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Waste, Pesticides and Toxic DivisionPesticide Environmental Stewardship
The Pesticide Environmental Stewardship Program (PESP) is a broad effort by EPA, the USDA, and the FDA to reduce pesticide use and risk in both agriculture and nonagricultural settings. In September 1993, the three agencies announced a Federal commitment to two major goals: Developing specific use/risk reduction strategies that include reliance on biological pesticides and other approaches to pest control that are thought to be safer than traditional chemical methods. By the year 2000, having 75 percent of US agricultural acreage adopt integrated pesticide management programs. During the fall of 1995, Region 5 Pesticides and Toxics Branch staff participated via conference call in the Headquarters Pesticide Environmental Stewardship Partnership (PESP) Liaison meeting. Region 5 had been previously involved with PESP projects and had expressed an interest in contacting Regional groups such as the Illinois Corn Growers Association for participation in the PESP program. Partners in the PESP program develop strategies to reduce risks from pesticides. Region 5 staff had some suggestions based on a visit with the Railroad Rights of Way Contractors Association, whose members are paid on the basis of total gallons of herbicide applied. Region 5 staff believe that EPA should encourage contracts allowing equal payment for successful control using less herbicide.
As of August 12, 1996, EPA headquarters has entered 47 partnership and 10 supporter PESP agreements. PESP partners are organizations that use pesticides or represent pesticide users. PESP supporters are organizations that do not use pesticides, but do have significant influence over pest management practices. For example, food processing companies that contract with growers may be partnership agreement supporters. The signed PESP agreements are only the first step. The next step is for the partner to prepare a risk reduction strategy; at this point, 5 strategies covering 19 of the partners have been written, with EPA headquarters staff acting as liaisons. One of the strategies addresses 15 utility partners that use pesticides for rights of way clearance.
Contact: David Macarus, (312) 353-5814
Lead Disclosure Final Rule Published On March 6, the long-awaited and much-anticipated lead (Pb) in the home real estate notification and disclosure rule, jointly issued by EPA and HUD, was published in the Federal Register (24 CFR Part 40 and CFR Part 745). Section 1018 of the Residential Lead-Based Paint Reduction Act of 1992 directed EPA and HUD to jointly issue regulations requiring disclosure of known lead-based paint (LBP) and/or LBP hazards by persons selling or leasing housing constructed before 1978. Among the requirements, the seller or lessor must disclose the presence of LBP hazards in the housing, provide an informational pamphlet on lead poisoning prevention and allow the buyer or renter a 10-day period to conduct an inspection or risk assessment of the property. Contracts must include disclosure and acknowledgment language. Effective dates of the rule are (1) September 6, 1996 for owners of five or more units, and (2) December 6, 1996 for owners of four or fewer units.
Contacts: David Turpin, (312) 886-7836
Meeting with Environmental Groups under Iron and Steel CSI On May 7, under the Common Sense Initiative (CSI) - Iron and Steel sector umbrella, a panel of federal and state regulatory staff explained enforcement in the iron and steel sector to representatives of about 10 regional and national environmental groups. Federal formal presentations focused on 3 principal areas: releases from integrated and mini-mills based on historical TRI data; inspection targeting; and the relationship between inspections and enforcement. These were coupled with informal presentations by both federal and state inspectors and enforcement staff on single and multi-media investigations. Questions were liberally taken during the course of the day. A set of written questions was generated which will be responded to by EPA Headquarters, Office of Enforcement and Compliance Assurance.
Contact: Mike Mikulka, (312) 886-6760
Enviro$en$e Electronic Resources Training Sessions On June 11-12, 1996, Louis Paley of the Office of Enforcement and Compliance Assurance, EPA headquarters, instructed over 50 Region 5 staff and managers during four sessions on the Enviro$en$e (E$) Communications Network. E$ is a public, free, inter-Agency communications and data base network related to compliance, enforcement, and pollution prevention. E$ provides documents, in full text, which may all be transmitted (downloaded) to one's PC, or viewed on screen. E$ contains thousands of files, including: laws, executive orders, regulations, policies, case studies, Federal Registers, SEPs and alternatives to toxic solvents. One may search, transfer files, or leave comments while on-line. The training, while focused on E$, included other Internet WorldWide Web sites. Training allowed for hands-on experience for computer information searches. Roving assistants were available to help trainees search and browse files. The Region's Library made a presentation on its ongoing role of assisting with information searches and discussed the thought process of setting up a search. The training succeeded in introducing a useful computer information tool. We have a few training notebooks available. If interested, please contact Phil Kaplan.
