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Significant Developments and Activities
LAND AND CHEMICALS DIVISION
Weekly Significant Developments and Activities Report
January 16, 2009
Materials Management Branch Presents Webinar on Compost Use
On January 8, 2009 the Materials Management Branch presented an hour-and-a-half internet based seminar, or webinar, on how stormwater managers can use compost based stormwater best management practices (BMPs) to help improve water quality, reduce runoff, and quickly establish plant growth. These BMPs were promoted so that stormwater mangers would be able to know about these techniques, and plan their use on projects this spring. The call was attended by over 350 people, and registrations showed people from across the United States, Canada, and Mexico were interested in the session. Feedback from the call indicated that 75% of the respondents’ knowledge was increased, two-thirds were motivated to try these BMPs this year, and showing the utility of webinars, over 60% of the respondents would not have been able to travel to a session on this topic. In the next several months there will be other Compost BMP webinars presented to the composting industry and construction site managers with the goal of increasing the supply and demand of compost for use in these BMPs. It is expected that the presentations and audio of the conference call will be posted on the EPA website in the next few months.
Contact: Christopher Newman, 312-353-8402
Ohio EPA Reaches Agreement with Developer at CityView Shopping Center Site
Over the past several months, MMB and Superfund (SFD) staff has been assisting the Ohio EPA Northeast District Office on the City View Center shopping complex located in Garfield Heights, OH. The shopping center is home to several large 'big-box' retail stores and was built on top of two old landfills in 2005-6. At that time, Ohio EPA issued orders specifying conditions and control systems for explosive gases and leachate. Nevertheless, the site began experiencing problems with explosive levels of methane in parking lot catch basins, building foundations and along landscaping islands in mid-2007. SFD Westlake conducted explosive gas sampling on site, participated in several meetings with contractors and the site developers, and provided input and technical assistance to Ohio EPA in issuing Director's Final Findings and Orders. The recently issued DFFOs require the installation of an enhanced gas extraction system, enhancement of the landfill cap, installation of permanent gas monitoring probes, sealing of catch basins, sewers and manholes, and a leachate collection system. The orders also stipulate a civil penalty of $1.2 million. Though the remedy selected should address any outstanding gas and leachate problems at the site, Region 5 will continue to monitor implementation of the order.
Contacts: Stephen Wolfe (SFD), 440-250-1718; James Justice, 440-250-1744; Paul Ruesch, 312-886-7898
PPG Industries’ Request for Withdrawal of RCRA Permit Appeal Approved by EAB
On December 18, 2008, PPG Industries Ohio, Inc. and PPG Industries, Inc. (PPG) filed a notice of withdrawal of RCRA Appeal on the federal RCRA permit issued to PPG on April 6, 2007. PPG's request was approved by Environmental Appeals Board on December 24, 2008.
Federal RCRA permit was appealed by PPG on May 5, 2007 on grounds that U.S. EPA failed to properly invoke the omnibus authority to support the additional terms and conditions in the permit that are not included in the regulations. U.S. EPA successfully defended all technical site-specific conditions in the permit. However, clarifications and additional technical conditions were added to the settled permit. On December 4, 2008, U.S. EPA approved a Class 2 permit modification, requested by PPG in accordance with 40 CFR 270.42, to dismiss the appeal.
Contacts: Wen Huang, 312-886-6191; James Blough, 312-886-2967
GLNPO and LCD Host Multimedia Sectoral Targeting and Source Inventory Breakout Workshop
On January 14, 2009, Ted Smith (GLNPO) and Bradley Grams (LCD) conference with Environment Canada's Headquarters and Ontario offices, and the Ontario Ministry of the Environment to discuss various strategies for sectoral and source inventory targeting. The highlights of the breakout workshop included: (1) sample sectoral targeting methodologies utilizing monitoring and surveillance data, (2) discussions of procedures and protocol for collecting and developing source inventories or clearinghouses collected through government, NGO or industrial bodies, and (3) ways to develop environmental priorities and targets for chemicals of emerging concern utilizing criteria overlay. This workshop will continue through a series of meetings, focusing on single- and multi-media approaches used for working with high-visibility chemicals and risks, with staff from all divisions involved with chemicals of concern.
