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HomeMy WebLinkAboutNCD980602163_19951001_Warren County PCB Landfill_SERB C_US-EPA Region IV Action Plan - Facilities Identified in the Haz. Waste Combustion Facility E.J. Report-OCR" OEPA United States Region 4 Waste Management October 1995 Environmental Protection Division Agency Atlanta, GA 30065 Region 4 Action Plan Facilities Identified in the Hazardous Waste Combustion Facility Environmental Justice Report • "' l EPA REGION 4 ACTION PLAN FOR FACILITIES IDENTIFIED IN THE "HAZARDOUS WASTE COMBUSTION FACILITY ENVIRONMENTAL JUSTICE REPORT'' October 1995 INTRODUCTION In October 1995, EPA Region 4 prepared a "Hazardous Waste Combustion Facility Environmental Justice Report". That report provided a demographics analysis around hazardous waste combustion facilities located in Region 4. The Geographic Information System (GIS) was utilized to assess the distribution of minority and low-income populations, as well as populations with incomplete high school educations, within 0-1, 1-3 and 3-5 mile distances from each combustion facility. The performance of a demographic analysis for combustion facilities was specifically recommended by the April 25, 1994, "OSWER Environmental Justice Task Force Draft Final Report". The OSWER report recommended that demographic analyses be conducted because of widespread concern that minority and/ or low income populations may bear disproportionate adverse human health and environmental effects from pollution. Thus, it is important to identify these populations and assure "environmental justice" for potentially affected citizens. The Region 4 "Hazardous Waste Combustion Facility Environmental Justice Report" identifies those combustion facilities where the existence of minority or low-income populations may indicate the need for particular focus on environmental justice issues. The pmpose of this action plan is to review permitting and enforcement activities for the combustion facilities identified as having significant minority or low-income populations. This review will assess whether the regional office and authorized states are conducting an appropriate level of permitting and enforcement activity under the Resource Conservation and Recovery Act (RCRA) at these facilities. If additional permitting or enforcement activities are warranted, then these activities can be incorporated into EPA beginning-of-year plans and state grants for fiscal year 1996 ("FY96"). COMBUSTION FACILITIES WITH MINORITY OR WW-INCOME POPULATIONS The Region 4 "Hazardous Waste Combustion Facility Environmental Justice Report" includes exhibits containing the following information for both incineration and boiler/industrial furnace ("BIF") facilities: 1) minority percentages, 2) percent below poverty, and 3) high school incomplete percentages. The exhibits for minority percentages for incineration and BIF facilities are reproduced here as Exhibits 1 and 2, respectively. ,,. Incinerator Location Calhoun County, AL Washington County, AL Jefferson County, AL Mobile County, AL Polk County, FL Richmond County, GA Clayton County, GA Madison County, KY Marshall County, KY Carroll County, KY Meade County, KY . Marshall County, KY Jackson County, MS Durham County, NC Pitt County, NC Durham County, NC Aiken County, SC Dorchester County, Sc York County, SC Spartanburg County, SC Roane County, TN Sullivan County, TN Shelby County, TN Rutherford County, TN Region 4 Environmental Justice GIS Report Minority Percentages Incineration Facilities Naine Cum Cum Cum County to 0-1 to 1-3 to 3-5 % mile mile mile Anniston Anny Depot 51 17 9 19 Ciba Geigy Corporation 83 76 72 34 Allied Chemical 64 68 75 35 Dupont 15 23 23 32 Florida First Processing1 31 34 44 15 Searle Pharmaceuticals 73 79 63 45 Cargill, Incorporated 34 36 44 27 Lex-Blue Grass Anny Depot 2 1 7 5 ELF Atochem 0 0 0 0 ELF Atochem l l l 2 Olin 2 0 2 12 LWD, Incorporated 0 0 l 0 First Chemical Corporation 17 23 63 21 NIEHS 56 23 31 39 Burroughs Wellcome 42 57 37 34 Glaxo 47 61 54 39 Savannah River Site 0 0 33 43 Giant Cement 45 46 51 24 ThermalKEM 39 55 33 21 Laidlaw Environmental 19 20 33 21 Services DOE-ORR K-25 Incinerator 5 4 3 3 Tennessee Eastman 3 2 l 2 Velsicol 50 28 55 44 Nissan 5 4 7 10 2 Exhibit 1 