Significant Developments and Activities Report

LAND AND CHEMICALS DIVISION
Weekly Significant Developments and Activities Report
October 17, 2008

NOV Issued to Kinder Morgan Liquids Terminals LLC, Chicago, Illinois

On October 10, 2008, a Notice of Violation was sent to Kinder Morgan Liquids Terminals LLC, Chicago, Illinois. Based on findings from the July 1, 2008 Compliance Evaluation Inspection, Kinder Morgan Liquids Terminals LLC was in non compliance with conditions for a hazardous waste storage permit exemption; such as accumulating hazardous waste in excess of 55 gallons at the point of generation, having an incomplete training program; and having an incomplete contingency plan.
Contact: Daniel Chachakis, 312-886-9871

Land and Chemicals Division Attends International Environmental Nanotechnology Conference

Land and Chemicals Division (LCD) staff attended the International Environmental Nanotechnology Conference, held at the Hyatt Regency October 7-9, 2008, with other EPA Region 5 and headquarters staff in order to examine the applications and implications of Nanotechnology usage in the programs LCD administers in the region, such as the Toxic Substances Control Act (TSCA), Resource Conservation and Recovery Act (RCRA), the Federal Insecticide Fungicide and Rodenticide Act (FIFRA) and the Pollution Prevention Act (PPA).

The focus of the meeting and LCD staff activities was to find methods to approach, develop and share economically and environmentally beneficial frameworks and information sharing methods, as well as risk characterization, determination and analyses in order to determine the most beneficial applications of nanotechnology to activities completed within LCD, especially in the areas of FIFRA and TSCA chemical products, RCRA corrective action and pollution prevention.

LCD staff is continuing to work with stakeholders from the conference in order to improve current and planned programs to more effectively examine the applications and implications of nanomaterials.
Contacts: Bradley R. Grams, 312-886-7747; Mirtha Capiro, 312-886-7567

No Further Interest Letter Issued to GM or PCC-E Parcel at its Pontiac Centerpoint Campus in Pontiac, Michigan

On October 8, 2008, a No Further Interest (NFI) Letter was issued to General Motors Corporation for a 24 acre parcel of property, known as PCC-E, and located at GM’s Pontiac Centerpoint Campus facility in Pontiac, Michigan. The NFI letter was issued based on a request by GM, which is presently in negotiations with ProVisions, LLC for purchasing the parcel, and describes EPA’s current knowledge of existing environmental conditions at the parcel. The anticipated use will be for office space and will not require any physical changes to the parcel.

Based on current knowledge of the conditions at the PCC-E parcel, EPA neither plans nor anticipates any further corrective actions at the parcel. This is based on historical assessments of the GM facility, as part of the corrective action process, that did not identify any SWMU(s) or AOC’s on the property, and therefore, did not require any further evaluation. As a result, the parcel was not identified in subsequent 3008(h) orders issued to GM in 1999 and 2007 for conducting corrective action at the facility. In addition, the restrictive covenant, filed with the Oakland County Register of Deeds, that serves to limit the use of portions of the facility, does not include the PCC-E parcel. Recent soil data collected in August 2008 by ASTI and GM, as part of a due diligence effort by ProVisions, showed metals to be within the range of background levels and/or below the Michigan DEQ Part 201 Generic Cleanup Criteria and Screening Levels.

The letter states that EPA does reserve the right to require correction action should information become available or should there be a change in site conditions that indicate there was/is a release of hazardous constituents which may pose a threat to human health and the environment.
Contact: Daniel Patulski, 312-886-0656

Settlement Reached with Wolverine Oil and Supply Company, Dearborn, Wayne County, Michigan

On October 9, 2008, the U.S. Environmental Protection Agency filed a joint Administrative Complaint and Consent Agreement and Final Order (CAFO) against Wolverine Oil and Supply Company, Dearborn, Michigan. The CAFO resolves allegations that include the Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA), and Emergency Planning and Community Right-to-Know Act (EPCRA). EPA alleged violations of: particular Used Oil Management Standards in 40 CFR Part 279 pursuant to RCRA; Spill Prevention, Control, and Countermeasures requirements in 40 CFR Part 112 pursuant to the CWA; and, failure to submit the Emergency and Hazardous Chemical Inventory to the State Emergency Response Commission, the Local Emergency Planning Committee, and the local fire department with jurisdiction over the facility for calendar years 2002-2005 under EPCRA.

