Significant Developments and Activities Report

LAND AND CHEMICALS DIVISION
Weekly Significant Developments and Activities Report
November 6, 2009

Wisconsin's Authorized Lead (Pb) Renovation Program First in the Nation

Since receiving the self-certification application from the Wisconsin Department of Health Services (WDHS) for authorization to administer and enforce its own state Pb renovation, repair and painting program in lieu of the federal program, on October 20, 2009, LCD has reviewed the application and determined its completeness. A letter is currently in sign-off for Wisconsin to formally acknowledge its authorized program status, and a press release is planned to announce this significant program milestone. Wisconsin's program will be the first such program to be authorized in the country. Governor Doyle certified that the state's program is "as protective as" the federal program, and that it will provide for "adequate enforcement," thereby fulfilling the statutory criteria under TSCA for state program authorization. Under EPA rules, when a state submits a self-certification application, the state program becomes effective immediately upon receipt by EPA, and then remains in effect until EPA either disapproves or withdraws program authorization. Under this program, Wisconsin will require that contractors who disturb lead-based paint during renovation, repair and remodeling activities in pre-1978 housing and child-occupied facilities must be properly trained and certified, and follow certain lead-safe work practices. The state will also require accreditation for training providers who teach renovation courses, and will collect fees from trainers, renovation firms and individual contractors in lieu of the federal fees.

Contact: Marlyse Wiebenga, (312) 886-4437, Chemicals Management Branch

Soil Fumigant Flux Study, Part 2

On October 28, 2009 Strategic Agricultural Initiative (SAI) Coordinator Seth Dibblee, participated in the second of two field projects undertaken to demonstrate reduced emissions for soil fumigants in Howard City, Michigan. Potato and vegetable growers in Wisconsin and Michigan contracted with an environmental consulting firm to monitor excess emissions of metam sodium during application and for 48 hours thereafter.

Metam sodium (one of several soil fumigants subject to new restrictions in the coming two years) was applied by direct soil injection in two one-acre plots at the maximum rate allowed on the label; the application in one field was followed by irrigation to seal in the fumigant. The growers hope to demonstrate that this application method significantly reduces air emissions, such that the extensive buffer zones recently proposed to protect farm workers and bystanders are not needed.

The Office of Pesticide Programs has proposed extensive buffer zones, among several other exposure reduction strategies, which will be phased into the labels over the next two years. The growers are concerned about the potential adverse impact of the buffer zones in the Upper Midwest, where the potato fields are smaller, numerous, and irregularly shaped, compared to those elsewhere in the U.S.

Moreover, Michigan growers already rotate crops to reduce target pest populations, and test approximately 40% of the soils for those organisms, and will fumigate--typically at the minimum rate on the label--only when the populations are above established thresholds. This year, Michigan growers are particularly concerned about their difficulty harvesting potatoes following several weeks of cool, rainy weather.

Contact: Seth Dibblee, (312) 886-5992, Chemicals Management Branch

LCD & National Tribal Lead (Pb) Workgroup

On October 28, 2009, LCD Lead (Pb) Program staff attended the OPPTS Tribal Lead Workgroup Meeting held in Washington DC. The purpose of this meeting was to discuss the status of tribal grant opportunities for 2009/2010, OPPTS tribal outreach activities, which includes EPA sponsored Tribal specific Public Service Announcements (PSAs) and the OPPTS Tribal Newsletter (the next issue, due out in the spring 2010 will highlight Region 5’s tribal lead based paint program). Emma Avant provided the group with details of the Region 5 program, in particular the workgroup was interested in the Direct Implementation Tribal Cooperative Agreements (DITCAs) that LCD has with the Bois Forte Tribe in Minnesota, the Oneida Tribe in Wisconsin, and the Inter-Tribal Council of Michigan.

The meeting also consisted of presentations from partnering programs. Jeff Besougloff, Senior Policy Advisor of the Agency’s American Indian Environmental Office (AIEO) provided the group an update on activities that are currently being implemented in AIEO, such as personnel selections and the repositioning of the Office from the Office of Water to the Office of International Affairs. Jeff also discussed his AIEO’s position on alternative activities that promote tribal capacity building such as DITCA’s and other innovative initiatives. Eric Hornbuckle, Special Assistant to the Director, U.S. Department of Housing and Urban Development (HUD), Office of Healthy Homes and Lead Hazard Control was also present. Eric expressed HUD’s interest in partnering with OPPT as we develop our Tribal Lead Program. Eric also shared information regarding funding opportunities that HUD currently has available for tribes.

Contact: Emma Avant, (312) 886-7899, Chemicals Management Branch

West Michigan Children’s Health Initiative Featured at CDC’s Environmental Public Health Conference

Maryann Suero participated in a panel on the West Michigan Children’s Health Initiative at the National Environmental Public Health Conference, sponsored by Centers for Disease Control and Prevention's (CDC) National Center for Environmental Health and the Agency for Toxic Substances and Disease Registry, in Atlanta, GA. Other West Michigan panel contributors included Robert Wahl, Michigan Department of Community Health, Mary Lee Hultin, Michigan Department of Environmental Quality, Michelle Poeder-Davis and Dave Kraker, Kent County Health Department and Clinton Boyd, Sustainable Research Group.