State x=cum~ % st./county totals+ 10% 26 X 26 X 26 X 26 - 16 X 28 X 28 X 7 - 7 - 7 - 7 - 7 - 36 X 24 X 24 X 24 X 30 - 30 X 30 X 30 - 16 - 16 - 16 X 16 - BIF Location Marengo County, AL Morgan County, AL Clay County, FL Bay County, FL Houston County, GA Richmond County, GA Richmond County, GA Jefferson County, KY Bullitt County, KY Harrison County, MS Lowndes County, MS Stanly County, NC Wake County, NC Orangeburg County, SC Orangeburg County, SC Georgetown County, SC Knox County, TN Roane County, TN Region 4 Environmental Justice GIS Report Minority Percentages Boiler/Industrial Furnace Facilities Name Cum Cum Cum County to 0-1 to 1-3 to 3-5 % mile mile mile Medusa Cement 81 55 34 51 Novacor Chemicals 79 45 6 10 Florida Solite' 7 5 7 7 Arizona Chemical 18 26 13 13 Medusa Cement 22 17 20 23 DSM Chemicals 93 81 52 45 Nutrasweet 84 80 60 45 Rohm & Haas 58 36 26 18 Kentucky Solite 0 I I I Arizona Chemical 13 13 19 22 Holnam 79 79 79 38 Carolina Solite 6 15 17 12 Mallinckrodt 16 15 19 23 Holnam 43 45 47 58 Ethyl Corporation 62 57 53 58 VVV Chemical 42 28 35 43 Dixie Cement' 13 24 22 JO Diversified Sciences 1 1 3 3 Exhibit 2 State x=cum> % st./county totals + 10% 26 X 26 X 16 - 16 X 28 - 28 X 22 X 7 X 7 - 36 - 36 X 24 - 24 - 30 - 30 - 30 - 16 - 16 - To determine which facilities might have a higher incidence of minority populations in close proximity to the site, Region 4 evaluated whether the cumulative percent population in any of the 0-1, 1-3, or 3-5 mile areas was greater than or equal to the larger of the county or state populations plus 10 % . The twenty (20) facilities that were identified using this methodology are designated by an "x" in the minority percentage tables above. Using the Sinc.e the time that the demographic evaluation was performed, some facilities have initiated closure or have withdrawn and will no longer be considered part of the active EPA Region 4 combustion universe. 3 same criteria for the "percent poverty" and "percent high school incomplete" exhibits, the following four ( 4) additional facilities were identified: Incinerators Madison County, KY Carroll County, KY Marshall County, KY Boiler/Industrial Furnaces Orangeburg County, SC Lex-Blue Grass Army Depot Elf Atochem L WD, Incorporated Ethyl Corporation (Albemarle) (poverty) (poverty) (high school incomplete) (poverty) The remainder of this action plan focuses on these twenty-four (24) facilities. It is important to note that it is not the intent of this action plan to diminish the importance of permitting and enforcement activities at the remaining combustion facilities. In fact, for a number of years now, Region 4 has specifically targeted the entire hazardous waste combustion universe for priority permit and enforcement actions. EPA and the states are continuing priority actions at many facilities, even though the activities may not be specifically highlighted by this plan. PERMITTING Exhibit 3 provides the current permit status of the twenty-four facilities, and assesses whether additional permit activities should be pursued as a result of this action plan review. Some facilities are already operating under the terms of a RCRA permit. Other facilities have not yet received a final permit decision. The facilities without permits generally fall into two categories: New Facilities: Facilities who wish to build new combustion units must apply for and receive a fully effective RCRA permit before the unit can be constructed. Interim Status Facilities: Whenever a new hazardous waste regulation is finalized, the Resource Conservation and Recovery Act gives newly-regulated facilities the opportunity to continue operating under "interim status" until a final permit decision can be made. When requested by the regulatory agency, the facility must submit an application for a final permit decision. Ultimately, these facilities must obtain a final RCRA permit or cease hazardous waste operations. In order to receive a RCRA permit, interim status combustion facilities must conduct emissions testing (i.e., a trial burn) and demonstrate compliance with emission limits. New facilities conduct these tests after construction. In addition, boiler/industrial furnace facilities must conduct periodic emissions testing (generally every three