Contact: Phil Kaplan, (312) 353-4669
National Environmental Health Association Annual Conference, Chicago, Illinois On June 30-July 3, 1996, Waste, Pesticides and Toxics Division staff were among those who represented the Region at the subject conference. EPA staff were featured speakers at several sessions, including "Innovations in Pollution Prevention" and "Innovations in Site Remediation," which included a discussion on Operation Silver Shovel response activities. The conference was held in conjunction with the Canadian Institute of Public Health Inspectors.
Contact: Mary Setnicar (312) 886-0976
Pollution Prevention Team Helps Forge National Partnership with American Dental Association (ADA) On July 16, 1996, members of the Pollution Prevention and Toxic Reduction Teams, in cooperation with the Great Lakes National Program Office (GLNPO), participated in a conference call with Assistant Administrator for Water Robert Perciasepe (and other HQ staff) and the American Dental Association (ADA). ADA's request to meet with Mr. Perciasepe was a direct result of outreach efforts to the ADA brought by Region 5's Pollution Prevention and Toxic Reductions Team and the Great Lakes National Program Office. The Region held meetings with the ADA in April and June to discuss voluntary partnership activities designed to reduce releases of mercury to the environment. The meetings were cordial and productive, resulting in plans for cooperative efforts in education and outreach, bulk mercury collection, and possible joint research. The ADA desired to meet with HQ because it wishes to make its outreach efforts national. The ADA has already implemented some educational outreach, based on meetings with Regional staff. Within the next few months, further activities will be conducted.
Contact: Dan O'Riordan, (312) 886-7981
Idea for PCB "Clean Sweep" Explored On July 11, 1996, Waste, Pesticides and Toxics Division staff discussed an idea from the National Oil Recyclers Association (NORA) to prevent contamination of used oils with polychlorinated biphenyls (PCBs). NORA's general counsel, explained that NORA members receive "hot loads" that disrupt their business operations at high cost. NORA members would pick up and transport PCB-contaminated oils from their customers (excluding utilities and large, sophisticated corporations) to an appropriate facility for disposal of PCB-contaminated oils at-cost during a limited time period. Region 5's role would be to provide publicity and assistance in regulatory compliance. Additional work is required to determine whether the project is feasible, such as whether sufficient interest exists among NORA members and determination of final Toxic Substances Control Act (TSCA) permit conditions for the appropriate facility. If NORA members want to proceed with the project, an EPA representative will coordinate with the States with respect to used oil management standards under the Resource Conservation and Recovery Act.
The "clean sweep" idea is attractive to the Region because it is an opportunity to reduce potential mismanagement of PCBs, a persistent, toxic, bioaccumulative group of chemicals targeted by virtually all media programs. It is unlikely that the Region would know about all the instances of PCB mixing with used oil, which could end up in "on-spec" used oil fuel to be burned in any type of combustion device. A prevention approach makes sense in this situation.
Contacts: Sue Brauer (RCRA), (312) 353-6134
U.S. EPA participates in U.S. DOE P2 Conference On July 9-11, 1996, the U.S. Department of Energy (DOE) held its annual pollution prevention conference at the Drake Hotel in Chicago. Three Region 5 representatives participated in the "Regulatory Forum" session. Michelle Jordan, Deputy Regional Administrator, was the keynote speaker, and her presentation focused on the integration of pollution prevention into the traditional approaches to environmental protection at EPA. James Fillipini of Region 5's Water Division presented information on the Office of Enforcement Supplemental Environmental Project (SEP) implementation strategy, which allows for consideration of penalty offsets for pollution prevention projects. Other participants in the session included Peter Wise from Illinois EPA, Tony Sasson from Ohio EPA as well as representatives from industry. Donna Twickler of Waste Pesticides and Toxics Division moderated the session and presented a paper entitled "U.S. EPA Chemical Transfers", which she and Steve Gurski (Regional Health and Safety officer) authored. The paper summarized the steps taken in recent transfers of excess Central Regional Laboratory chemicals to other Federal Agencies and Northwestern University.
Contact: Donna Twickler, (312) 886-6184
Indiana Moves Closer to Full MSW Approval On December 12, 1995, Indiana's Solid Waste Management Board adopted final regulations for solid waste management facilities in Indiana. These regulations will now be reviewed/approved by the State Attorney General and then will be sent to the Governor for signature. Once these new regulations are signed by the Governor, Indiana will be able to apply to Region 5 for full approval of their municipal solid waste program. Indiana received partial program approval in November 1993. Pollution Prevention and Special Initiative Section staff have worked closely with the Indiana Department of Environmental Management (IDEM) during the regulation development process to ensure that the new requirements are consistent with the Federal Resource Conservation and Recovery Act Subtitle D program.
