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Significant Developments and Activities Report
Memorandum
DATE: March 21, 2008
SUBJECT: Report of Significant Developments and Activities
FROM: Margaret Guerriero, Director
Land and Chemicals
Division
TO: Bharat Mathur
Deputy Regional Administrator
Mary A. Gade
Regional Administrator
CHEMICALS MANAGEMENT BRANCH
TRI Annual National Conference
The Environmental
Council of the States (ECOS) and EPA’s Office of Environmental Information
sponsored the annual Toxics Release Inventory (TRI) National
Training Conference held in Arlington, Virginia. The theme for this year’s
conference was “Better Information for Better Decisions.” The
Conference updated attendees on the latest TRI regulatory developments,
electronic reporting advances, and new data access and analytical tools.
In addition, it provided the attendees opportunities to share their expertise
and knowledge on the use of TRI data and also on reporting to TRI.
Following on this year’s theme, the goal of the conference was to connect people
with information to help make better environmental decisions to advance
environmental protection and human health. State and federal regulators,
industry, community groups and other stakeholders attended the
conference.
During the Coal Ash Panel Discussion, Thelma Codina clarified the
Emergency Planning and Community Right-to-Know Act §313, TRI, requirements as it
pertains to the chemicals in coal ash. She traced the reporting requirements of
the chemicals from the TRI statute to the regulations, and finally to the
different guidance issued through the TRI history. The aim of the discussion was
to dispel the confusion within the electric utility industry regarding the
reporting requirements of the chemicals in the coal ash under TRI. The confusion
within the electric utility industry was caused by some State RCRA/Mining rules
that defined some use of ash as "beneficial use." Some utilities, under
guidance from their trade associations, consider the ash as a product that is
used beneficially. They do not consider coal ash as waste. They
erroneously do not report these chemicals under TRI. The presentation and
discussion clarified the reporting requirements and dispelled the
confusion.
Contact: Thelma Codina (312) 886-6219
West Michigan Home and Garden Show, Grand Rapids, Michigan
The 29th annual West Michigan Home and Garden Show was
held February 28 thru March 2 at De Vos Place, Grand Rapids Michigan. Visitors
were able to view over 600 exhibits offering a wide variety of products and
services for the home and garden. U. S. EPA, Region 5 Lead (Pb) Team partnered
with Michigan Department of Community Health (MDCH) Lead and Healthy Homes
Section to provide attendees information on the dangers of lead poisoning to
small children. MDCH’s display emphasized taking precautions when renovating or
remodeling homes built before 1978. As an added incentive, the Lead and Healthy
Homes Section offered attendees an opportunity to have their children’s toys
scanned for the presence of lead. The Section arranged to have an XRF lead
analyzer available on Saturday, March 1, to test any toys brought in for
scanning. During the four day show over 400 attendees stopped to ask
questions or to pick up materials. Additionally, over 40 attendees brought in
toys to be scanned, none of which were “hot”.
Contact: John Wsol ( 312) 353-5685 SEMI, EJ, KIDS
Lead (Pb) Outreach at Home Shows
There were also two other outreach opportunities that Region 5’s Pb program participated in. The first Chicago area Home Show of the spring 2008 season was held in February at the Pheasant Run Resort, St. Charles Illinois. Attendees were able to view a wide variety of products and services offered by over 300 exhibitors which might be used when renovating or remodeling their homes or apartments. The Region 5 Lead Team staffed a display featuring the dangers of disturbing lead based paint when remodeling. During the weekend over 300 pieces of EPA and Region 5 produced materials were picked up by over 80 attendees who stopped to ask questions.
Region 5’s Lead Outreach Team also maintained a booth featuring pamphlets and
decals emphasizing Lead health hazards and preventative measures at the Home
Show located in the Civic Center in Peoria, Illinois. General environmental,
health and safety questions were received and given direction. The vast majority
of people stopping at the booth affirmed that their children were being blood
Lead tested annually but didn’t appear to be as aware of the hazard to potential
child-bearing women. There were over 200 exhibitors and more than 596 pieces of
literature were distributed to at least 209 visitors that visited our display.
Contacts: Dick Doughty (312)886-6068, Jim Nash (312)886-0754, John
Wsol ( 312) 353-5685 EJ, GCI, KIDS
Michigan Commercial Applicator Sprayer Calibration Course
Bruce Wilkinson and Holly McDonald attended a
Commercial Applicator Sprayer Calibration Course at the Michigan State
University (MSU) Crop and Soil Science Research Laboratory in East Lansing,
Michigan. The course was taught by the MSU Pesticide Safety Education
Program during the MSU Agriculture and Natural Resources Week. During the
morning session of the course, pesticide applicators learned the calculations
necessary for calibration of liquid and granular application equipment.
