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Significant Developments and Activities Report

LAND AND CHEMICALS DIVISION
Weekly Significant Developments and Activities Report
July 25, 2008

Keystone RV Company Settlement
The Chemicals Management Branch issued a combined Complaint and Consent Agreement and Final Order with Keystone RV Company on July 1, 2008 for a penalty of $21,000 for failure to timely file Form Rs for toluene for calendar years 2003, 2004, and 2005.  As part of the settlement, Keystone demonstrated that it had reduced usage of toluene by purchasing a d-limonene cleaner at a greater expense than the toluene containing lacquer thinners previously used.  The citrus cleaner contains no chemicals reportable in the Toxic Release Inventory.
Contact:  Terence Bonace, 312-886-3387   

TRI Data Quality Activities and Performance Measures
The United States Environmental Protection Agency Headquarters (U.S. EPA HQ) had pursued their effort towards improving the Toxic Release Inventory Program by activities aimed at enhancing reliability and quality of the reported TRI data. The task brought about a close cooperation of the HQ and affected Regions which were to evaluate potential data quality issues and/or TRI Report noncompliance by covered facilities which were identified by HQ by a range of targeting analyses.

Following specific input by the Regions regarding TRI chemical categories and suggested targeting analyses, HQ undertakes development, in course of given year, detailed lists of TRI facilities exhibiting possible deficient reporting.  Thereafter, the Regions are to be asked to evaluate any such deficiencies in TRI reporting and attempt to resolve specific questions by compliance assistance to the affected entities. Lists, created as Excel spreadsheets, would be sent to the Regions on a yearly rolling basis. 

Each Region will be asked to provide to HQs the following information, ad notated in writing, on the spreadsheets sent by HQ:

The Region 5 current “task list” was comprised of the facilities identified by HQ as those who filed Form R Reports or Form A Certification Statements for certain TRI chemicals for Reporting Year (RY) 2005 but did not file such Reports for RY 2006. In aggregate, Region 5 evaluated 661 records for 230 facilities. Our additional assessment of compiled information indicates that twenty nine of these facilities are multi-regional facilities, and three entities were identified as appropriate for CM. As such, these facilities were not contacted by the Region 5 TRI Program. Of those contacted for CA, twenty one facilities indicated that they will submit Forms R or Forms A, as applicable. Thirty one facilities had not met the reporting criteria due to being below the chemical thresholds [due to slow business, changes in the processes or raw materials], or being below the number of equivalent employee criterion. Two are now reporting under another TRI Facility Identification Number. Ten facilities were closed. Two facilities shown on “task list” were not covered industries and were omitted from our task activities. Furthermore, there were twenty five failed email deliveries; and five facilities had no email addresses and could not be contacted because their telephone numbers were not working (discontinued service). Fifteen facilities claimed to have submitted the required TRI Reports, however, some of them submitted them past the reporting deadline due to problems in their electronic certification process.

The discussed task activities begun in March 2008 and were completed by middle of July 2008. Sometime by October or November 2008, EPA HQ is expected to verify the to-date submittals by the facilities who voluntarily promised to comply with the reporting requirements and send missing submittals. The Regions are now anticipating the HQ will prepare another list for the Data Quality checks for RY 2007. According to HQ, the Regional Coordinators would continue to participate in monthly CA/CM meetings to discuss current TRI issues and assess progress on the completed Data Quality check lists. HQ proposed that the performance of the Regions on evaluating and resolving issues shown on the “task list” will be counted as “Performance Measure.”
Contacts:  Thelma Codina, 312-886-6219; Frank Gabrielow, 312-886-0404

