Significant Developments and Activities Report

LAND AND CHEMICALS DIVISION
Weekly Significant Developments and Activities Report
November 7, 2008

University of Minnesota Fay Thompson Center for Environmental Management Notice of Violation

On July 30, 2008, a Notice of Violation was sent to the University of Minnesota Fay Thompson Center for Environmental Management, located in Minneapolis, Minnesota. Based on findings from a July 30, 2008 Compliance Evaluation Inspection, the Fay Thompson Center for Environmental Management was in non-compliance with a manifest record condition for a hazardous waste storage permit exemption for its generation of hazardous waste. Also, the Fay Thompson Center for Environmental Management was in non-compliance with conditions in its hazardous waste storage permit; including personnel records and hazardous waste storage tank system inspection requirements.
Contact: Daniel Chachakis, 312-886-9871

Information Requests to Retailers

On October 28, 2008, the Chemicals Management Branch issued 8 Information Requests to retail stores who were the recipients of Stop Sale Orders in April of this year for the unregistered Scotts Miracle Gro pesticide, Miracle Gro Shake n Feed All Purpose Plant Food Plus Weed Preventer. The Information Requests were issued to determine if these retail stores continued to sell this unregistered pesticide after the Stop Sale Order was issued to them. The retailers are Walmart, Kmart, Ace Hardware, Do it Best, Home Depot, Meijers, True Value and Lowes.
Contact: Terence Bonace, 312-886-3387

Lead Program Conference Call

On November 3rd, Region 5's lead (Pb) based paint program hosted a conference call with all of the Region's states, Region 7, and all of Region 7's states. During the conference call, Region 5 discussed the process for states and tribes to start to seek authorization of a Pb-based paint renovation program, consistent with the recent Lead Based Paint Renovation, Repair, and Painting (RRP) rule. The first step is for a state or tribe to submit a letter of intent to the Region, which includes information on its plans and schedules to develop a program for the RRP rule. The letters are due by March. The Regions' and States' also discussed plans to have there annual Pb program meeting, and tentatively scheduled it for late January, 2009, in St. Louis.
Contact: Phillip King, 312-353-9062

MMB Hosts Conference Call on the CRT Rule with Regional Electronics Recyclers

On November 6, 2008 staff of the Materials Management Brach hosted a phone call on the export requirements of 2006 Cathode Ray Tube (CRT) Rule. This rule is intended to help facilitate the recycling of CRTs by simplifying and clarifying the management requirements for them. This call with nearly one dozen attendees from four states allowed electronics recyclers and state environmental staff to learn more about the export requirements of the rule. Attendees also were able to ask questions of Region 5 and Headquarters staff about the rule. These attendees were notified of the call by the October CRT Rule mailing to electronics recyclers in the region.
Contact: Christopher Newman, 312-353-8402

New Scotts Stop Sale Order and Amended Stop Sale Order

On October 31, 2008, the Chemicals Management Branch issued a Stop Sale Order to Scotts Miracle Gro and affiliates for Ortho Brush B Gon Brush Killer, Weed B Gon Spot Weed Killer Concentrate, and Weed B Gon Spot Weed Killer. This Stop Sale Order applies only to misbranded pesticide product in storage at Scotts facilities and allows movement of this product for the purposes of relabeling to bring it into compliance or shipment for legal disposal. The Stop Sale Order does not apply to product that has labeling accepted by EPA and is otherwise in compliance with pesticide requirements.