As part of the settlement agreement, Wolverine Oil and Supply Company agreed to pay a $25,000 and to conduct environmental projects valued at about $100,000.00 to return to compliance. Wolverine Oil and Supply Company will have 60 days to pay the penalty.
Contact: Sue Brauer, 312-353-6134

TRI Data Quality Compliance Assistance

Data quality reviews of Toxic Release Inventory (TRI) Forms R for reporting years (RY) 2007-2004 were made [in cooperation with Pesticides / Toxics Compliance Section] and appropriate compliance assistance was provided to an electronic firm located in state of Illinois. The covered chemical under EPCRA section 313 was Lead used during processing or soldering operations. Areas requiring attention were fugitive or non-point air emission data and several aspects of TRI Form R Reports concerning source reduction and recycling activities addressed in report's section 8.
The target facility has voluntarily promised to make promptly all necessary corrections to the affected TRI Reports.
Contact: Frank Gabrielow, 312-886-0404

Region 5 States Will Receive the First Endangered Species Protection Bulletins to Protect Karner Blue Butterfly from Pesticide Exposure

Region 5 has received some 23 draft county maps for review. The maps are for use in bulletins which will provide pesticide use restrictions on cranberries grown in Wisconsin and Michigan to protect Karner Blue Butterfly. Pesticide use limitation areas are under review by the States along with language that will be included in the bulletins. The pesticide label will show a generic statement referring the pesticide user to a web site where they can look up the county in which the pesticide will be used in order to see if there are any pesticide use restrictions to follow. The bulletins will be on line for a user to download and consult as necessary for compliance with endangered species protection measures. A fact sheet on the species will also be available on line. The goal is to provide comments from the Region, State and pesticide user community by mid November so that final Bulletins can be produced in time for the 2009 growing season. This will enable a lower risk pesticide to be used in place of higher risk pesticides which are being phased out due to ecological risks.
Contact: Margaret Jones, 312-353-5790

Lead Outreach at the Chicago Department of Housing Expo, Chicago Center for Green Technology, Saturday, October 4, 2008

EPA's Region 5 Lead Team had a display board and brochures emphasizing the hazards of Lead and prevention of Lead poisoning at the Chicago Department of Housing Expo, Green Technology Center, in Chicago, Illinois. Although numbers of attendees and vendors participating at the event were not available, 35 people stopped by the Region 5 booth and took 449 pieces of material. The Green Technology Center librarian expressed interest in using the Protect My Environment placemats and Help Me Be Lead Safe decals for her programs.
Contact: James Nash, 312-886-0754

MMB Hosts Mid-America Council of Recycling Officials (MACRO)

Representatives of eight MACRO states (including five Region 5 states) met in Chicago on October 14th-15th to discuss organizational business and issues that are currently affecting state recycling programs, including shrinking budgets and staff resources. Staff from EPA HQ, R5 and R7 participated as friends of MACRO. The states drafted an Action Plan to assist their Executive Director in seeking funding opportunities for the organization. They also discussed ways to promote recycling role in mitigating climate change and supporting the economy.
Contact: Julie Gevrenov, 312-886-6832

The National Building Museum in Washington D.C. Opening an Exhibit on Muskegon Heights RCRA Brownfields Project

Green Community” is the Museum’s first major exhibition in the United States to explore the complex process of creating and sustaining healthy communities. Region 5’s Muskegon Heights RCRA Brownfields Pilot (Tricil) Mona Terrace is a new community that is planned for 51 acres of land that was once unusable and contaminated by a hazardous wastewater treatment plant. The combined efforts of citizens, local and state governments, the U.S. EPA, and private industry led to cleaning up the brownfield site. It will now be further transformed into a walkable neighborhood with housing, shopping, and community gardens. This renewed area of the city will be reconnected to the rest of the community, and the restored wetlands of neighboring Little Black Creek will again be enjoyed by all of Muskegon Heights.

The Muskegon Heights exhibit will be on display for an entire year from October 23, 2008 through October 25, 2009, Green Community is the third in the National Building Museum's series of exhibitions that focus on sustainability in architecture, planning, and design. The communities they highlight are successful and innovative examples of sustainable planning, policies, design, and technology.

After Green Community closes at the Museum in 2009, the exhibition will travel to other venues.
The National Building Museum is America’s leading cultural institution dedicated to exploring and celebrating architecture, design, engineering, construction, and planning. It was chartered by Congress in 1980 and open to the public in 1985. The museum focuses on exchanging ideas and information about the built environment through its exhibitions, education programs, and publications. Below is the URL for their website.

http://www.nbm.org/exhibitions-collections/exhibitions/green-community/green-community.html

Contact: Ann Wentz, 312-886-8097

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