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Significant Developments and Activities Report
LAND AND CHEMICALS DIVISION
Weekly Significant Developments and Activities Report
April 3, 2009
The Pesticide Stewardship Alliance 2009 Conference
TPSA 2009 theme was “Stewardship Strategies and Tools”. Margaret Jones moderated a session on pesticide container recycling activities. Other conference topics including fumigant management plans, the rule on pesticide containers and containment, stewardship of agricultural films (plastics other than pesticide containers), web labeling, pesticide disposal, container recycling and international were addressed in lectures, panels and working sessions. Attendees included Extension educators, federal and state regulators, pesticide industry, recyclers and waste management experts. Container and containment rule (CCR) topics were of particular interest as key provisions of the CCR are coming of age. In 2009, registrants must comply with the nonrefillable container provisions, in 2010, key pesticide labeling provisions will be required and in 2011, refillable container and repackaging requirements will be due. It is estimated that between 30,000 and 50,000 refillable containers will need to be removed from use by 2011 and CropLife is working to address this through a campaign to remind people to inspect old containers and determine whether they need to be repaired or recycled and replaced. Attendees included Region 5 States (IN, MI and WI) who participated in sessions on web labeling, fumigant policies and the container and containment rule. TPSA offers an excellent opportunity to network and solve problems collaboratively with a variety of groups working on pesticide stewardship issues.
Contact: Margaret Jones, (312) 353-5790, Chemicals Management Branch
Pesticides Section Participates in 6th International IPM Symposium in Portland, OR
The Pesticides Section participated in the 6th IPM Symposium in Portland, Oregon, March 23-26, 2009. This popular national symposium sponsored by the USDA included topics and speakers from other countries. It not only focused on agricultural issues but was expanded to include many urban IPM issues.
IPM is a priority for the Pesticides Section, and there were two Pesticides Section attendees among the total 670 registered participants, hearing from about 308 presenters among 69 sessions from 30 countries. EPA Region 5 was among four other EPA Regions who were in attendance, as well as several EPA staff from the Office of Pesticides Programs. Donald Baumgartner participated in sessions on urban pest ant management; school IPM programs; a rapidly growing interest in California retail stores to promote IPM; several sessions on bedbug problems nationally; and urban rodent management in New York and California.
Contact: Donald Baumgartner, (312) 886-7835, Chemicals Management Branch
Agricultural Pesticide Transition Issues at the IPM Symposium
CMB staff attended the 6th International Symposium on Integrated Pest Management (IPM), March 23-26 in Portland, OR. Two significant issues came up during presentations and discussions on the transition away from high-risk pesticides. First, Cooperative Extension staff in multiple states has identified a shortage of qualified persons to prepare and review site-specific pest management plans for specialty crops. While this is a new funding opportunity under the 2008 Farm Bill, growers and farmers must submit pest management plans and implement them in order to obtain reimbursements for IPM activities from the USDA Natural Resource Conservation Service.
Secondly, several researchers identified concerns about unanticipated problems with the use of newer, reduced-risk pesticides. The problems include effects on non-targeted, beneficial insects, including pollinators; the emergence of secondary pests that previously were biologically controlled; the potential consequences of introducing dicamba-resistant soybeans; and the unexpected persistence of at least one of the less hazardous active ingredients. Several of these concerns coincide with the registration review of the neo-nicotinoid pesticides scheduled to begin later this year.
By attending this conference, Region 5 staff was able to learn about issues that will help us advance the adoption of IPM practices.
Contact: Seth Dibblee, (312) 886-5992, Chemicals Management Branch
LCD Perfluorinated Chemical and Perfluorooctanoic Acid (PFOA) Projects with the Office of Pollution Prevention and Toxics (OPPT)
On March 25, 2009, OPPT, LCD, GLNPO, ARD, SFD and WD staff completed work on the re-design of EPA's PFOA website. PFOA Website: http://www.epa.gov/oppt/pfoa/. The newly re-designed site provides:
- improved "Basic Information" page and "PFOA 2010/15 Stewardship" page;
- "Where You Live" page that lists regional contacts and links to state actions on PFOA;
- "Related EPA Actions" and "Related Programs and Studies" page, which include information on other EPA offices’, federal agencies’, and countries’ PFOA-related programs;
- "New Chemicals Review of Alternatives" page that has information on the regulation of PFOA substitutes,
- "ECA" page that provides an in depth explanation of the ECA and MOU processes;
- "EPA Action on PFAS" Compounds page, which describes EPA’s initial action on PFOS,
- "Frequent Questions" page that provides answers to commonly asked questions about PFOA, and
- "Glossary of Terms" page that provides a complete list of PFOA-related terms.