years) during interim status until a final permit decision is made. This periodic testing is referred to as "BIF re-certification" testing in the remainder of this plan. 4 Combustion Facility Anniston Army Depot, AL Ciba Geigy Corporation, AL Allied Chemical, AL Medusa Cement, AL Novacor Chemicals, AL Florida First Processing, FL Arizona Chemical, FL Searle Pharmaceuticals, GA Cargill, Incorporated, GA (Mc Whorter) DSM Chemicals, GA Nutrasweet, GA Lex-Blue Grass Army Depot, KY ELF Atochem, Carroll Co., KY LWD, Incorporated, KY Rohm & Haas, KY First Chemical Corporation, MS Holnam,MS Review of RCRA Permit Activities As of September 1, 1995 Current Combustion Unit Permit Status Not constructed. A draft permit decision will be public noticed in FY96. The trial burn plan & preliminary risk assessment will be included for comment. Operating under terms of permit issued 9/30/85, and modified 12/30/92 to add a second incinerator. Operating under terms of permit issued 7/14/89. Operating under interim status. Processing permit application. Operating under interim status. Permit application not yet called. Submitted claim that fuel is co-product and not subject to RCRA. Not constructed. Intent to deny issued 6/91. Facility will not continue to pursue a RCRA permit. Operating under interim status. Permit application not yet called. Operating under terms of permit issued 9/30/87. Operating under terms of permit issued 9/29/88. Renewal will be processed with storage permit, which expires 9/30/86, and metals limits will be added. Operating under interim status. Processing permit application. Operating under interim status. Permit application not yet called. Not constructed. Processing demilitarization application submitted 9/95. Operating under terms of permit issued 9/29/89. Operating under interim status. Processing permit application. Risk assessment underway. Operating under interim status. Permit application called 8/9/95. Operating under terms of permit issued 2/13/90. Trial burn repeated 4/95 and permit modification to incorporate results is scheduled for FY96. Operating under interim status. Processing permit application. 5 Exhibit 3 Additional Permit Recommendations Current action sufficient.2 Process 4/4/95 renewal application, and upgrade Unit 1 permit to address new requirements/information. Modify permit to reflect Unit 2 trial burn results. Current action sufficient.' Overview BIF re-certification test report due 8/95. Complete evaluation of co-product claim. IfRCRA- regulated, call for permit application and public notice receipt. Current action sufficient.' Call permit application and public notice receipt. Overview BIF re-certification test report due 8/95. Current action sufficient.' Current action sufficient.2 Overview BIF re-certification test report due fall 1995. Call permit application and public notice receipt. Overview BIF re-certification report submitted 8/23/94. Current action sufficient.2 Current action sufficient.2 Current action sufficient.2 Overview BIF re-certification report submitted 3/15/94. Public notice receipt of permit application. Current action sufficient.' Current action sufficient.2 !1 \,,, Review of RCRA Permit Activities ( continued) Combustion Facility Current Combustion Unit Permit Status Additional Permit Recommendations NIEHS, NC Operating under terms of a permit is1111ed 9/29/89. Current action sufficient! Burroughs Wellcome, NC Operating under terms of permit issued 9/15/89. Current action sufficient.' Glaxo, NC Operating under terms of permit issued 9/30/91 . Permit has been modified to incorporate trial bum results. Current action sufficient.' Giant Cement, SC Operating under interim status. Processing permit Call permit application for incinerators and public application for BIF units. Application for incinerator notice receipt. Overview BIF re-certification test units not yet called. report due 8/95. ThennalKEM, SC Operating under 6/30/88 partial permit and interim status. Processing partial permit renewal, permit Current action sufficient.' appeal, and modifications. Ethyl Corporation, SC Operating under interim status. Processing permit (Albemarle Corporation) application. Current action sufficient.' Velsicol, TN Operating under terms of permit issued 