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Significant Developments and Activities Report

LAND AND CHEMICALS DIVISION
Weekly Significant Developments and Activities Report
May 8, 2009

Pesticide Import Inspection at Channel Distribution Corp., Itasca, IL
On April 27, 2009, the EPA Region 5 Pesticides and Toxics Compliance Section conducted a pesticide import inspection at Channel Distribution Corp., Itasca, Illinois, to review a pesticide product being imported by Walsh & Associates of St. Louis, Missouri. The Ohio Department of Agriculture found this same product to be in violation of the Federal Insecticide, Fungicide and Rodenticide Act during an inspection on April 19, 2009.

During its inspection PTCS observed that the pesticide product had a number of labeling violations. Based on these observations, PTCS contacted the importer and informed it that the pesticide could not be released into U.S. commerce. PTCS offered the importer the choice of returning the pesticide to the country of origin, or paying a penalty and relabeling the product in the U.S. On May 1, the importer decided that it will return the pesticide to the country of origin. PTCS will inform U.S. Customs of this decision.

Contact: Claudia Niess, 312-886-7598, Chemicals Management Branch

Accreditation Process Begins for Lead (Pb) Renovation Trainers
Region 5's review of applications for training provider accreditation under the new Pb Renovation, Repair and Painting (RRP) Rule has officially begun with our receipt of the first submissions assigned to this Region. Those training organizations seeking EPA approval to offer the new Pb Safe Renovator or Dust Sampling Technician (initial or refresher) courses were able to apply starting on April 22, 2009 for EPA's approval to conduct classes in English and other languages. Renovation contractors performing regulated activities for compensation in pre-1978 housing and child-occupied facilities must complete these courses in order to become certified. The demand for these courses is expected to be substantial, and it will be critical to EPA's successful launch of this new program to establish the needed training infrastructure. Trainers initially apply to EPA Headquarters. When HQ determines them to be complete, the applications are forwarded to the respective EPA Regional Office where the applicant's business address is located. The first applications were distributed by HQ on April 27, 2009. To date, this Region has received 5 applications for review, with 4 others pending. Each will be carefully reviewed based upon the regulatory criteria. Complete applications must be approved or disapproved within a 180-day timeframe. The Region anticipates that it will be able to approve these applications based upon a temporary delegation of authority currently under development.

Contact: Phillip King, 312-353-9062, Chemicals Management Branch

School Chemical Collection in Green Bay, Wisconsin Area
On the weekend of May 2-3, 2009, MMB staff collected an estimated 250 pounds of mercury and mercury-containing compounds during a school chemical collection event. As part of this waste minimization effort, 22 schools participated in a three phase training, site visit and collection process. This project was completed in partnership with the College of Menominee Nation and the Wisconsin Department of Public Instruction. A detailed report will be developed documenting the amount of chemicals removed from the schools.

Contact: Janet Haff, 312-353-7923, Materials Management Branch

Region 5 Tribal Open Dump Inventory Complete
MMB staff in cooperation with the 35 Region 5 Tribes, and the Indian Environmental Office (IEO), have successfully identified 189 open dumps upon completion of the Region's requirements for fulfilling the Open Dump Inventory. The inventory is a national effort within the Tribal Solid Waste Program to establish a baseline for open dumps on tribal lands across the country. All information collected has been successfully stored in the national Indian Health Service (IHS) web based Sanitation Tracking and Reporting System (wSTARS) database. Region 5 tribes reporting dumps include: WI--7 Tribes with a total of 32 dumps, MN--5 Tribes with a Total of 104 dumps, and MI--5 Tribes with a Total of 53 dumps. Closing of dumps fulfills one of our regional commitments and Senior Management Measures in the Annual Commitment System (ACS) and reflects EPA's national program goals. The inventory will continue to be updated as needed in order to maintain an accurate national and regional representation of open dumps in Indian Country. MMB staff will continue to support the tribes in their efforts to clean and close any remaining dumps and manage a successful solid waste program.

Contact: Rebecca Geyer, 312-353-8314, Materials Management Branch

U.S. EPA Conducts a Midyear Review for the Minnesota Department of Agriculture's Pesticides Cooperative Agreement

From April 21-22, 2009, Donald Baumgartner, Technical Contact, and Sharon Kiddon, Project Officer, conducted a Midyear Programmatic and Financial Review respectively of workplan activities under the Minnesota Department of Agriculture's (MnDA) FIFRA Cooperative Agreement. The purpose of this midyear was to review the pesticides program implementation, applicator certification/training and enforcement activities outlined in MnDA's FY09 workplan to ensure the State is meeting their projected commitments. Financial drawdown activity was also reviewed. EPA will compile information collected during the review and submit a midyear report to MnDA. In addition, Larisa Leonova, Quality Assurance Officer, and Susan Rittenhouse, Quality Assurance Specialist, conducted an assessment of MnDA's Lab and quality assurance documents.

Contact: Sharon Kiddon, 312-886-6173, Program Services Branch

Environmental Presentations to Lincoln Way North High School Students in Frankfort, IL
On Tuesday, April 28, 2009 EPA staff participated in two presentations for approximately 50 students at Lincoln Way North High School, Frankfort, IL. A video of Love Canal was shown to frame the issues to be discussed. A presentation was given on a Superfund cleanup site in Indiana to illustrate the cleanup process, stakeholder involvement, and the extent to which a release of contaminants can impact a large drinking water aquifer. In addition, students learned about the importance of recycling and the “recycle loop” process. Environmental publications and rulers made from currency were provided to the students and teachers.