Contacts: Bradley Grams, 312-886-7747, Larisa Leonova, 312-353-5838, Seth Dibblee, 312-886-5992, Chemicals Management Branch
Lansing Home & Garden Show
The 13th Annual Lansing Home & Garden Show was held at the MSU Pavilion, East Lansing, Michigan on March 19-22, 2009. The show, which featured over 200 exhibitors, attracted an estimated 20,000 Central Michigan attendees. EPA Region 5 partnered with the Michigan Department of Community Health (MDCH), Lead and Healthy Homes Section, to provide information on childhood lead poisoning to caregivers, contractors, healthcare professionals and parents. During the show over 450 attendees stopped to ask questions and to pick up over 700 pieces of EPA and MDCH produced materials.
Contact: John Wsol 312-353-5685, Chemicals Management Branch
Office of Pollution Prevention and Toxics (OPPT) Staff Meet with LCD and GLNPO Staff to Discuss Cross-cutting Programmatic Issues with Chemical Assessment and Management Program (ChAMP) Chemicals
On March 25, 2009, LCD Chemicals Management Branch and Materials Management Branch staff met with GLNPO and OPPT staff members to discuss various cross-cutting programmatic opportunities for chemicals involved in EPA's ChAMP.
Some examples include:
- potential pollution prevention (P2) program implementation;
- increased chemical screening, risk assessment and risk management information sharing; and
- increased coordination between other media, such as CAA, CWA, EPCRA, CERCLA and RCRA.
In addition to the meeting, GLNPO, LCD and OPPT discussed various substance overlays and program cross-cutting tools that can be used as tools in building more multi-media program opportunities to reduce duplication(s) of programs.
Contacts: Bradley Grams, 312-886-7747 Chemicals Management Branch and Phil Kaplan, 312-353-4669, Materials Management Branch
Lead Outreach Program at Northern Fox Valley Home Show, Kane County Fairgrounds, St Charles, Illinois
On March 28-29, 2009, the Lead Team in the Toxics Section maintained a display booth featuring pamphlets, charts, decals and placemats emphasizing Lead health hazards and preventative measures at the Home Show held at the Kane County Fairgrounds, St Charles, Illinois. General environmental, health, and safety questions were received and given direction. There were over 70 vendors drawing approximately 2,500 visitors. More than 285 pieces of information were distributed to at least 73 attendees that visited the display booth. In addition, 18 information packets detailing the new RRP (Renovation, Repair and Painting) rule including the effective dates, web sites, Small Entity Compliance Guide to Renovate Right, test kit updates and a CDC Lead skin wipes article were presented to window vendor booths. Also, the DVD "Don’t Spread Lead" was handed out.
Contacts: Dick Doughty, 312-886-6068 and Jim Nash, 312-886-0754, Chemicals Management Branch
MMB Attends 2009 RCC Workshop in Washington D.C.
On March 24-27, 2009, Materials Management Branch staff attended the 2009 Resource Conservation Challenge Workshop in Washington D.C. The three day workshop brought together representatives from various federal, state and local entities to discuss topics on municipal solid waste reduction, reuse and recycling; green initiatives; industrial material recycling; and priority/toxic chemicals reduction. During the workshop, MMB presented information on Region 5's Green Venue Initiative and moderated a session on foundry sand recycling.
Contact: Jerri-Anne Garl, 312-353-1441, Materials Management Branch
Coal Ash impoundment Structural Integrity Training
In the aftermath of the structural failure of a coal ash storage pond in Tennessee in December 2008 that resulted in extensive property damage, the EPA Administrator initiated a new initiative to perform integrity inspections of coal ash ponds at utilities throughout the country. On-site pond assessments will be conducted by EPA contractors and if found to be necessary, corrective measures will be taken appropriate to the hazard potential. Nate Nemani, RRB/LCD, volunteered to assist in oversight of the contractors and in preparation attended an 8-hour dam safety inspection training course held in Arlington, VA on April 1, 2009. The training was offered by the Department of Labor's national Mine Health and Safety Academy (MSHA) personnel.