9/29/89. Current action sufficient.' Some delays have been experienced in processing RCRA permit applications for the interim status facilities identified in Exhibit 3 because final risk assessment and risk trial bum guidance is not yet available. Both the May 1993 and November 1994 versions of the national "Strategy for Hazardous Waste Minimization and Combustion" recommend completion of multi-pathway risk assessments as part of permitting hazardous waste combustion facilities. Until final risk guidance is available, Region 4 will attempt to minimize permitting delays to the extent possible, and will emphasize compliance. inspections and overview of BIF re-certification test reports to ensure that facilities operate in compliance with interim status standards. All draft RCRA permit decisions are subject to a minimum 45-day public comment period. A public hearing may also be held, if requested. In addition, the November 1994 "Strategy for Hazardous Waste Minimization and Combustion" recommends expanded public participation for combustion facilities. Details of this expanded public participation are discussed later in this plan. Final RCRA permits are issued or denied based upon a consideration of public comments and a facility's ability to meet the RCRA standards. Under the RCRA. statute, EPA. or the authorized state is required to issue a permit if the facility is found to meet all of 2 A designation of "current action sufficient" indicates that the activities which were already planned or underway before this action plan review were considered adequate and will be continued. 6 the requirements of RCRA. RCRA combustion permits are typically issued for a ten-year duration, although some states impose a five-year renewal or review requirement. COMPLIANCE ASSURANCE AND ENFORCEMENT I. Formal Enforcement Actions Region 4 has lead the nation in taking enforcement actions at combustion facilities . In fiscal year 1992 , Region 4 initiated a Cluster Filing, where nine enforcement actions were taken against boiler and industrial furnace ("BIF") facilities for violations of hazardous waste combustion standards. EPA issued administrative orders against nine facilities for a total of $6,831 ,304, in proposed civil penalties. Since the initial filings , EPA has settled all nine of the administrative orders, and has signed nine Consent Agreements and Consent Orders ("CACO") with the subject facilities, for total settlement of $2,142,550. Provisions for complete return to compliance are a mandatory component of all settlement agreements. EPA Headquarters organized a Combustion Initiative in fiscal year 1993, patterned after the successful Region 4 BIF Cluster Filing. Region 4 and the states participated in the Combustion Initiative by issuing twelve enforcement actions against eleven BIFs and one incinerator, and announced six settlements from the previous initiative. EPA proposed penalties of $3 ,261 ,700 and has collected to date $1 ,675 ,450 in settlements. At this time, Region 4 has one outstanding enforcement action from the Combustion Initiative, at a proposed civil penalty of $485,350. In fiscal year 1994, EPA initiated two formal actions, for a total proposed penalty of $797,650. At this time, Region 4 has settlement in principle on both orders for a tentative agreed upon value of $493,000. Region 4 attributes the reduction in both civil penalties and number of enforcement actions over the years to the degree in which combustion facilities are returning to compliance. Current compliance evaluations are revealing fewer violations of the incinerator and BIF standards, such that facilities are operating more frequently within the regulatory requirements. II. Compliance Evaluations Exhibit 4 provides a review of compliance and enforcement activities for each of the twenty-four facilities which are the subject of this action plan. Region 4 has conducted compliance evaluation inspections ("CEis") at all of the BIF facilities within the eight states. Since 1991, EPA (designated by an "E" in the accompanying tables) has conducted forty- eight lead or oversight inspections at the combustion facilities listed in Exhibit 4, and state 7 Combustion Facility Anniston Army Depot, AL Ciba Geigy Corporation, AL Allied Chemical, AL Medusa Cement, AL Novacor Chemicals, AL Florida First Processing, FL Arizona Chemical, FL Searle Pharmaceuticals, GA Cargill, Incorporated, GA (McWhorter) DSM Chemicals, GA Nutrasweet, GA Exhibit 4 Review of RCRA Compliance & Enforcement Activities August 21, 1991 through September 1, 1995 CEis Penalties Last Inspection, I...ead Agency Proposed or & Inspection Findings EPA State Collected3 I 5 $0 6/21/95 (S), Written informal notice issued for container recordkeeping & labeling violations. Return to compliance scheduled for 8/16/95. 