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Significant Developments and Activities Report

Memorandum

DATE: March 28, 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

West Suburban Spring Home & Garden Show-Glenn Ellyn, Illinois

Full House Productions sponsored its ninth annual spring Home and Garden Show at the College of DuPage in Glen Ellyn, Illinois.  The show, held on March 14, 15 and 16 attracted over 80 vendors who provided information on a wide variety of home renovations, remodeling and building. Region 5’s Lead Team staffed an exhibit providing information on the dangers of lead poisoning to children living in housing built before 1978.  During the show weekend, over 100 attendees stopped to ask questions or to pick up brochures and other information produced by EPA or Region 5.
Contacts: Dick Doughty (312) 886-6058 or John Wsol (312) 353-5685

Region 5 files CAFO with Olie Olsen

On March 18, 2008, Region 5 filed a Consent Agreement and Final Order (CAFO) resolving alleged violations of Section 16(a) of the Toxic Substances Control Act (TSCA), 15 U.S.C. §2615(a), and the Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. § 4851, et seq., against Olie Olsen, of Alto, Michigan, concerning to the sale of two residential rental properties in Grand Rapids, Michigan. 

Mr. Olsen will pay a civil penalty in the amount of $600 and has agreed to conduct a SEP in the form of a window replacement project designed to protect tenants from potential lead-based paint hazards by replacing windows in target housing located at 7346 S. Croton-Hardy, Newaygo, Michigan, formerly known as 6068 Croton-Hardy, Croton, Michigan.  The window replacement project and lead clearance testing must be completed according to Department of Housing and Urban Development Guidelines for the evaluation and Control of Lead-Based Paint Hazards in Housing, dated June 1995, and completed by individuals certified to perform such work under federal, state and local laws and regulations.  Olie Olsen must spend at least $4,712 to complete the window replacement project and lead clearance testing.
Contact: Estrella Calvo (312) 353-8931

Administrative Complaint Filed against Habeeba Shariff and M. Anwar Shariff

On March 20, 2008, Region 5 filed a Complaint and Notice of Opportunity for Hearing pursuant to Section 16(a) of TSCA against Habeeba Shariff of Chicago and/or Skokie, Illinois and
M. Anwar Shariff of Chicago, Illinois and/or Eden Prairie, Minnesota (Respondents).  The Complaint alleges 21 violations of Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 and its implementing regulations found at 40 C.F.R. Part 745, Subpart F (Disclosure Rule). 

Respondents’ have allegedly failed to include either within each contract or as an attachment to each contract: a Lead Warning Statement, a statement disclosing the presence of known lead-based paint (LBP) and/or LBP hazards or lack of knowledge of such presence; a list of records or reports available to the lessor regarding LBP and/or LBP hazards in the target housing or a statement that no such records exist; a statement by the lessees affirming receipt of the information set out in 40 C.F.R. § 745.113(b)(2) and (b)(3), and the lead hazard information pamphlet required under 15 U.S.C. § 2696; and the signatures of the lessor and the lessees certifying to the accuracy of their statements to the best of their knowledge, along with the dates of signature.  The proposed penalty in this matter is $18,958.
Contact: Estrella Calvo (312) 353-8931

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Materials Management Branch


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 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.
Contact: Julie Gevrenov, 312/886-6832 and Paul Ruesch, 312/886-7898

Presentation at Environmental Symposium in Central America

MMB presented at the 3rd International Symposium and Exhibition on Clean Production on February 26-27 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 who 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 10 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 & 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.
Contact: Jerri-Anne Garl, 312/353-1441 and Paul Ruesch 312/886-7898

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REMEDIATION AND REUSE BRANCH

Final Decision for Solutia Facility, Sauget, Illinois

Region 5, issued a Final Decision for corrective action activities at the Solutia facility located in Sauget, Illinois.  The corrective action activities are estimated at over $12 million and will focus on removing source areas of PCBs, benzene, chlorobenzenes, lead, and mercury.  Construction for the cleanup work will be completed in one to three years.

The Solutia facility (formerly Monsanto) has been in operation since 1917 and manufactured numerous organic chemicals, including PCBs.  Solutia completed an interim remedy in 2004 to contain, intercept, and collect contaminated groundwater discharging and causing environmental impacts to the Mississippi River.  The Final Decision also requires Solutia to remediate groundwater contaminated with benzene and chlorobenzene that discharges to the Mississippi River north of where the interim remedy was constructed if Illinois water quality standards are exceeded.
Contacts: Ken Bardo, LCD, (312) 886-7566 and Rich Murawski, ORC, (312) 886-6721

General Motors Public Information Sessions - GM Powertrain, Bedford, Indiana

GM held public informational sessions at the Powertrain facility in Bedford, Indiana, to present updates to the community on the ongoing PCB cleanup work both on and off the facility. 
GM continues to perform a PCB sediment/soil removal action along approximately 5 miles of creek systems near the facility.  To date, approximately 1.3 million tons of soil has been removed from the creeks. GM is also implementing Interim Measures on the 40 acre eastern portion of the facility property to contain PCB impacted soils and groundwater.  Members of the public,
U.S. EPA Project Manager (Peter Ramanauskas), IDEM, ATSDR, GM, and a reporter from the Bedford Times-Mail newspaper were in attendance.  Updates included discussion of off-site soil removal work remaining and a message that truck traffic on hauling roads would be increasing over the spring and summer. GM will repave the roads once hauling activities are completed.  A Community Liaison Panel (CLP) met to present the same information.  The CLP includes residential members of the community as well as elected officials, county health department officials, local realtors, county commissioners, highway department personnel, and other invited members.  GM is planning to create a nature trail system through parts of the restored areas.  They met with the new mayor of Bedford to discuss management opportunities for this trail system.  GM posted a public presentation on their project Web site along with other project related documents. An article on the March 13th meeting appeared in the local newspaper the following day.
Contact:Peter Ramanauskas (312) 886-7890

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