Contact: Nate Nemani, 312-886-3224, Remediation and Reuse Branch
Pfizer PCB Remediation, Terre Haute, IN
On March 24, 2009, representatives from EPA and IDEM met with Pfizer personnel at the Pfizer PCB Remediation site in Terre Haute, Indiana. EPA & IDEM toured the off-site removal work taking place on approximately 3 miles of creek system impacted by a release of PCB impacted sediments from a former wastewater treatment plant pond. The release occurred during a major flood event in the area in June 2008. Pfizer is remediating the creek channel and affected overbank soils under approved TSCA workplans. Pfizer continues to work with affected residents to address their concerns during the remediation and restoration processes. Pfizer has posted a project update on the Jordan Creek website about the upcoming in-channel work affecting the local residents and informed local Homeowners Association Representatives, the local Tribune Star newspaper, and the Mayor. Pfizer hopes to complete the off-site removal work by this summer. The Agencies also toured the on-site WWTP ponds. Pfizer will submit a TSCA Risk-Based workplan to close the remaining ponds.
Contact: Peter Ramanauskas, 312-886-7890, Remediation and Reuse Branch
Completion of Mercury and Lead Soil Cleanup at Solutia, Sauget, IL
EPA approved the construction completion reports on March 30, 2009, for the cleanup of mercury and lead-contaminated soil at the Solutia facility located in Sauget, IL. The soil cleanup was required to be completed within one year of the February 2008 Final Decision. Additional cleanups to address PCB and chlorobenzenes source areas are on target for completion within the next two years. Over 600 cubic yards of mercury-contaminated soil was excavated and properly disposed off-site. A third of an acre of lead-contaminated soil has been covered with a minimum of three inches of asphalt and use restrictions are being placed on the property deed.
Contact: Kenneth Bardo, (312) 886-7566, Remediation and Reuse Branch
Application for Risk-Based PCB Cleanup at Kelsey-Hayes
On March 26, 2009 Dan Patulski met with representatives from TRW, parent to Kelsey-Hayes, and ARCADIS, the contractor for Kelsey-Hayes, to finalize comments on the application for risk-based PCB cleanup at the Kelsey-Hayes site in Milford, Michigan. A visit was also made to the site to observe where remedial measures will be conducted to remove and dispose off-site of PCB contaminated soil above 10 mg/kg down to a 5ft depth. The Milford village redevelopment coordinator was also present during the site visit to explain what the anticipated redevelopment will encompass. Presently, the approval letter for the application is being reviewed for signature
Contact: Daniel Patulski, (312) 886-0656, Remediation and Reuse Branch
Meeting with Wisconsin DNR and Michigan DEQ on RCRA Corrective Action Program
On March 26, 2009, Hak Cho and Robert Egan met with Mark Gordon, Wisconsin DNR manager, in Madison, Wisconsin regarding the WDNR's FY09 workplan and the 2011 GPRA goals of the RCRA corrective action program. A presentation was provided by WDNR on the current 2009 corrective action activities with the specific commitments for the GPRA measures, and also realistic projections for FY2010 and FY2011. The meeting covered the National Corrective Action goals for 2014, as well as the draft Region 5 - 2020 Strategy. The Region was very pleased to learn that WDNR has made very significant progress toward meeting its own and the Region's FY09 commitments. Overall, the meeting was very productive, and both agencies agreed to track the progress being made towards achieving the 2011 goals.
Hak Cho is planning a visit to Michigan DEQ in early April 2009 in Lansing Michigan, regarding MDEQ's 2011 and 2014 GPRA goals of the RCRA corrective action program.
Contact: Hak Cho, (312) 886-0988, Remediation and Reuse Branch
Conference Call with Illinois EPA on the Intergovernmental Agreement between IEPA and the City of Chicago for Management of Excavated Soils
On March 25, 2009, the Remediation & Reuse Branch (RRB) held a conference call with Illinois EPA (Remedial Project Management Section) regarding the planned Intergovernmental Agreement (IA) between IEPA and the City of Chicago. The IEPA is entering into an IA with the City of Chicago to formalize an agreement on the allowable reuse of soil and rubble within City boundaries in a manner that will be protective of human health and the environment. The City desires to reuse uncontaminated soil and rubble in a manner to lessen atmospheric emissions and lower the costs of transportation and disposal. The City estimates that it could reuse 25% of the soil it generates, resulting in a savings of approximately $2,000,000 per year.