Contact: Susan Mooney, (312) 886-3585
Draft CAMU Petition Public Noticed On March 6, 1996, a draft Corrective Action Management Unit (CAMU) petition was public noticed for the BP Chemicals, Inc., facility in Lima, Ohio. BP Chemicals has proposed to have an area encompassing the mixed waste (hazardous waste and low-level radioactive uranium) ponds currently undergoing closure and two other ponds on the site designated as a CAMU to facilitate management of mixed waste soil, sludge and debris at the facility. Currently, off-site disposal is not available. Three landfills, meeting minimum technology requirements, will be created to dispose of the waste. These landfills constitute the CAMU. This action is part of ongoing corrective action required by a Resource Conservation and Recovery Act permit fort the site. Public hearings were held on April 10, 1996, and June 4, 1996. Region 5 approved the CAMU by letter dated July 9, 1996, and the approval is effective 30 days after receipt of the July 9 letter.
Contact: Dan Patulski, (312) 886-0656
U.S. EPA Approves Draft CMS Report for the Occidental Chemical Corporation (Oxychem), Facility in Kenton, Ohio (U.S. EPA ID No.: OHD 990 747 859) On March 13, 1996, the United States Environmental Protection Agency (U.S. EPA) modified and approved OxyChem's draft corrective measures study (CMS) Report dated February 13, 1996. OxyChem must incorporate U.S. EPA's modifications and submit the final CMS Report within thirty (30) days. U.S. EPA is currently developing a Statement of Basis (SB) that will propose a remedy to address contaminated soil that exceeds the 10-4 to 10-6 risk range under an industrial exposure scenario. After the SB is prepared, U.S. EPA will solicit public comment on all of the alternatives proposed in the final CMS report and U.S. EPA's proposed remedy. Upon consideration of the comments received, U.S. EPA will select the final remedy for the facility that will be documented in a Record of Decision.
Contact: Matt Ohl, (312) 886-4442
Wayne Disposal and Michigan Disposal's Draft RCRA Permit and Draft TSCA Approval Public Noticed On March 20, 1996, the draft Resource Conservation and Recovery Act (RCRA) permit for the Wayne Disposal, Inc. (WDI) and Michigan Disposal Waste Treatment Plant (Michigan Disposal) and the draft Toxic Substances Control Act (TSCA) approval for WDI was public noticed. The draft RCRA permit would allow Michigan Disposal and WDI to continue to operate their hazardous waste storage and treatment facility and hazardous waste landfill, respectively, in Belleville, Michigan. The draft TSCA approval would allow WDI to dispose of PCB wastes in its hazardous waste landfill. The public comment period for the draft RCRA permit and draft TSCA approval began on March 20, 1996, and was scheduled to end on May 4, 1996.
On April 23, 1996, a public meeting was held regarding the WDI/Michigan Disposal TSCA and RCRA permits in Belleville, Michigan to accept public comment on five state and federal permits. The five are: state and federal operating licenses under the Michigan Natural Resources and Environmental Protection Act and RCRA to continue operation of the hazardous waste storage and treatment facility and hazardous waste landfill, and a federal permit under TSCA to allow disposal of PCB waste in the hazardous waste landfill. At least 400 people attended an afternoon session, and 1000 people attended an evening session in Belleville, Michigan (east of Detroit on the border of Wayne and Washtenaw counties). Media interest was high with two TV stations, one radio station and 6 newspapers represented. All commenters opposed permits for the facility. While some only specifically mentioned the proposed TSCA permit, most also said the agencies should not renew the existing RCRA and Michigan permits or approve a storage area that is in interim status.
Representatives of numerous units of local government commented and read into the record resolutions opposing the permits. Congresswoman Rivers' staff attended and read into the record a statement opposing the permits. One state senator commented. Several local and Michigan environmental and public interest groups were represented. The common comments addressed: enforcement history of operator; odors (stench, gaseous odor, nauseating smell) from the facility; proximity of facility to Belleville Lake, which is connected with Lake Erie; health and environmental effects of PCBs.
EPA and MDEQ held afternoon and evening follow up Q/A sessions on May 1, 1996. The second public comment period closed on July 29, 1996. EPA and MDEQ received more than 1,200 comments on the proposals. Agency staff will address each comment in a "responsiveness summary" which will be issued along with the agency decisions.