The conference, “Healthy People in a Healthy Environment,” held October 26-28, 2009 focused on improving the nation's environmental health capacity by enhancing the expertise of public health professionals. This conference also gave an opportunity for EPA’s Regional Children’s Health Coordinators to meet with key staff from EPA’s Office of Children’s Health Protection, including Office Director, Peter Grevatt.

Dr. Suero also participated in two satellite meetings held in conjunction with the CDC meeting: the Pediatric Environmental Health Specialty Unit Program Annual Meeting and the annual meeting of the State Environmental Health Directors, an affiliate group of the Association of State and Territorial Health Officials.

Contact: Maryann Suero, (312) 886-9077, Chemicals Management Branch

A Ohio Hospitals Grant Continues to Show Environmental Benefits

U.S. EPA funded a grant to Hospitals for a Healthy Environment and the Ohio Hospital Association (OHA), that officially ended in Fall of 2008, having achieved the project goals. The goals were: (1) producing standard language for the procurement of sustainable electronics and the take-back of equipment at the end of its life; (2) selecting an electronic equipment recycling company that adhered to all laws and followed recycling best management practices; and, (3) sharing this information with the very large OHA hospital network throughout the Ohio. Despite the official end of the grant, OHA continues to submit data resulting from the grant. Recent data indicates that 991 computer processing units, 1,067 monitors, 703 printers and 1,341 pieces of misc. equipment were collected from Ohio hospitals and recycled in the first nine months of 2009. By inputting this data into the EPEAT Program Electronic Environmental Benefit Calculator (EEBC), U.S. EPA estimates that energy equivalent to the electricity necessary to power 47 households for a year was conserved, avoiding the emission of approximately 40 metric tons of carbon equivalents into the environment. In addition, the solid waste avoided was equivalent to that which would be generated by 19 households over the course of a year (approximately 103,073 lbs of waste diverted from the landfill) and 35,393 lbs of hazardous waste avoided, along with a savings of $52,839.

Contact: Donna Twickler, (312) 886-6184, Materials Management Branch

Environmental Justice Small Grant Solicitation

The Environmental Justice Small Grant Request for Applications (RFA) was published on October 28, 2009. The deadline for applications is January 8, 2010. Eligible organizations include non-profit organizations, a city, township, county government and their entities, or a Native American Tribe. Applicants should be located within the same State, Territory, Commonwealth or Tribal Lands that the proposed project will be located. There is one million dollars available nationally and up to four grants will be awarded per Region with a maximum funding amount of $25,000 per grant award. The primary purpose of the proposed projects should be to develop an understanding of environmental and public health issues and to identify ways to address these issues at the local level, and to educate and empower the community. There is a priority for funding projects with a climate change focus.

You may view the RFA at http://www.epa.gov/compliance/environmentaljustice/grants/ej-smgrants.html
There are three national outreach calls scheduled for November 10, 2009, December 3, 2009, and December 17, 2009 (see page 19 of the RFA for additional information).

Contact: Margaret Millard, (312) 353-1440, Program Services Branch

ESSROC Cement Kiln Test Burn

On Octobe r 6-7, 2009, LCD staff Jae Lee, Todd Ramaly and Christopher Lambesis attended a test burn at ESSROC's hazardous waste cement kiln in Logansport Indiana. The test burn is being conducted to demonstrate compliance with the Hazardous Waste MACT Rule and to collect information in support of a site-specific risk assessment for the RCRA permit. EPA obtained split-samples of waste and other process inputs for conformational analysis at CRL.

Contacts: Christopher Lambesis, (312) 886-3583, Todd Ramaly, (312) 353-9317, Jae Lee, (312) 886-3781, RCRA Branch

All Region 5 States Complete UST/LUST EOY and ARRA Reporting

All Region 5 States have reported their UST and LUST End-of-Year measures for FY 2009, as well as, their LUST performance measures for first quarter of the American Recovery and Revitalization Act (ARRA), under the new ARRA reporting system LUST4. Region 5 UST staff and management worked with the states and Office of Underground Storage Tanks (OUST) to review and to correct discrepancies and inaccuracies in the reporting, especially in terms of reconciling the two reporting systems, to ensure accuracy and consistency. LUST4 requires tracking of eight performance measures as compared to two under regular LUST funding. Being the first time LUST4 has been used, this was a challenging, but successful effort for states and EPA.