After a box lunch was served in the training room, the attendees of the course
moved into the Research Laboratory to apply what they had learned in the
classroom to actual pesticide application equipment. The applicators
calibrated a liquid ground sprayer, a granular ground applicator, and a hand
held granular applicator. The MSU Pesticide Safety Education Program also
offered Commercial Core Training and a Private Applicator Calibration Course
during Agriculture and Natural Resources Week.
Contact: Bruce Wilkinson 312-886-6002
Materials Management Branch
Response to Citizen Complaint about LandComp Landfill in Ottawa, IL
On March 3, 2008, EPA, Region 5 received and responded to a
second odor complaint regarding the LandComp Landfill, an approximate100-acre
municipal waste and non-hazardous waste landfill, in Ottawa, Illinois. The
Illinois EPA was contacted in both instances and is in close communication with
the area citizens, LaSalle County, and landfill officials regarding the
community’s concerns. The odors have been identified by the State as being
attributed to hydrogen sulfide as well as the landfill’s leachate storage tank
and alternate daily cover materials as a possible cause. A response letter
explaining the federal government's role through RCRA regarding municipal solid
waste landfills management and providing appropriate contacts at the Illinois
EPA has been formulated on behalf of the EPA to the concerned citizens. The
Illinois EPA has submitted a memo to Senator Halverson regarding odor issues of
the site as well as actions taken on behalf of the landfill and the state.
Further actions by the State of Illinois include: an inspection of the landfill
by an Illinois EPA employee, a visit to the site and affected community by the
Office of Community Relations, and a pending permit application with provisions
for an inspector to determine that the alternate daily cover material is
inadequate. Subsequent to the citizen complaints, EPA, Region 5
received a phone call on March 4, 2008 from the LaSalle County Environmental
Services Director, requesting EPA’s support to deal with hydrogen sulfide
releases related to the site. The county representative was informed that
EPA does have technical assistance mechanisms that can be triggered with a
written request from the state or county. A list of questions pertaining
to prevention and management of the hydrogen sulfide at the landfill was
subsequently submitted by the county and shared by EPA with the national
landfill listserve which is designed to assist with technical and procedural
landfill management issues. EPA will also provide a list of resources on
hydrogen sulfide management and testing to the county and the state and
recommend that ambient air monitoring for H2S occur as soon as possible to
determine whether or not there is an imminent and substantial endangerment to
residents in the vicinity of the site.
Content: Shelly Heger 312-886-4510; Donna Twickler 312-886-6184.
MMB Presents on Shingles Recycling at Illinois DOT “Recycled Materials Seminar”
On February 29, 2008 a MMB representative
gave a presentation on recycling of asphalt shingles, coal combustion products,
and foundry sand, to a group of about 75 people at the Illinois Department
of Transportation, District One (Schaumburg), Recycled Materials Seminar.
Printed resources on these materials and EPA’s industrial materials recycling
programs were distributed at a booth. Aggregate suppliers attended this
annual half-day seminar to learn about changes to IDOT’s specifications and
procedures as well as to learn about “the future” of recycled materials.
While shingles, coal combustion products and foundry sand have multiple uses in
roadway construction applications, IDOT currently uses only fly ash.
However, state DOTs often begin to experiment with recycled materials when
contractors request permission to use them on projects.
Contact: Julie Gevrenov 312-886-8632
MMB Attends Green Gatherings Kick-Off, St. Paul, MN
MMB staff participated in the Feb. 29 kick-off of Green
Gatherings, an intergovernmental partnership formed to shape the greening of
events in the St. Paul/Ramsey County area, beginning with the Republican
National Convention to be held in September. Opening remarks by MPCA
Commissioner Brad Moore, St. Paul Mayor Chris Coleman, Ramsey County
Commissioner and others set the stage for breakout sessions designed to garner
commitments in the areas of waste management, food waste disposal, construction
and outdoor environments, resource and energy use, green lodging, rivers and
water, and travel and transportation. MPCA has requested EPA assistance on
efforts related to green lodging, though additional meetings may reveal other
areas where EPA can provide guidance and support.
Contacts: Jerri-Anne Garl, 312-353-1441; Briana Bill, 312-353-6646.
Illinois Department of Commerce Workshop
A
representative of MMB attended a session of the Illinois Environmental
Regulatory Workshop held at Joliet Junior College on February 20, 2008. The
conference was sponsored by the Illinois Department of Commerce and Industry.