0 3 $5,000 (S) 6/7/94 (S), Written informal notice issued for recordkeeping & labeling violations, cracks in pads, and an open container. Returned to compliance 9/12/94. 1 9 $330,000 (S) 5/4/95 (S), No violations discovered. 2 6 $594,000 5/17/95 (E), Written informal notice issued for late (As Lafarge) training of I employee & missing job descriptions (E) for 2 employees. Returned to compliance 7/28/95. 2 3 $0 6/22/94 (S), No violations discovered. 0 0 $0 Not constructed. 4 5 $200,000 (E) 2/22/95 (E), No violations discovered. 1 5 $11,800 (S) 2/27/95 (S), Verbal informal notice issued for hairline cracks in pad & weld, missing inspection logs, inappropriate waste classification, and missing documentation for emptying a 90-day tank. Return to compliance scheduled for 3/20/95. 0 5 $10,000 (S) 9/22/94 (S), No violations discovered. 2 5 $135,000 (S) 12/13/94 (S), No violations discovered. $121,750(E) 2 4 $80,000 (S) 5/30/95 (S), No violations discovered. Lex-Blue Grass Army Depot, KY 0 4 $0 6/28/95 (S), Written informal action issued for an unmarked container. Returned to compliance the same day. ELF Atochem, Carroll Co., KY 1 4 $0 3/31/95 (S), Combination informal action issued for violation of state pre-transport standards. Returned to compliance the same day. LWD, Incorporated, KY 8 10 $105,000 (S) 6/18/95 (E), Inspection report is being prepared and violations, if any, will be subject to timely & appropriate enforcement response. Rohm & Haas, KY 3 5 $0 5/4/95 (S), No violations discovered. 8 Combustion Facility First Chemical Corporation, MS Holnam, MS NIEHS, NC Burroughs Wellcome, NC Glaxo, NC Giant Cement, SC Thermal.KEM, SC Ethyl Corporation, SC (Albemarle Corporation) Velsicol, TN Review of RCRA Compliance & Enforcement Activities August 21, 1991 through September 1, 1995 ( continued) CEls Penalties Last Inspection, Lead Agency Proposed or & Status EPA State Collected3 2 3 $4,000 (S) 7/11/95 (S), Inspection report is being prepared and violations, if any, will be subject to timely & appropriate enforcement response. 2 3 $0 6/27/95 (E), No violations discovered. I 5 $0 11/22/94 (S), No violations discovered. 2 8 $4,400 (S) 3/30/95 (S), No violations discovered. 0 6 $0 12/01/94 (S), No violations discovered. 7 7 $520,000 (E) 6/27/95 (E), No violations discovered. $18,000 (S) I 9 $1 ,000,000 (E) 11/17/94 (S), Written informal action issued for $535,000 (S) unmarked containers, drums in poor condition, & untimely removal of leaks, spills. 4 4 $79,000 (E) 6/28/95 (E), Inspection report is being prepared $21,250 (S) and violations, if any, will be subject to timely & appropriate enforcement response. 2 7 $0 2/ 14/95 (S), Written informal action issued for treating a waste code which was not specified in the permit. Returned to compliance 5/30/95. agencies (designated by an "S") have conducted a total of one hundred-twenty-five evaluations. These evaluations have lead to enforcement actions when violations have been discovered. In addition, both North and South Carolina operate resident inspector programs for their commercial facilities. These programs locate inspectors on site either full or part time to observe the facility's operations and assess compliance. Two facilities in Exhibit 4 (i.e., Giant Cement, and ThermalKEM) are observed every week by resident inspectors. m. Additional Compliance and Enforcement Recommendations The goal of the compliance monitoring and enforcement program in FY96 will be to attain and maintain a high rate of compliance within the hazardous waste combustion universe. When violations are discovered, the regional office and authorized states in 3 Penalties are cumulative amounts since 1991. 