Land Renewal Network Weekly Roundup

ILLINOIS – August 8, 2002
The Weekly Roundup is published by Marasco Newton Group, Ltd., on behalf of the Land Renewal Network, a forum to address RCRA, CERCLA, and Brownfields policies. The following items are of interest this week:
LAND RENEWAL (Brownfields, Superfund Redevelopment, USTfields) EPA ANNOUNCES NEW SUPERFUND REDEVELOPMENT PILOTS: On July 18, EPA announced its 2002 Superfund Redevelopment Program Pilots. The Agency selected 19 communities with Superfund sites to receive a total of over $1.2 million in funding or contractor services to help them determine future use options and develop a reuse plan for their sites. EPA has already awarded 50 communities nearly $5 million through the Superfund Redevelopment Program. The 2002 communities will apply their funds to sites that include landfills, former chemical production plants, smelting facilities, mining sites, and wood-treating plants. Some of the post-cleanup potential future uses include an industrial park, houses, a retirement facility, a museum, recreational facility, and training center for firefighters. Visit Superfund Redevelopment News to learn about the selected pilots.

RCRA
RCRA E-PERMITTING INITIATIVE MEETING HELD: On July 25, EPA’s Permits and State Programs Division led a workshop of state and federal RCRA regulators to identify how RCRA permitting can be made more effective by using technology, including electronic permitting, through its E-permitting Initiative. The workshop, held in Arlington, Virginia, was a forum to develop action plans and next steps for creating RCRA electronic data systems. Ten states, including representatives from ECOS and ASTSWMO, attended the meeting. EPA’s Vern Myers set the tone for the meeting by requesting input from states to help determine their needs and the focus of the initiative. Meeting activities included state presentations on current electronic systems, brainstorming break-out sessions on specific topics regarding e-permitting, and developing concrete next steps by three workgroups. The workgroups have the charges of: considering systems already in use, which will be used as models for future e-permitting development; smart forms, in order to review the variations in state processes and applications; and permit shells or applications, which can be used to develop model applications and permits. While this meeting was convened to foster discussion between EPA and state personnel, the next meeting, tentatively scheduled for the third week in October, will be aimed at obtaining input from public and industry representatives. Marasco Newton Group is assisting EPA in this initiative. For more information, contact Vernon Myers, EPA, at 703-308-8660 or Vernon Myers, or Alan Strasser of Marasco Newton Group’s Land Renewal Network at 703-247-4704 or Alan Strasser

EPA FINALIZES RULE ON ZINC FERTILIZERS: On July 24, EPA published a final rule in the Federal Register for zinc micronutrient fertilizers made from recycled hazardous wastes (67 FR 48393). The rule exempts hazardous wastes from RCRA when they are used in the production of zinc fertilizers, sets limits for contaminants used in zinc fertilizers made from recycled hazardous wastes, and establishes “conditions under which such materials can be recycled to produce fertilizers without the materials or the fertilizers being regulated as hazardous wastes.” The rule is also designed to encourage the recycling and recovery of zinc resources from materials that would otherwise be disposed of in landfills. To learn more about the rule, visit Zinc Fertilizers Made From Secondary Hazardous Materials, Final Rule – July 24, 2002

EPA SAYS DELISTING PROGRAM HAS SAVED UP TO $2.4 BILLION: EPA has released a report, RCRA Hazardous Waste Delisting: The First 20 Years, that estimates that the 20-year-old delisting program has resulted in a cumulative net cost savings of between $1.2 and $2.4 billion, and that the program will continue to result in annual savings of $105 million, even if no additional exemptions are granted. The report was prepared to evaluate the outcomes and impacts of the hazardous waste delisting program, as part of EPA’s implementation of the Government Performance and Results Act (GPRA). The report also examined whether delisting has helped or hindered recycling efforts, but did not draw a conclusion, saying “delisting might inhibit recycling in some cases, and promote it in others. We found anecdotal evidence of both impacts, but were unable to identify clear trends in either direction.” You can view the report at RCRA Hazardous Waste Delisting: The First 20 Years

CERCLA
SENATE FREES $100 MILLION IN FUNDING FOR SUPERFUND: The Senate Appropriations Committee has freed up $100 million in funds to give EPA more flexibility to conduct cleanups given budget shortfalls. This funding amount is usually “held back” until September; however, the Committee’s decision to provide it to EPA now allows the agency to more quickly address cleanups currently in need of funding. EPA has applauded the decision; AA OSWER Marianne Horinko told the Senate Environment and Public Works Committee that she was “grateful” for the funding release. On July 25, the Appropriations Committee approved an FY 2003 budget of $8.3 billion for EPA (S. 2797); the full Senate will not vote on the bill until September.