The topics covered included management of construction waste, construction
recycling, green design, methamphetamine labs cleanup, mold remediation,
lead-based paint issues, radon testing, energy efficiency programs and natural
resource review of endangered species. These topics are relevant to the
technical assistance we provide for tribal waste management and pollution
prevention.
Contact: Burdell Chapman 312-353-9564
2008 National Resource Conservation Challenge Training Workshop
MMB staff participated in the RCC Training Workshop in
Washington, D.C. held March 5-7. The conference was well attended by state
government agencies as well as EPA Regions; state representation from Region 5
included Minnesota and Ohio. Plenary and break-out sessions covered a range of
topics including the materials management energy/climate connection, bundling of
RCC programs, opportunities in recycling markets, industrial materials
recycling, electronics recycling, organics recycling, and multiple topics
covered by the 4th annual National Partnership for Environmental Priorities
(NPEP) recruiter’s meeting. MMB staff participated in hands-on training sessions
covering the use of three EPA modeling tools: the WARM model, for use in
determining benefits of recycling efforts; the BEES model, which provides
information on the environmental impacts of building products; and the IWEM
model, for evaluating the risks associated with using recycled industrial
materials in roadways. The training workshop was a success in fostering
dialogue among industry, academia, and EPA, as well as identifying specific
programmatic areas in which partnerships and collaborations could be further
developed.
Contact: Jerri-Anne Garl, 312-353-1441
Presentation on Disaster Debris Planning at C&D World and NDA Conferences
On February 26 and March 12, MMB staff gave
training presentations on disaster debris preparedness at the National
Demolition Association (NDA) and Construction Materials Recycling Association
(CMRA) annual meetings in Las Vegas, Nevada. The NDA is a non-profit trade
organization representing more than 1,000 U.S. and Canadian companies offering
demolition services and related equipment. The CMRA is a trade organization
devoted to the needs of the C&D recycling industry. A summary of the
information, resources, training and estimation tools available from state and
federal partners, including the FEMA, U.S. ACE, OSHA and Department of
Agriculture, was included. Details of the Region 5 ‘Disaster Debris
Recovery Network,’ which consists of a user friendly, map based directory of
debris management contractors and recyclers, a training module for contractors
who may become involved in debris management, and an information resource for
states and tribes on disaster debris planning was presented, with feedback
solicited from the audience, many of whom would be the target user group for the
network. Over 250 contractors were reached in the presentations.
Finally, Dr. Kimberly Cochran (HQ-MISWD) and Paul Ruesch (LCD) visited Evergreen
Recycling, a full service C&D recycling facility in Las Vegas, to become
familiar with the facility and markets for the recovered materials. The
facility is currently recovering and recycling 89 percent by weight of the
incoming material from roll-off boxes at construction sites.
Contacts: Julie Gevrenov, 312/886-6832 and Paul Ruesch, 312/886-7898
Presentation at Environmental Symposium in Central America
On February 26-27, MMB presented at the 3rd
International Symposium and Exhibition on Clean Production in Panama City.
The focus of the presentation was on solid waste management and recycling.
MMB highlighted successful waste exchange programs in the Midwest, providing
insights into keys to success and sustainability. Waste exchanges
typically involve the exchange of residuals among large industries via
facilitated, electronic bulletin boards, resulting in landfill diversion and
significant cost savings. The audience consisted of industries including
the Panama Canal Authority, various energy, transportation, oil and chemical
companies in Panama, many of whom are large generators of wastes which could be
better managed. In addition, panel discussions were held to provide
perspectives from other countries such as Venezuela, Columbia and Spain.
The workshop was part of a larger effort to establish a solid waste policy,
regulations and infrastructure, and was sponsored by the National Environmental
Authority, U.S. EPA’s counterpart in Panama.
Contact: Paul Ruesch, 312/886-7898
Meeting with New Sustainability Coordinator at Chicago Botanic Garden
MMB met with Steven Bell, the recently hired
Sustainability Coordinator at the Chicago Botanic Garden, on March 5. The
purpose of the meeting was to follow up on recommendations found in a report
prepared last year titled “Environmental Audit Findings and Sustainable Practice
Protocols” prepared by Shaw Environmental, Inc. in cooperation with MMB.