9 Region 4 will ensure that timely and appropriate enforcement action is taken. Some combustion facilities are the subject of ongoing enforcement action, and these cases will continue to be pr9cessed to ensure that the facilities return to compliance as quickly as possible. Where Consent Agreements and Consent Orders (CACOs) have been issued to settle former violations, inspections will be conducted to verify that the facilities are meeting the schedules of compliance contained within the CACOs. Unannounced inspections will be conducted by Region 4 or the authorized states at most of the facilities listed in Exhibit 4 during FY96. However, the individual inspections have not been identified in this plan in order to preserve the integrity of the "unannounced" inspection protocol. Region 4 will continue to work with the states during FY96 to improve their in-house technical capability for performing compliance inspections at combustion facilities . In FY96, Region 4 will also shift the focus of the compliance monitoring and enforcement program towards combustible waste which is being shipped for off-site treatment. Generators of combustible waste will be targeted based upon biennial report data, and inspections will be performed at a number of those generators in order to encourage waste minimization activities. In addition, key hazardous waste combustion facilities which receive waste from off-site will be inspected. CORRECTIVE ACTION RCRA corrective action regulations allow RCRA permits to address releases of hazardous constituents from past waste management activities. These releases can also be addressed by enforcement orders. The corrective action process generally consists of the following steps: • RCRA Facility Assessment (RF A) RF As are performed to determine if there are waste management units at the facility and which of those have had releases or suspected releases. If there is no evidence of a release, the RF A will recommend no further action under the corrective action program. If a release is found or suspected, a RCRA Facility Investigation (RF!) may be required. • Interim/Stabilization Measures Interim corrective measures may be performed if necessary to control or abate threats to human health or the environment from releases and/ or to prevent or minimize the further spread of contamination while long-term remedies are pursued. Interim corrective measures may be initiated at any time throughout the corrective action process. 10 ' .... • RCRA Facility Investigation (RFI) If an RFI is necessary, it will be required under a site-specific schedule of compliance in either a permit or an enforcement order. The purpose of the investigation is to verify and characterize any releases of hazardous constituents at the facility, and to determine whether a Corrective Measures Study (CMS) or interim/stabilization measures are necessary. · • Corrective Measures Study (CMS) During this step of the corrective action process, the facility is responsible for identifying and recommending specific corrective measure alternatives that will address the release. • Corrective Measures Implementation (CMI) Corrective measures implementation includes designing, constructing, operating, maintaining, and monitoring selected corrective measures. EPA has incorporated public participation in the corrective action process. First, at the time of permit issuance, EPA solicits comments on the draft permit conditions. Additionally, the permit or enforcement order is modified when a remedy is recommended. Based upon the results of the RFI and CMS, EPA will determine which remedial alternative best addresses the release. At that time, EPA requests public comment on the·recommended alternative. A remedy is not selected until any public comments are: addressed, and the permit or enforcement order is modified to reflect the final remedy. Exhibit 5 includes a review of each of the twenty-four facilities to determine whether an RFI has been imposed. If an RFI has been imposed, then the remainder of the corrective action process for that facility will proceed according to the compliance schedule dictated by the specific permit or order. If an RFI has not been imposed, then Exhibit 5 provides recommendations regarding whether the RFI should be imposed in advance of the permit