Illinois Lead Poisoning Elimination Advisory Council Meeting, Bloomington, Illinois
On 07/11/2008, David Turpin attended an Illinois Lead Poisoning Elimination Advisory Council Meeting in Bloomington, Illinois, along with approximately 30 attendees from the Illinois Department of Public Health (IDPH), Local Health Departments and other agencies.  The purpose of the quarterly meetings is to coordinate advisory efforts with the IDPH lead (Pb) program and outside resources in eliminating Pb poisoning.  Outreach literature on EPA’s new Renovation, Repair and Painting Rule was distributed at the meeting along with a brief explanation on each item and the Rule.  One of the main outcomes of the meeting was advising the group that IDPH would be using a new database in the near future to track incidents of elevated blood lead data in the state.  The Centers for Disease Control and Prevention (CDC) will be distributing the database called RASCAL II that will replace the STELLAR database that is presently being used by IDPH.
Contact:  David Turpin, 312-886-7836

Nanoscale Materials Stewardship Program Meetings, July 22, 2008
On July 21st and 22nd, 2008, the Land and Chemicals Division hosted two OPPTS seminars and one mini-workshop regarding OPPTS' voluntary Nanoscale Materials Stewardship Program (NMSP) and its relation to the Toxic Substances Control Act (TSCA) and other OPPTS voluntary programs.

The July 21st seminar was geared toward Region 5 stakeholders, with OPPTS staff presenting an overview of current core TSCA statutory and regulatory requirements, the related NMSP, and the policy direction of other OPPTS, OSWER and ORD work with nanomaterials. Approximately 25 LCD staff attended the meeting and took advantage of the opportunity to ask many questions about nanomaterials and the new stewardship program.

The July 22nd seminar and workshop was geared towards targeted nanomaterials manufacturers in the Region 5 area. OPPTS staff presented the current TSCA framework, statutes and regulations for nanomaterials manufacturers, followed by an NMSP overview and outreach for the program. Representatives from nine interested companies within Region 5 were present. The session concluded with a mini-workshop with a question and answer period for parties to discuss questions regarding TSCA and the NMSP as well as NMSP eligibility and membership requirements.
Contacts:  Bradley Grams, 312-886-7747; Shelly Heger, 312-886-4510; Seth Dibblee, 312-886-5992

East Chicago Waterway Management Board (ECWMB) Public Meeting:
Laura Lodisio attended the ECWMB public meeting on July 16, 2008 in East Chicago, Indiana.  The ECWMB is the local sponsor of the U.S. Army Corps of Engineers (USACE) on the confined disposal facility (CDF) project to be utilized for disposal of contaminated sediments to be dredged from the Indiana Harbor and Shipping Canal.  Agenda items included progress report by the USACE and other new and routine business.  The Temporary groundwater treatment system is running.  Bids will go out in August for permanent groundwater treatment system. The groundwater gradient system is complete and extraction wells are being installed.  Tie back wall on south end is complete and a new test section is being installed to test integrity of south cutoff well.  Air monitoring plan is under development in coordination with USEPA and IDEM. 
Contact:  Laura Lodisio, 312-886-7090   

EPA Comments on Section 6.4.5.2 – Ingestion Absorption Efficiency of the Remedial Investigation Work Plan – Tittabawassee River and Floodplain Soils
On July 18, 2008, EPA Region 5 provided comments to the Michigan Department of Environmental Quality (MDEQ) on Section 6.4.5.2 - Ingestion Absorption Efficiency, of the Remedial Investigation Work Plan -- Tittabawassee River and Floodplain Soils.  Region 5 provided the comments in response to an MDEQ request.  Dow proposed to replace the MDEQ default dioxin bioavailability value of 50% with a value of 25%.  EPA does not consider the proposed oral bioavailability (ingestion absorption efficiency) values to be scientifically defensible for use in assessing the risks for incidental soil ingestion for the contaminated soils in the City of Midland or the Tittabawassee River, since they are based only upon questionable swine data, include only one soil sample, include only 1 dioxin concentration, and the study ignores nearly all recommendations of Dow’s external Peer Panel.  
Contacts:  Gregory Rudloff, 312-886-0455; Mario Mangino, 312-886-2589 