IEPA offered several points of clarification on the purpose and limitations of the IA:
- The applicable sites must not be suspected chemical/waste contamination sites. At all applicable site locations, the City will need to perform a historical use investigation and disqualify sites that would be suspected of having hazardous chemical or waste releases; and allowable rubble must not have paint or asbestos covering. The City-owned property sites cannot be sites included in the IEPA's Site Remediation Program (SRP) or the IEPA's Voluntary Program;
- The IA designates chemical-specific concentration criteria to verify that excavated soils are uncontaminated and therefore safe for reuse. Previously, no numerical criteria existed to define excavated soil as "uncontaminated." The numerical criteria have two health risk-based levels: Level 1 (Residential use Tier 1 standards) and Level 2 (Commercial/Industrial use Tier 1 standards);
- If sampling shows the excavated soils have no contaminants above Level 1, the soils may reused at City-owned property or at designated SRP sites which must be approved by IL EPA. Those sites would be allowed for residential use. If sampling shows the soils have any contaminants between Level 1 and Level 2, the soils may reused at City-owned property or at designated SRP sites which must be approved by IL EPA. Those sites could have commercial/industrial uses, but can only have future Residential use if disposed soils are covered by an Engineered Barrier as approved by the State SRP program. If excavated soils have any contaminants above Level 2, those soils are not allowed for reuse at City-owned property, and must be transferred to an approved disposal facility. If the City wants to transfer ownership of a reuse site, it must obtain a No Further Remediation Letter from IL EPA which would stipulate any use restrictions for the site;
- The soil sampling volume/frequency for excavated soils will be consistent with soil sampling volume/frequency allowed under the State Voluntary Program, and consistent with an IA that IL EPA initiated with the IL Dept. of Transportation for reconstruction work on the Dan Ryan Expressway; and
- The IL EPA believes that it has conducted significant public notification and public hearing on this IA plan. Those efforts included postings, project description meetings, and Q&A sessions with a number of Chicago environmental groups; and a public hearing before the Chicago City Council Environmental Committee on March 16, 2009.
Contact: Mario Mangino, (312) 886-2589, Remediation and Reuse Branch
GM Powertrain Quarterly Public PCB Cleanup Information Sessions - Bedford, Indiana
On March 25-26, 2009, GM held their quarterly public information sessions for the ongoing PCB cleanup project at the Bedford, Indiana Powertrain Facility. Former disposal practices of PCB containing hydraulic fluid impacted numerous on-site plant areas and approximately 5 miles of a local creek system. GM has to date removed about 1.5 million tons of soil, rock, and sediment exceeding the cleanup criteria and disposed of the material at off-site landfills or on-site for containment under an engineered cap and containment system. Though sparsely attended by the public, representatives of IDEM and USEPA were in attendance. On Friday, March 27th, GM held a Community Liaison Panel (CLP) meeting. CLP members include local residents as well as the Mayor of Bedford and other community leaders. An article on the public information session appeared in the local paper on Friday the 27th. Most participants were interested in restoration activities and GM's financial ability to complete the project. GM Project Managers maintain that funds to complete the project have been reserved.
Contact: Peter Ramanauskas, (312) 886-7890, Remediation and Reuse Branch
Michigan DEQ, Ecological Risk - CA Project Assistance
Region 5, LCD, RRB is providing MDEQ support to develop capacity for evaluating ecological risk at State lead RCRA corrective action sites. Review of a draft ecological risk assessment report for Automotive Components Holding (ACH) facility in Saline, Michigan with comments was provided to MDEQ by RRB staff. The intent of RRB in providing this recent review of the ACH ecological risk assessment is to assist MDEQ in developing capacity in the area of ecological toxicology.
Contact: Mazur; Daniel, (312) 353-7997, Remediation and Reuse Branch
Environmental Covenant Filed For Dana Corporation Corrective Action Facility
Dana Corporation filed an environmental covenant with the Paulding County Recorder on March 20, 2009, for its RCRA facility located in Antwerp, Ohio. The environmental covenant was required by the July 2008 EPA Final Decision. The Ohio Uniform Environmental Covenant Act was used as the basis for the legal document. It requires Dana and the redeveloper who purchased the property to limit land use to industrial and commercial only, prohibits the use of groundwater, and allows for only a portion of the building and land to be used prior to completion of the final remedy.