via an enforcement order, and whether interim/stabilization measures should be pursued. Region 4 has evaluated a number of facilities under the RCRA National Corrective Action Prioritization System (NCAPS) to determine each facility's priority (i.e., high, medium, or low) for corrective action based on existing information about potential releases. These priority rankings are useful in assessing the need for short-term action. At this time, the Agency is focusing on those facilities with a "high" priority ranking in determining the need for interm/stabilization measures. Region 4 also plans to review combustion facilities which have closed to determine the potential need for corrective action. 11 Combustion Facility Anniston Army Depot, AL Ciba Geigy Corporation, AL Allied Chemical, AL Medusa Cement, AL Novacor Chemicals, AL Florida First Processing, FL Arizona Chemical, FL Searle Pharmaceuticals, GA Cargill, Incorporated, GA (McWhorter) DSM Chemicals, GA Nutrasweet, GA Lex-Blue Grass Army Depot, KY ELF Atochem, Carroll Co., KY LWD, Incorporated, KY Rohm & Haas, KY First Chemical Corporation, MS Holnam,MS NIEHS, NC Burroughs Wellcome, NC Glaxo, NC Giant Cement, SC Exhibit 5 Review of RCRA Corrective Action Activities As of September 1, 1995 Current Status of Corrective Action Additional Recommendations RFI to be imposed as part of FY96 permit decision. Current action sufficient.2 RFI imposed in 9/30/85 permit. Current action sufficient.' RFI imposed in 7/14/89 permit. Current action sufficient.' RFA report drafted 10/93. Finalize RFA, perform priority ranking, and assess need for short-term measures. RFA delayed until co-product determination clarifies If subject to RCRA, perform RFA and priority ranking RCRA applicability. and assess need for short-term measures. Not subject to corrective action since a RCRA permit will not be issued. Current action sufficient.2 RFI imposed in 4/30/95 corrective action permit, and stabilization is underway via a state order. Current action sufficient.2 No RFA, and priority ranking= low. RFI imposed by state Consent Decree effective 1/26/94. RFA and need Current action sufficient.2 for further RFI will be assessed in 9/97 permit renewal. Priority ranking = low. RFA and need for RFI will be Current action sufficient.' assessed in FY96 permit renewal. RFI imposed 11/25/90 via state· instrument and Current action sufficient.' corrective action proceeding via 9/25/84 storage permit. RFA completed 9/30/93. Perform priority ranking and assess need for short-term measures. RFA completed 4/30/92, and priority ranking = high. Corrective action permit is scheduled for 2Q FY96, and Current action sufficient.' interim measures workplan has been received. RFI imposed in 9/29/89 permit. Current action sufficient.' RFI imposed via 9/24/90 EPA Order. Current action sufficient.' RFA completed 6/6/94, and priority ranking = Interim measures may be considered depending on medium. RFI to be imposed via a storage permit sampling results. renewal in FY96. EPA is performing sampling. RFI imposed in 7 /25/89 surface impoundment permit. Current action sufficient.2 RFA drafted 10/13/93; priority ranking = medium. Finalize RFA; impose RFI with future permit decision. Determined no RFI necessary for 9/29/89 permit. Current action sufficient.' RFI imposed via 9/22/89 EPA Order. Current action sufficient.' Determined no RFI necessary for 9/30/91 permit. Current action sufficient.' RFI imposed in 9/30/92 storage permit. Current action sufficient.' 12 Combustion Facility ThermalKEM, SC Ethyl Corporation, SC Velsicol, TN Review of RCRA Corrective Action Activities ( continued) Current Status of Corrective Action Additional Recommendations RFI imposed as part of 6/30/88 permit. Current action sufficient.2 RFA completed 2/9/93, and priority ranking = high. Immediate groundwater plume concerns being addressed Current action sufficient.2 under a state order. RFI imposed in 9/29/89 permit. Current action sufficient.2 EXPANDED PUBLIC PARTICIPATION EPA has proposed a regulation (June 1994) that should expand public involvement opportunities during the RCRA permitting process. The goal is to encourage earlier, more meaningful community involvement. Specific items include public notification upon receipt