Contacts: Bradley R. Grams, 312-886-7747; Ted Smith, GLNPO, 312-353-6571
LCD Contributes to OSC Training
At the request of Superfund Division and as part of its annual required training for its on-scene coordinators, LCD staff made a presentation about interactions between the two divisions regarding RCRA response activities. The panel was made up of representatives from the RCRA Subtitles C, D, and I programs. Topics covered included the CERCLA off-site rule, underground storage tanks, used oil and PCBs, corrective action, hazardous waste identification, and problematic nonhazardous solid waste sites.
Contacts: Mary Setnicar, 312-886-0976
Mandatory Computer Systems Training
On January 14, 2009, the RCRA Branch personnel specifically the UST/LUST inspectors, RCRA inspectors, data management steward and their supervisors attended the mandatory computer systems training for the implementation of the Region's new Case Tracking System (CTS).
The CTS was created by Region 5's Office of Enforcement and Compliance Assurance (OECA) to: (a) support enforcement and compliance case pipeline management; and (b) support improved coordination between program offices, Office of Regional Counsel (ORC), and Region 5 OECA. CTS also serve as the database of record for all attorney assignment requests. It is located in the Enforcement Compliance Assurance Team (ECAT) database in Lotus Notes.
It is the primary responsibility of each media enforcement program inspectors to enter and maintain case and attorney request data in the system.
Contact: Lorna Jereza, 312-353-5110
MMB Hosts Waste Fire Course
The Materials Management Branch (MMB) hosted a one-day short course titled 'Detection, Evaluation, and Suppression of Waste Fires' on Friday, January 9, 2009 in Chicago. The course is an advanced, discussion-oriented training targeted at landfill owner/operators, regulators and firefighters/emergency responders. Over 50 people attended the course, including 15 staff from SFD, ARD and LCD and representatives from six state regulatory agencies. A panel discussion was held which included representatives from Illinois EPA, ATSDR, SFD and LCD.
The course covered the following topics:
- Types and causes of waste fires along with combustion factors;
- Health and environmental impacts of waste fires;
- Possible damage to engineered components and slope instability;
- Management of landfill gas systems with elevated temperatures;
- Applicable regulations and response resources; and
- Suppression techniques for waste fires.
The course evaluations were very positive and another training is planned for Springfield, IL in partnership with Illinois EPA this summer. IDEM, MPCA and MDEQ have expressed an interested in hosting the course in cooperation with their state Fire Marshall’s Office.
Contact: Paul Ruesch, 312-886-7898
Presentation of Countywide Case Study at Annual OSC Training
On Monday, January 12th, 2008, Paul Ruesch from the Materials Management Branch (MMB), and Jim Augustyn from the Superfund Division(SFD) jointly presented a case study on the Countywide Landfill removal site at the '2009 Region 5 OSC Training’ in Chicago. This annual event is a weeklong program for On Scene Coordinators (OSCs) which fulfills mandatory training requirements. The Countywide Landfill case study was presented at the training because of the unique circumstances of the underground reaction/fire taking place at the site.
In addition, Paul discussed the MMB ‘Decision Tree’ for Subtitle D sites at the OSC training. The decision tree illustrates the decision making criteria and roadmap on how the MMB engages and provides assistance to SFD on problem non-hazardous waste related sites.
Contacts: Jim Augustyn (SFD) 440-250-1742; Paul Ruesch, 312-886-7898
U.S. EPA Issues Notices of Warning to Two Region 5 Companies
Region 5, Pesticides and Toxics Compliance Section has issued Notices of Warning to Delta Coatings Corporation of Melrose Park, IL, and AG Plus, Inc. of South Whitley, IN. Both Respondents failed to file reports documenting their pesticide production, as required under Section 7 of the Federal Insecticide, Fungicide, and Rodenticide Act, for the years 2002 through 2007. The respondents subsequently corrected the violations.