Contact: Bob Harris, 312-886-7577 Program Services Branch

Arthur Ashe Elementary School, Chicago, IL
On May 6, 2009, a representative from Land and Chemicals Division presented to over 100 students at the Arthur Ashe Elementary School Career Day. The students, ranging from 3rd - 7th grade, were all interested in hearing about EPA and the mission to protect public health and the environment. Students were interested in the types of jobs they could apply for and the educational experience they should strive for. There were many questions from the students about the environment. The children received rulers made from recycled currency and they were educated on the “recycle loop”.

Contact: Bob Harris, 312-886-7577 Program Services Branch

Earth Day Celebration at Ralph Metcalfe Federal Building Chicago, IL
On April 22, 2009, staff from Land and Chemicals Management Division ran an earth day exhibit. The “Recycle Loop” was presented to about 300 visitors at the Ralph Metcalfe Federal Building. The “Recycle Loop” demonstrated how materials are recycled and manufactured as new products. Examples included a bug made out of recycled glass, plastic lumber and carpet made from bottles, and tile made from paper. Pencils made from recycled money were distributed along with environmental publications including: public health and pesticide safety literature, radon booklets, mold information and more.

Contacts: Bob Harris, 312-886-7577 Program Services Branch; Steven Morgan; 312-353-1524; Chemicals Management Branch

Environmental Land Use Control Filed for Solutia Inc. Located in Sauget, IL
Solutia, Inc., filed an Environmental Land Use Control (ELUC) with the St. Clair County Recorder on May 1, 2009, for its 177-acre RCRA facility located in Sauget, Illinois. The ELUC was required by the February 2008, EPA Final Decision. EPA worked with Illinois EPA and Solutia in drafting the ELUC. The ELUC was approved by Illinois EPA as part of its Tiered Corrective Action Objectives (TACO) program. It requires Solutia to limit land use to industrial purposes only, prohibits the use of groundwater, requires site permits and safety plans for onsite excavation and construction work, requires O&M and monitoring of ongoing and completed remedies, and requires an assessment of the need for vapor barriers for any new buildings.

Contact: Kenneth Bardo, 312-886-7566, Remediation and Reuse Branch

Corrective Action Accomplishments
As of the end of April, 2009, the Corrective Action Program has completed 19 of 35 (54%) of the human health protection determinations, 17 of 26 (65%) of the ground water protected determinations and 10 out of 23 (43%) of the remedy construction complete determinations planned for this year, FY09. The states of OH and IN have completed a number of project determinations in the first half of the year and we project that the other states will complete large numbers of determinations in the second half of the fiscal year. By making these determinations, the public can be assured that the relevant sites have been studied and decisions made that threats to their health or the local groundwater do not exist and that progress is being made to completing the work necessary to declare the sites clean.

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

GM Human Health Streamlined Risk Assessment Meeting
On April 30, 2009, Remediation and Reuse Branch Corrective Action staff, Hak Cho, Allen Debus, Colleen Olsberg, Bhooma Sundar, Mario Mangino and EPA contractor, Tech Law conferenced with GM and their contractor, Environ to discuss current issues on the streamlined risk assessment (SRA) methodology. The goal of the SRA is to accelerate the timeline of corrective action at GM sites. The original discussions between GM and EPA on the streamlined risk assessment methodology took place in 2003. The result was a GM-developed, November 2003 document, "Health-Based Evaluation of Data to Streamline RCRA Facility Investigations (RFIs) at General Motors Facilities." Since then, additional issues have arisen that necessitate updating this document. Another scheduled conference will extend organizational considerations of this revised "streamlined risk agreement."

Contact: Allen Debus, 312-886-6186, Remediation and Reuse Branch

Dow Chemical’s (Dow) Proposed Presumptive Remedy for the City of Midland, MI
On April 28, 2009 EPA transmitted a letter to MDEQ concurring with MDEQ’s February 6th, 2009, comments to Dow and raising additional concerns with Dow’s proposed presumptive remedy for the City of Midland, Michigan. Dow's proposed presumptive remedy is intended to address dioxin soil contamination within the city which resulted from air deposition from Dow's historic incineration operation. Dow proposes to use air dispersion modelling combined with limited soil data to determine the area of contamination rather than collect soil samples. EPA concurred with MDEQ that: Dow should use all available data, and consider historic air emission sources in addition to the current incineration complex for its air dispersion model; additional sampling in Midland will be required for model calibration and verification; and since Dow has not submitted a written proposal, EPA recommended that MDEQ not approve Dow’s proposed approach until Dow submits a detailed work plan.

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

Fire at Veolia ES Technical Solutions, LLC - Miamisburg, OH
Shortly after midnight on May 4,2009, the Veolia ES Technical Solutions facility in Miamisburg, Ohio had an explosion and caught fire. Multiple employees were injured during the incident. The explosion seemed to be caused by solvent vapors escaping during a transfer from one tank to another. Veolia is a RCRA TSD. The facility itself sustained significant damage. In addition, some neighboring businesses and homes were also damaged. The Ohio EPA is monitoring the air and a nearby stream for contamination. As of this writing, small fires are still being put out. The complete extent of the damage both to the facility and the community has not yet been determined.

Contact: William Damico, 312-353-8207, RCRA Branch

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