of permit applications, public notification prior to trial bums, and multilingual fact sheets and translators in predominately non-English speaking communities. For combustion facilities in Region 4, several elements of the expanded public participation rule will be followed in advance of finalization of the rule. Public notification will be provided when combustion permit applications are received in the future. In addition, Region 4 will subject trial bum plans at interim status facilities to public notice. The trial bum notice for a particular facility will be published at the time that Region 4 makes a tentative decision to approve the trial bum plan. Region 4 will consider all comments which are received on the draft trial bum plan and may require revisions to the plan as appropriate. Region 4 will also provide opportunity for public participation during the risk assessment process as appropriate for a specific facility. Authorized states will be encouraged to follow these procedures where the state has the responsibility for permitting. Region 4 will periodically adjust its approach to public participation as necessary to ensure consistency with the most current policy, guidance and regulations at any particular point in time. The April 25, 1994, "OSWER Environmental Justice Task Force Draft Final Report" recommends that the number of regional community relations personnel be increased in order to allow more public involvement in conjunction with RCRA program activities. If Region 4 receives additional community relations personnel in the future, then the twenty- four facilities identified in this plan will be considered, together with other candidates, for additional public involvement activities. Region 4 is also evaluating opportunities for expanded public participation in conjunction with the corrective action process. Site-specific issues will always be an important factor in determining the appropriate types and level of public participation. 13 SUMMARY Additional permitting and enforcement actions recommended as a result of this action plan review are summarized in Exhibit 6. These additional activities will be considered during the development of EPA beginning-of-year plans and state grants for FY96. The absence of a facility from Exhibit 6 does not mean that there will be no permit or enforcement activity at the facility during FY96. On the contrary, the bulk of planned permitting and enforcement activities at combustion facilities during FY96 are not identified in Exhibit 6. The absence of a facility from Exhibit 6 simply means that the activities which were already planned and/or underway at the facility before this action plan review were considered to be sufficient. Combustion Facility ALABAMA: Ciba Geigy Corporation Medusa Cement Novacor Chemicals FLORIDA: Arizona Chemical GEORGIA: DSM Chemicals Nutrasweet KENTUCKY: Rohm& Haas MISSISSIPPI: Holnam SOUTH CAROLINA: Giant Cement Summary of Additional Recommendations As of September 1, 1995 Permit Recommendations Process 4/4/95 renewal application, and upgrade Unit I permit to address new requirements/ information. Modify permit to reflect Unit 2 trial burn results. Overview BIF re-certification test report due 8/95. Complete evaluation of co-product claim. If RCRA- regulated, call for permit application & public notice application receipt. Call permit application & public notice application receipt. Overview BIF re-certification report due 8/95. Overview BIF re-certification test report due fall 1995. Call permit application & public notice application receipt. Overview BIF re-certification report submitted 8/23/94. Overview BIF re-certification report submitted 3/15/94. Public notice application receipt. Call permit application for incinerators & public notice application receipt. Overview BIF re-certification test report due 8/95. 14 Exhibit 6 Corrective Action Recommendations Finalize RFA, perform priority ranking, and assess need for short-term measures. If subject to RCRA, perform RFA and priority ranking and assess need for short-term measures. Perform priority ranking and assess need for short-term measures. Interim measures may be considered depending on sampling results. Finalize RFA; impose RFI with future permit decision.