Contacts: Joseph Lukascyk, 312-886-6233; Nidhi O'Meara, 312-886-0568
EAB Approved PPG’s Request for Withdrawal of RCRA Permit Appeal
On December 18, 2008, PPG Industries Ohio, Inc. and PPG Industries, Inc. (PPG) filed a notice of withdrawal of RCRA Appeal on the federal RCRA permit issued to PPG on April 6, 2007. PPG's request was approved by Environmental Appeals Board on December 24, 2008.Federal RCRA permit was appealed by PPG on May 5, 2007 on grounds that U.S. EPA failed to properly invoke the omnibus authority to support the additional terms and conditions in the permit that are not included in the regulations. U.S. EPA successfully defended all technical site-specific conditions in the permit. However, clarifications and additional technical conditions were added to the settled permit. On December 4, 2008, U.S. EPA approved a Class 2 permit modification, requested by PPG in accordance with 40 CFR 270.42, to dismiss the appeal.
Contacts: Wen Huang, 312-886-6191; James Blough, 312-886-2967
Pfizer Terre Haute Update
Removal of PCB impacted floodplain soils contaminated by a June 2008 PCB sediment release from a Pfizer WWTP pond continues.
Clean-up status is that Pfizer has currently obtained all but 1 required access agreements to private property required to complete the off-site work along the affected creek channel. Pfizer has indicated the final access agreement is being negotiated. IDEM counsel has indicated they would step in if Pfizer cannot gain access.
In January 2009, Pfizer is preparing to remove soils on a forested parcel where access has recently been granted.
By February 2009, Pfizer is preparing to submit a closure plan to the agencies for the remaining on-site PCB impacted ponds.
By April 2009, in-channel sediment removal will begin, pending IDNR approval. EPA/IDEM approval under 761.61(c) has been granted.
Pfizer expects to complete all off-site removal in 2009.
Contact: Peter Ramanauskas, 312-886-7890
Public Meeting in Chicago for Advance Notice of Proposed Rulemaking (ANPR): Formaldehyde Emissions from Pressed Wood Products
On March 24, 2008, EPA received a TSCA Section 21 petition from numerous organizations and individuals concerned about risks to human health and the environment from exposure to formaldehyde in composite wood products, including hardwood plywood, particleboard, and medium density fiberboard. In response to that petition, EPA decided to initiate a proceeding to investigate whether and what type of regulatory or other action might be appropriate to protect against risks posed by formaldehyde emitted from these and other pressed wood products. The ANPR notice describes EPA’s initial steps in that investigation and requests comment, information, and data relating to formaldehyde emissions from pressed wood products. EPA is scheduling four meetings across the country in order to obtain additional stakeholder input on the issue, one of them being in Chicago on January 15, 2009. The location and time for the Chicago meeting is below: Ralph H. Metcalfe Federal Building, 77 West Jackson Boulevard, GSA Conference Center, Room 328, Chicago, Illinois 60604, from 8:30am-12:00pm.
Contact: Bradley Grams, 312-886-7747
Superfund and LCD Meeting on Potential Corrective Action Transition under a Superfund Alternative Site Agreement
On January 8, 2008, staff from Superfund (SF) and LCD met to discuss the potential transitioning of RCRA corrective action activities from the State of Michigan to SF for the Tittabawassee and Saginaw Rivers and Saginaw Bay in Michigan. Michigan currently has the lead for all corrective action associated with the Dow Midland facility under a RCRA permit issued by Michigan in 2003. This transition will take place if the current Superfund Alternative Site agreement negotiations are successful. The transition will result in a Memorandum of Agreement between SF and MDEQ concerning roles and responsibilities related to corrective action for the Tittabawassee and Saginaw Rivers and Saginaw Bay.
Contact: Gregory Rudloff, 312-886-0455
Region 5 Participates in Preview of Environmental Health Intranet Collaboration Site
On January 14, Children’s Health Program Manager, Maryann Suero, previewed an effort by the Office of Environmental Information (OEI) to create an internal site at EPA, to increase awareness of ongoing environmental health activities and promote internal coordination and collaboration. The purpose of this preview opportunity was to solicit feedback on the effort and to incorporate these ideas into a prototype intranet site (“HealthScape”), which will serve as an interactive inventory of ongoing environmental health activities and evolving knowledge base within EPA. The preview session included an overview of the project, a demonstration of a mock-up site, and discussion of additional features for consideration. The session also included an invitation to share names of other EPA staff who might be interested in using this type of environmental health collaboration intranet site.
Contact: Maryann Suero, 312-886-9077