Contact: Shari Kolak, (312) 886-6151
Administrative Hearing Re: Methyl Parathion Misuse On May 1, 1996, David Star testified at an administrative hearing conducted by the Michigan Department of Agriculture, in Detroit, Michigan. The administrative hearing was held to present evidence against Hudson Pest Control Company of Detroit, Michigan, for the purpose of revoking the company's license to engage in the business of pest control and to revoke the certification of the commercial applicators associated with the business. Hudson Pest Control Company is one of two (2) companies which have been issued cease and desist orders for the alleged illegal sale and use of methyl parathion in residential homes, in the Detroit metropolitan area. Dave assisted the Michigan Department of Agriculture in their field investigation of this company, during 1995. The administrative hearing officer issued an opinion during the summer of 1996.
Contact: David Star, (312) 886-6009
"Recycling Loop" Presentation, Cleveland, Ohio On May 21,1996, Pollution Prevention and Special Initiatives staff gave a presentation on closing the "Recycling Loop". Participation was positive though attendance was small. The "Recycling Loop" presentation has been trying to persuade government and private sector purchasing officials to buy recycled content products. Staff gave briefings on Comprehensive Procurement Guidelines (CPG), the Municipal Solid Waste problem (landfill space, groundwater contamination, etc), and resources available to aid officials in closing the "Loop" (directories, catalogs, phone numbers, etc). Staff also included shopping at home tips to encourage recycle content product awareness at home. The next presentation is scheduled for Chicago in Late July.
Contacts: Bob Harris, (312) 886-7577
Ross Incineration and Consent Order Signed, Grafton, Ohio On May 30, 1996, under the imminent hazard authority of Section 7003 of RCRA, Region 5 entered an Administrative Order on Consent with Ross Incineration Services, Inc. In the Order, Ross admits EPA's jurisdiction and authority to enforce the order but does not admit to the findings of fact, which include allegations of multiple explosions and fires at the facility in Grafton, Ohio. In addition to placing strict limits on the operation of the incinerator, the Order requires Ross to hire a consultant to conduct a Hazard and Operability (HAZOP) Study, which is a rigorous analysis of the facility's operations, processes and procedures. Ross will be required to make improvements following U.S. EPA's review of the study. The Order also requires Ross to conduct emissions testing after the improvements have been made.
Ross cannot resume full operations (as allowed under its RCRA permit) until after the improvements have been made and the testing has been completed. However, in the meantime, Ross will be allowed to resume limited operations, now that the incinerator has been restored to operating condition. The Order sets specific limits on the types and amounts of wastes that can be fed into the incinerator through some of the feed mechanisms during this period of limited operation.
Following a 30-day public comment period, the Order was modified. The Order is anticipated to be finalized and entered with the Regional Hearing Clerk in the fall of 1997.
Contact for permitting: Mike Galbraith, (312) 886-6182
Joint RCRA Facility Assessment (RFA) Site Inspection at Petro-Chem Processing On May 30, Ross del Rosario and Greg Rudloff of the IL/IN/MI Section participated in a Resource Conservation and Recovery Act (RCRA) Facility Assessment (RFA) visual site inspection at the Petro-Chem Processing Group (MID 980 615 298) facility in Detroit, Michigan. Petro-Chem, primarily a fuel blender and solvent recycler, has an extensive waste management operation at the Detroit site (authorized container storage capacity of 100,000 gallons and tank treatment & storage capacity of 1 million gallons). The facility has been operating under interim status since 1981 and is also operating under the terms and conditions of a State Consent Order entered on November 1981. This inspection was conducted jointly with representatives from the Michigan Department of Environmental Quality (MDEQ). Although Region 5 completed an RFA in 1988, the findings and recommendations contained in that report have been made obsolete due to numerous plant changes and actions taken by the facility (e.g., facility-wide paving and additional processes). Also, the recent submission (9/95) of a RCRA Part B permit application necessitated this inspection. While the State of Michigan has been authorized by U.S. EPA to implement the corrective action program (as of April 8, 1996), it was decided by both regulatory agencies that a joint effort would be advantageous in this situation.
Some benefits gained by this joint effort include: 1) The State was able to get some ideas on how the Region conducted RFAs through inter-agency sharing of documents and guidances during preparation for the inspection; 2) arguably, a better product will come out of this joint effort since more staff, State and Regional, participated; and, 3) although this effort is State-led, the Region's participation will put it in a better position to react, in a pinch, to corrective action issues concerning this facility. Region 5 and MDEQ have agreed to exchange information they have gathered in the inspection, with MDEQ incorporating all data into an RFA report. This RFA report will be used as the basis for requiring Petro-Chem to do corrective action work, if necessary, in a future State license. A draft RCRA permit is targeted for issuance in about a year.