Contact: Kenneth Bardo, (312) 886-7566, Remediation and Reuse Branch
CERCLA Off-Site Rule Workshop Held
The first in-person meeting of the CERCLA Off-Site Rule community to take place since 2005 was held in the Ariel Rios building March 23-24, 2009. Six of the ten CERCLA Off-Site Rule Regional Contacts were able to attend along with two regional CERCLA Off-Site Rule attorneys. This workshop was facilitated by Region 5 Regional Off-Site Contact William Damico.
Topics discussed at the workshop included the Training Reference manual (a guidance document for CERCLA Off-Site personnel), training for Superfund staff subject to the rule, recordkeeping and sharing, day-to-day operations and back-up regions for Continuity of Operations purposes. The community agreed that we have a number of action items to work on including working on procedures to share information about CERCLA Off-Site Rule rated facilities and updating our training reference document. The biggest need identified was for stronger central coordination, preferably from the headquarters Superfund office.
Contact: William Damico, (312) 353-8207, RCRA Branch
City of Midland Landfill Approved for CERCLA Off-Site Waste
On June 10, 2008 the City of Midland, MI asked for a review for CERCLA Off-Site Rule acceptability for their landfill. During the review conducted last summer, the Michigan Department of Environmental Quality informed William Damico, the reviewer, that the landfill had a deficiency in the landfill gas collection and control plan. This deficiency prevented the facility from being approved until the plan was revised and approved.
On March 23, 2009, Mr. Damico confirmed that the plan had been revised and was now approved. Subsequently, Mr. Damico was able to complete the review and prepare a letter for signature formally approving the City of Midland landfill to accept waste regulated by the CERCLA Off-Site Rule. This approval clears the way for Dow Chemical to use this landfill for disposal of some of their non-hazardous waste generated by their Superfund regulated cleanups.
Contact: William Damico, (312) 353-8207, RCRA Branch
Correspondence from Indiana Governor Mitchell E. Daniels, Jr. on Duke Energy
On March 30, 2009, Region 5 responded to Indiana Governor Mitchell Daniel's letter to Region 5's Acting Administrator, asking EPA to acknowledge that the process wastewater that will be generated at Duke Energy's Edwardsport facility (Duke) qualifies for a Bevill exemption for process wastewater from goal gasification and expressing concern for the economic impact if Duke's wastestream is not exempted.
Duke made its request in the fall of 2008 in the process of applying for federal Safe Drinking Water Act underground injection control Class 1 well permits for proposed wells at the site. Duke submitted its request on February, 2009 and Region 5 is working with EPA Bevill experts in headquarters to evaluate the request.
Region 5 stated that it will consider and relay Duke's request as it evaluates Duke's February, 2009 submittal.
Contact: Todd Brown, (312) 886-6091, RCRA Branch
LCD Participates in Binational Toxics Strategy Meeting
On March 31, 2009, LCD staff participated in the Great Lakes Binational Toxics Strategy (BTS) Substance and Sector Workgroup Meeting in Toronto, Ontario, Canada. The meeting theme was "Chemical Management in the Great Lakes -- New Directions." Federal and provincial environmental agency and industry representatives continued discussion of the substance selection process and the sector approach, noting changes due to the new U.S. Administration since the last Substance and Sector Workgroup meetings. Derek Muir of Environment Canada compared the chemical prioritization work, for an early warning monitoring system for persistent toxic substances, to other international screening processes. Beth Murphy of the Great Lakes National Program Office summarized international Great Lakes chemical contaminant monitoring programs. Environment Canada staff expressed interest in participating in Lake Michigan Lakewide Management Plan (LaMP) meetings to increase cross-LaMP communication.
Contact: Sue Brauer, (312) 353-6134, RCRA Branch
Federal RCRA Permit Issued to Heritage-WTI, Inc.
A federal RCRA permit was issued to Heritage-WTI, Inc. (d.b.a. WTI) on March 31, 2009. WTI, formerly known as Von Roll America, Inc., is a hazardous waste burning TSD facility located in East Liverpool, Ohio. Due to its close proximity to a local grade school, it has been very controversial due to many negative newspaper articles and public objections.
After two public meetings with Save Our County officials, citizens, and the facility representatives, all parties were convinced that the federal RCRA permit contains such terms and conditions necessary to protect human health of the community and the environment.
Contact: Wen Huang, 312-886-6191, RCRA Branch