seeks public comment on the proposed permit modification. The 45-day public comment period began July 18 and ends August 31. During this period, the public is encouraged to submit any comments to EPA on the permit modification, in writing. Comments will be considered only for those parts of the permit being modified. Sherwin-Williams is developing a workplan for implementing the cleanup required by the permit modification. The workplan may also be reviewed at the Coffeyville Public Library. EPA will make a final decision on the permit modification after the close of the public comment period. If EPA decides to issue the modification, it will, at the same time, issue a written response to all comments received during the public comment period. If no commenters request a change in the permit modification, then the modification will become effective immediately upon issuance. Otherwise, the modification will become effective 30 days after issuance. Within 30 days after issuance of the modification, any person who filed comments on the draft modification, or commented during the public hearing on the permit modification, may petition the Environmental Appeals Board to review issues addressed in their comments. Any person who failed to file comments or failed to participate in the public hearing on the draft modification may petition for administrative review only to the extent of the changes from the draft modification to the final modification.

Submitting Public Comments

Comments on draft permit modification should be mailed to: Mark Matthews WSTM/RCRA U.S. EPA Region 7 726 Minnesota Avenue Kansas City, Kansas 66101 All comments must be received by August 31, 1994. Questions may be addressed to Mr. Matthews by calling him at 913-551-7635. Additional information may also be obtained by calling Dale Armstrong, Region 7 Office of Public Affairs, at 913-551-7003, or Region 7's toll-free Environmental Action Line, 800-223-0425.

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