Contact: Ross del Rosario, (312) 886-6195
Wickliffe Crane Center, Solon, Ohio On June 27, a Consent Agreement and Consent Order (CACO) was entered with the above resolving alleged violations of the PCB use, marking, storage, and record keeping rules under TSCA. Under the terms of the CACO, Wickliffe will pay a $52,000 penalty.
Contact: Scott Cooper, (312) 886-1332
Adams Center Landfill, New Haven , Indiana On January 16, 1996, public notice was given for the leachate management Response Action Plan (RAP) for the original disposal cells of the Chemical Waste Management of Indiana, Adams Center Landfill, New Haven, Indiana (CWMI). During the 1994 public comment period for CWMI's draft modified Federal permit (which resulted from the resolution of CWMI's permit appeal), an updated version of the RAP was not available. Local citizens requested that Region 5 allow public comment on the revised RAP, when it becomes available. In response, the updated RAP was given public notice on January 16, 1996, and the hearing was conducted on February 22, 1996. The public comment period ended on March 1, 1996. Inclusion of this RAP into the CWMI Federal permit will conclude Region 5's resolution of CWMI's permit appeal.
On March 27, 1996, Region 5 signoff was completed for the final modified permit for CWMI. This action integrates the leachate response action plan into the permit for the original portion of the landfill and is the final resolution of all previous appeals of the Federal permit for CWMI. This final action also clears the way for the processing of two Class 3 permit modifications for the addition of four new cells to the facility. These modifications will be coordinated with the State.
On July 16, 1996, Region 5 staff conducted a public hearing for draft modifications to the Federal RCRA permit for CWMI. The leachate collection RAP, for a portion of the facility to be closed, was discussed. Following the formal portion of the hearing, an intense but productive question and answer session was held with the community members. The public comment period ends on July 19, and more written comments are anticipated. Finalization of the Federal permit will clear the way for implementation of required air monitoring programs at the facility.
Contacts: Don Heller, (312) 353-1248
Delisting Petition for General Motors Corporation On July 23, 1996, a notice of deficiency was sent to General Motors Corporation in response its petition to delist wastewater treatment plant sludge listed as a hazardous waste (F019 under the Resource Conservation and Recovery Act regulations) generated at the Orion Assembly Center in Lake Orion, Michigan. The sludge is generated during the treatment of wastewater from the zinc phosphate coating of auto bodies. After a response is received and reviewed, the Region will propose to approve or disapprove the petition in the Federal Register. If approved, the petitioned waste would no longer be considered a listed hazardous waste and could be managed as a non-hazardous solid waste.
Contact: Steven Pak, (312) 886-4446
General Motors-Pontiac, Michigan Open Forum and Resulting PCB Inspections On June 25, 1996, the Waste, Pesticides and Toxics Division assisted Region 5's Southeast Michigan Initiative (SEMI) Team in an open discussion conducted in the Council Chambers of the City of Pontiac. In attendance were Pontiac citizens, various environmental groups, Michigan Department of Environmental Quality (MDEQ) staff, General Motors (GM) representatives, EPA Region 5 staff, and the Mayor of Pontiac. The citizens of Pontiac alleged violations of environmental laws by General Motors. Representatives of GM and the MDEQ agreed to move forward to further address environmental concerns generally involving the contaminants lead, mercury, cadmium and polychlorinated bephenyls (PCBs).
As a result of the June 25, 1996, meeting, Region 5 Pesticides and Toxics Enforcement Section staff spent a week in Pontiac, Michigan inspecting GM facilities and investigating citizens' allegations that General Motors mismanaged PCB-contaminated foundry sands. The EPA inspectors conducted PCB inspections at the GM facilities where employees were interviewed and samples were taken. Additionally, the inspectors found evidence of PCB contamination unrelated to foundry sand. This contamination had been documented by GM through a site assessment. The site is on GM property and a remediation plan for that site has been proposed.
Contact for meeting: Tony Silvasi, (312) 886-6878
Region 5 Attends Great Lakes Pollution Prevention Roundtable (GLPPR) Representatives from Region 5 attended the semi-annual, two-day Great Lakes Pollution Prevention Roundtable (GLPPR), held August 8-9 in Cleveland, OH. More than 100 federal, state, local, and business officials from the Unites States and Canada convened to report-out and discuss successful Pollution Prevention (P2) initiatives and how to better integrate P2 philiosophies into standard operating procedure. The Region reported out on a number of its own initiatives. Through a grant, the Region helps fund the semi-annual meetings and other its other clearinghouse activities.
Contact: Dan O'Riordan, (312) 886-7981 . Last Update: October 25, 1996 |
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