The Garden is proposing to go forward with several projects, including: 1)
defining a vision for sustainability, 2) establishing green procurement policy
and guidelines, 3) use of retro-commissioning to improve energy efficiency of
inefficient buildings, and 4) developing an alternative to disposal of food
wastes generated on site and in demonstration gardens. Though MMB will
focus on technical assistance in researching and establishing alternatives to
food waste disposal, we will continue to seek ways to add value to the Garden’s
sustainability efforts. In addition, MMB will continue to assist the
Garden to take advantage of EPA’s voluntary programs and resources (i.e.,
WasteWise)
Contact: Donna Twickler, 312/886-6184
Solid Waste in Materials Management (SWIMM) Team Meeting
MMB and HQ OSW staff gave a joint presentation on
disaster debris planning and management and provided resources and guidance to
the other Regions that may be interested in becoming involved in assisting
states and local governments at a meeting of the subject meeting in Washington,
DC on March 4. The Solid Waste in Materials Management Team consists of
representatives from all ten EPA Regions and the HQ Office of Solid Waste –
Municipal and Industrial Solid Waste Division. The meetings are held two
times a year and the agendas are developed collaboratively, typically focusing
on municipal, construction and demolition, and non-hazardous industrial waste
management. The roles of the Team include: 1) sharing information, 2)
convening and coordinating across Regions, 3) implementation of programs,
4)
communicating upwards to management (including Resource Conservation Challenge
(RCC) Program Managers). In addition, a joint meeting between
the Team and the RCC Program Managers was held in the afternoon to increase
coordination between staff and management working to implement the
RCC.
Contacts: Jerri-Anne Garl, 312-353-1441; Paul Ruesch 312-886-7898
RCRA Branch
U.S. EPA Files an Administrative Complaint and Consent Agreement and Final Order with Henkel Corporation
On
February 29, 2008, Region 5 filed an Administrative combined Complaint and CAFO
initiating and resolving an administrative penalty and compliance action against
Henkel Corporation located at 23343 Sherwood Avenue, Warren, Michigan. The
CAFO resolves the company’s alleged violations including: accumulating hazardous
waste in hazardous waste tanks for greater than 90-days; and failing to meet
conditions for a hazardous waste storage license exemption by failing to comply
with hazardous waste tank requirements and failing to properly label a container
of hazardous waste. The hazardous waste tank system accumulated chrome
wash water, which contained hexavalent chromium. Specific alleged tank
violations included failure to meet secondary containment requirements; failure
to obtain a tank certification and assessment; and failure to document daily
inspections of ancillary equipment. Following the inspection, Henkel
closed their tank system and reconfigured their production process to
containerize the chrome wash water. The CAFO requires Henkel Corporation
to pay a civil penalty of $141,700.
Contact: Paul Atkociunas (312) 886-7502
U.S. EPA Files a Consent Agreement and Final Order with The WM Powell Company, Cincinnati, Ohio
On
February 19, 2008, Region 5 filed Consent Agreement Final Order (CAFO) that
simultaneously commenced and concluded a hazardous waste enforcement action
against The WM Powell Company. In the CAFO, Region 5 alleges that Powell
unlawfully treated, stored, and disposed of hazardous waste in a waste pile;
failed to perform waste determinations; failed to provide personnel training;
and failed to minimize releases of hazardous waste. Powell’s foundry sand was
determined to be characteristic hazardous waste for lead after a September 27,
2004 inspection. The foundry sand was being managed and treated on the ground in
a waste pile. The CAFO requires Powell pay a total penalty amount of $800,000
(which includes interest and is payable over five years). The CAFO requires
Powell to submit a closure plan to the Ohio EPA and obtain financial assurance
for the closure.
Contacts: Michael Beedle, ECAB (312) 353-7922; Jeffery Trevino, ORC (312) 886-6729
Crosbie Foundry Co., Inc. Settlement
U.S. EPA has
reached a settlement with Crosbie Foundry Company, Inc. (Crosbie) of Elkhart,
Indiana. The settlement requires Crosbie to comply with large quantity
generator requirements and to pay a civil penalty of $1,000. U.S. EPA
conducted a compliance evaluation inspection on March 5, 2003 and a sampling
inspection on June 9, 2004. U.S. EPA issued three information requests on
March 23, 2003, September 24, 2003, and June 7, 2005. U.S. EPA determined that
Crosbie failed to comply with employee training requirements, contingency plan
requirements, and hazardous waste container management requirements. Crosbie
generates hazardous waste foundry sand (sand) which it treats to non-hazardous
prior to disposing the sand in an industrial landfill. The sand is treated
to a detailed waste analysis plan developed to ensure that all foundry sand
treated will no longer exhibit the hazardous characteristic of lead
content. Crosbie failed to completely fulfill the requirements for a
contingency plan and to keep records of employee training, hazardous waste
container inspections, and to manage containers of hazardous waste
properly.
Contact: Robert Dean Smith 312-886-7568