Significant Developments and Activities Report

LAND AND CHEMICALS DIVISION
Weekly Significant Developments and Activities Report
September 5, 2008

Advance Notice of Limited Distribution of TRI Data

During the week of September 8, 2008, the TRI Program in HQs will be releasing TRI data for Reporting Year 2007. The release of the data is referred to as electronic Facility Data Release (e-FDR) and will give advance information to stakeholders of the releases and the management of waste of a specified facility.

However, the e-FDR only reports information on a Form by Form basis. For the e-FDR, only one specified facility can be accessed for a given search and there is no summary of the data per facility. For example, if a facility submitted 30 Forms for 30 chemicals, you can view each of the 30 Forms. Data consolidation of the 30 Forms for the facility will not be part of the e-FDR (e.g., total releases of the facility is not available).

The more extensive TRI National Data Release, which will be done later (probably in 2009) will be in a database format with the ability to conduct more comprehensive data searches and analysis and generate reports.

The e-FDR could also still be useful in accessing Forms of a facility that ranked high last year (RY 2006) or a facility of concern. TRI Forms on any facility that had made TRI submissions for RY 2007 can be accessed through e-FDR.
Contact: Thelma Codina, 312-886-6219

RCRA CAFO Issued to Lighting Resources

On August 28, 2008 , Region 5 simultaneously commenced and concluded an action against Lightning Resources, LLC, which operates a mercury storage facility in Indiana, with a Consent Agreement and Final Order issued under 40 C.F.R. § 22.13(b). The proposed settlement calls for a penalty of $70,156, in four quarterly installments, for the two violations cited: 1) failure to have documentation or records at the Facility documenting training as required by the facility’s State-issued RCRA Permit; and 2) failure to timely respond to a RCRA 3007 information request. The facility also agreed to provide annual RCRA specific training and keep records of the annual training. Respondent was allowed to make payments in quarterly installments based on the impact of the recent oil prices on Respondent’s business. A $70,156 penalty is sufficient to deter RCRA violations and the failure to comply expeditiously under the circumstances of this case.
Contacts: Diane Sharrow, 312 886-6199; Maria Gonzalez, ORC, 312 886-6630

Corrective Measures Oversight at Sherwin-Williams, Chicago Facility

On August 27, 2008 the EPA conducted an inspection of the Sherwin-Williams Chicago Facility. The purpose of the on-site inspection and meeting with Sherwin-Williams was to assess the progress of the construction of the approved corrective measures; and to review minor design changes to the remedy and project schedule. Implementation of some aspects of the approved corrective measures may extend into 2009, including seeding of the 25-acre landfill and final dewatering inside the sheet-pile wall at Area 2 East. The majority of the corrective measures (>90%) will have been completed within 2008, however. The EPA plans to return for another inspection when the project is completed.
Contact: Todd Gmitro, 312-886-5909

NOV for AK Steel, Mansfield, OH

On September 3, 2008, a Notice of Violation was sent to AK Steel, located in Mansfield, Ohio. Based on findings from the November 12, 2003 and September 29, 2004 Compliance Evaluation Inspections and from the September 28, 2006 sampling inspection, AK Steel was in non compliance with conditions for a hazardous waste storage permit exemption and with various requirements; such as having an incomplete training program; having an incomplete contingency plan; and storing hazardous waste illegally.
Contact: Jamie Paulin, 312-886-1771

Top of page