Final Decision for Dana Corp in Antwerp, OH
Region 5 issued its final decision to select the corrective measures for the soil and groundwater at the Dana Corporation facility in Antwerp OH.  Several areas of the facility are contaminated with TCE and its degradation products.  The selected remedy calls for the contaminated soils in those areas to be treated by in situ chemical oxidation.  The remedy also calls for monitored natural attenuation of contaminated groundwater in the bedrock aquifer, as well as implementing the appropriate institutional controls.
Contact:  Kenneth Bardo, 312-886-7566   

National Partnership for Environmental Priorities Meeting
On July 16, 2008 , Janet Haff of the Materials Management Branch met with the Battle Creek Publics Work Department on becoming a member of the National Partnership for Environmental Priorities (NPEP).  Based on discussions, the facility may consider reducing lead and mercury under the NPEP program,  Further follow-up will be completed in a month.
Contact:  Janet Haff, 312-353-7923   

National Partnership for Environmental Priorities Meeting with the Saginaw Chippewa Indian Tribe
On July 17, 2008, Janet Haff and Burdell Chapman of the Materials Management Branch met with a representative of the Saginaw Chippewa Indian Tribe to discuss their involvement in the National Partnership for Environmental Priorities (NPEP) program.   We worked on drafting goals for mercury reduction.  Follow-up will be conducted at the end of July.
Contact:  Janet Haff, 312-353-7923   

ORD/NCER Teleconference on Emerging Chemicals
On July 22, MMB staff, along with staff from the Headquarters' Design for the Environment (DfE) Program discussed the Emerging Chemicals Framework in a teleconference with the Human Health Team in the ORD National Center for Environmental Research.  In particular, we discussed Bisphenol A as an emerging chemical.

Bisphenol A is widely used as the monomer in polycarbonate plastic, and in the epoxy resin used to line steel cans for food.  Bisphenol A is a well known aquatic toxicant, and occupational exposure controls have been in place for decades.  However, Bisphenol A has been associated with estrogenic effects at very low doses, and we have recent evidence of human exposure through the CDC NHANES study approaching those doses.  In a precautionary action, Canada has restricted the sale of baby bottles and sippy cups made  with Bisphenol A.  And while the NIH National Toxicology Program has expressed "some" concern about reproductive toxicity, the Food and Drug Administration has determined that Bisphenol A is safe at the present level of exposure.  In a recent press statement, OPPT has committed to evaluate Bisphenol A in its new Chemicals Assessment and Management Program (ChAMP), and act upon its findings as appropriate.

The Emerging Chemicals Framework provides an internal forum where EPA programs can exchange and update information and adjust their respective approaches accordingly.
Contacts:  Seth Dibblee, 312-886-5992; Kathy Hart (HQ), 202-564-8787   

Presentation for Battle Creek, Michigan City Council on Schools Collection
On July 15, 2008, Janet Haff presented information on the recent school chemical collection that took place in Western Michigan.  The presentation was given to the Battle Creek City Council.  There was a discussion about the partnerships developed with the Battle Creek Math and Science Center, U.S. EPA and the Battle Creek Public Works. 

The presentation included information on the amount of schools participating in the training, site visits and the school chemical collection.  Over 700 lbs of chemicals were collected during this event, including over 40 lbs of mercury and other lead and lead compounds. 
Contact:  Janet Haff, 312-353-7923

U.S. EPA, Region 5 Issues a Stop Sale, Use, or Removal Order (SSURO) to Wolverton, Inc.
The U.S. EPA, Region 5 has issued a SSURO to Wolverton, Inc., located at 16020 South Lowell Road, Lansing, Michigan 48906. The alleged violation is the distribution/sale of an unregistered pesticide product "Four Paws Keep Off! Naturally." The label of this product contains pesticidal claims, and is not registered, nor has any pending registration under Section 3 of FIFRA.
Contacts:  Joseph Lukascyk, 312-886-6233; Terence Stanuch, 312-886-8044

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