In addition, an Amendment to the May 2, 2008 Stop Sale Order was issued the same day for Scotts Bonus S Max Southern Weed & Feed and Fire Ant Killer to allow distribution of product that bears the February 6, 2007 EPA accepted label and the movement of non-compliant product for the purpose of relabeling or legal disposal.
Contact: Terence Bonace, 312-886-3387

Notice of Final Decision Signed for EMD Chemicals, Cincinnati, Ohio

On November 5, Region 5 signed its Final Decision and Response to Comments for corrective measures at EMD Chemicals, Inc., Cincinnati, Ohio. Buried wastes at EMD have released 1, 4-dioxane and chlorinated VOCs to ground water. The 1,4-dioxane plume extends off-site beneath the Ohio DOT right-of-way for two multi-lane highways, and terminates between the thoroughfares. The only potential human exposure scenario is construction worker contact with contaminated ground water. However, the off-site risk assessment has determined that the cancer and non-cancer risk is presently within acceptable EPA limits. The remedy will include containment of contaminated ground water via a slurry wall and capture trench, placement of improved cover and storm water management over the SWMU, and monitoring of downgradient ground water. Region 5 and EMD will negotiate a CMI Order for implementation of the remedy and recording of restrictive covenants into the property deed.
Contact: Don Heller, 312-353-1248

Notice of Violation for Pulsar Inc.

On November 7, 2008, a Notice of Violation was sent to Pulsar Inc., located in Franklin Park, Illinois. Based on findings from a June 19, 2008 Compliance Evaluation Inspection, Pulsar Inc. was in non compliance with conditions for a hazardous waste storage permit exemption; such as not properly marking storage containers, storing open containers of hazardous waste, having an incomplete training program, and having multiple hazardous waste storage tank violations. In addition, Pulsar Inc. was storing hazardous waste in a tank for greater than 90 days.
Contact: Jamie Paulin, 312-886-1771

Site Visits Conducted for the Minnesota Tribes and the Minnesota Department Health

During the week of October 20-24, 2008, Emma Avant of the Lead (Pb) program conducted an assessment of the Bois Forte TSCA § 402 Pb program. They are currently preparing to submit to EPA a request for authority to administer a tribal Lead-Based Paint Abatement Program in lieu of the Federal Program. Emma also assessed Bois Forte’s TSCA Direct Implementation Tribal Cooperative Agreement (DITCA) program. This program involves working with several Minnesota tribes - The White Earth, Red Lake, Leech Lake, Fond Du Lac and Bois Forte Bands of the Minnesota Chippewa Indians. The DITCA activities include providing outreach/education, and compliance assistance to relevant tribal members and/or staff. Certificates of Appreciation which were signed by the LCD Director were presented to Tribes that were participating in the DITCA project.

Presentations were made on the Renovation, Repair and Painting (RRP) rule to the tribal housing and environmental staff. This new rule requires certain persons performing renovation, repair and/or painting activities to be properly trained and licensed, including in Indian Country. Tribal Officials attended the White Earth presentation and actively participated in the discussions on the rule.

Emma also attended the Minnesota Collaborative Lead Education and Assessment Network (M-CLEAN) workgroup meeting. This workgroup which consists of federal, state and local partners meets biannually in order to review and revise as necessary, MDH’s on-going efforts as they relate to the state’s Childhood Lead Poisoning Elimination Plan. These meetings also provide an opportunity for sharing information, forming collaborations, and learning about current lead issues.
Contact: Emma Avant, 312-886-7899

Tribal Integrated Resource Management Plan (IRMP) Training

On October 28-30, MMB staff participated in the Tribal IRMP training presented by the Bureau of Indian Affairs (BIA) and co-hosted by the Oneida Tribe in Green Bay, Wisconsin. About eighty-five representatives from various tribes and BIA offices across the nation attended the training. An IRMP is a long-range comprehensive strategic-level plan for the management and protection of natural resources and other resources of value to a tribe. MMB staff gave a presentation on incorporating integrated waste management planning into IRMPs. Tribes were encouraged to leverage the IRMP process and BIA funding to support tribal waste management within the broader framework of resource management. MMB hopes to continue working with the BIA to incorporate waste management factors into BIA's IRMP national guidelines and future IRMP trainings.
Contacts: Dolly Tong, 312-886-1019; Rebecca Geyer, 312-353-8314

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