Contact: Laura Lodisio, (312) 886-7090, RCRA Branch

Training To Assist Staff to Respond to FOIA Requests

On October 29, 2009, staff from LCD (Greg Rudloff), RMD (Lynn Calvin) and ORC (Mark Palermo and John Steketee) presented training on Lotus Notes databases and electronic redaction software based upon experience gained using these tools in response to multiple FOIAs and Congressional investigations related to the Dow Chemical Midland, MI facility. Approximately 50 people attended the training which included live demonstrations of the software.

Contact: Gregory Rudloff, (312) 886-0455, Remediation and Reuse Branch

Tecumseh Products Company Site Visit and Meeting, Tecumseh, MI

On October 27, 2009, Michelle Mullin conducted a site visit at Tecumseh Products Company (TPC) and discussed the current conditions, clean-up goals and future steps with facility representatives. The site presents an opportunity for Brownfield’s re-use and the creation of 300-500 jobs, bringing much needed economic stimulus to the region.

VOC contamination was discovered onsite in soil and groundwater during a Phase II investigation conducted by a prospective purchaser in January, 2009. In March, 2009 TPC conducted investigative sampling and determined that offsite migration of the groundwater plume had occurred. TPC notified MDEQ and residents within the plume migration field and facilitated connection to municipal water where needed in April, 2009. Additional investigative activities were conducted from April-August, 2009. The site was referred by MDEQ to US EPA in May, 2009. A current conditions report was received at US EPA in September, 2009.

The site visit included a visual inspection of the premises and discussions with the facility operators and consultants and MDEQ. The exit strategy was discussed, including steps to achieve this strategy as well as currently known data gaps. TPC also submitted a Vapor Intrusion Workplan, with sampling to commence on 28 October, 2009. A kick-off meeting is tentatively scheduled with TPC and their representatives in Chicago on November 19, 2009.

Contact: Michelle Mullin, (312) 353-2470, Remediation and Reuse Branch

Meetings with Mayors effected by the GM and Chrysler Bankruptcies

On October 27-28, 2009, representatives from EPA HQs, EPA Region 5, the Auto Sector Taskforce, and Department of Justice, met with mayors and city managers to present information on the status of the governments efforts to deal with the closing of General Motors and Chrysler automaking facilities and to listen to their concerns related to the situation. Over 50 people attended the first meeting held in Lansing, MI and over 20 people attended the second meeting held in Indianapolis, IN. The local press covered the Lansing meeting. Also present at the meetings were representatives from the affected states and from the management companies set up to manage the sale of the potentially contaminated sites formally owned and operated by General Motors and Chrysler.

Mathy Stanislaus, AA for OSWER and Ed Montgomery, the so-called Car Czar, representing the White House, attended the meetings and promised follow-up for all of the affected communities, including more information on resources and assistance for the communities, to be shared in the future.

Contact: Jose Cisneros, (312) 886-6945, Remediation and Reuse Branch

OSWER Meeting with Renewable Energy Industry

On November 3, 2009, Gary Victorine (RRB) represented R5 at the Re-Powering America’s Land: Revitalizing Communities with Renewable Energy meeting; an effort led by OSWER to engage the renewable energy industry. This meeting, held in Detroit, was the first of four meetings that OSWER will be holding around the U.S.

The purposes of the meeting were to (1) introduce the concept of locating renewable energy generation equipment on remediated RCRA, SF, and BF sites; (2) demonstrate EPA’s priority for, and desire to facilitate, the use of formerly contaminated land and mines in this way; (3) explore barriers to redeveloping contaminated lands for renewable energy generation, especially community (i.e., smaller scale) wind production; (4) take comment regarding EPA’s current tools; and (5) solicit ideas for incentives. The meeting was held as a “side meeting” to the simultaneously occurring American Wind Energy Association’s conference on community wind and the industry representatives present were largely biased toward wind power.

Current barriers identified by the participants included: (1) potential future remediation costs associated with building on former contaminated sites, especially landfills; (2) finding start-up funding; (3) slow payback, sometimes up to 25 years; (4) negative public perception of wind turbines in the U.S. -- as opposed to the European model where renewable energy is not just accepted but very integrated; (5) safety setbacks and spacing requirements for wind machines making location near population difficult; (6) government stovepiping, and lack of coordination between agencies such as DOE, DOD, and EPA. In addition, there were comments on the slowness of the NEPA process.

Ideas generated by the participants included: (1) to protect against future surprise cleanup costs, establish a governmental land bank to take-and-transfer title, or else have the government directly or indirectly provide 100% insurance against future costs from legacy contamination; (2) provide major government loans ( from DOE?), perhaps feed-in tariffs and/or mechanisms too ensure premium prices for renewably generated power; (3) provide accurate characterization of sites to reduce uncertainty; and (4) in the short term, focus on “single entities”, where major corporations with contaminated sites would themselves install and operate their own renewable energy generation equipment, rather than selling the sites to a renewable power company.

After the remaining three national outreach meeting are completed, OSWER will publish a summary of the barriers and ideas.

Contact: Gary Victorine, (312) 886-1479, Remediation and Reuse Branch

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