EPA PLANS PR CAMPAIGN FOR SUPERFUND: In response to intense criticism of the Superfund program by political officials, environmentalists, and others, EPA is launching a major media campaign to publicize the program’s benefits. A July 16th memo from AA OSWER Marianne Horinko outlined a plan to emphasize the messages that Superfund protects human health and the environment, regardless of the complexity of each cleanup; that it is working in thousands of communities across the country, reducing health risks and providing economic benefits when cleaned-up sites are returned to reuse; and that responsible parties pay for 70 percent of cleanups. The memo also describes plans to develop a comprehensive communications strategy that will operate at the local, regional, and national levels; establish standard operating procedures to ensure that headquarters and regional offices are “getting the news out” about Superfund accomplishments; have the Office of Emergency and Remedial Response (OERR) take the lead in developing specific communications products; establish an EPA headquarters-based “Action Response Team” to get news in the national media and to Congress; and to ensure released data are consistent and up-to-date. The proactive strategy is also designed to identify “hot topics” that will be picked up in the press, so EPA can develop communications materials that will provide its own position on these issues. A steering committee and implementation team is heading up the effort, which is underway; a task force comprising EPA headquarters and regional representatives will meet monthly for at least a year to assist with implementation.

GENERAL
EPA AWARDS POLLUTION PREVENTION GRANTS: EPA has awarded 14 grants to 12 universities to conduct research into pollution prevention, efficient use of resources, and sustainability. The grants, totaling more than $5 million, will support the development of a “new generation of cleaner industrial manufacturing and processing technologies, helping companies become more competitive by lowering resource and energy needs and reducing the costs of waste and emissions control.” EPA intends the projects’ outcomes to also mean less solid waste in landfills, cleaner air and water, and the conservation of natural resources. Grant recipients are: University of California/Berkeley, Carnegie Mellon University, University of Cincinnati, University of Delaware/Newark, Georgia Institute of Technology, University of Illinois/Urbana, State University of New York/Buffalo, University of North Carolina/Chapel Hill, Pennsylvania State University, Princeton University, Purdue University and Virginia Polytechnic Institute and State University. EPA awarded the grants through its National Center for Environmental Research, Science to Achieve Results
(STAR) program, in cooperation with the National Science Foundation. To learn more about the STAR program, visit National Center For Environmental Research

CHEMICAL AND PIPELINE SECURITY
GAO REPORT SAYS EPA UNCERTAIN OF DATA ACCURACY IN CHEMICAL FACILITIES’
EMERGENCY PLANS: On July 31, the General Accounting Office (GAO) released
a report, Chemical Safety: Emergency Response Community Views on the Adequacy of Federally Required Chemical Information, that indicates EPA does not have a complete picture of industrial facilities’ plans for chemical emergencies. Facilities provide risk management plans to EPA and local and state emergency planning and response committees; however, the report states that EPA has only reviewed 15 percent of the 15,000 plans submitted to the agency. The report further states that EPA is uncertain about the accuracy of the data in those reports, such as whether all of the chemicals stored at a facility have been identified, or whether the amount of chemicals stored has been accounted for. EPA cites resource constraints as the primary reason more risk management plans have not been reviewed, while acknowledging that the review of these plans is important. The report also states that most local emergency responders felt the information in the plans is sufficient, while a few thought it inadequate to properly respond in the event of a chemical emergency. You can access the report at The United States General Accounting Office

PEOPLE ON THE MOVE
SENATE CONFIRMS SUAREZ TO HEAD OECA: By voice vote on August 1, the Senate confirmed John Peter Suarez to head EPA’s Office of Enforcement and Compliance Assurance (OECA). In a statement, EPA Administrator Whitman said, “EPA is fortunate to have J.P. Suarez as part of its leadership. J.P. will be a strong addition to our team, serving in a critical position. Throughout his professional career he has demonstrated a determination to be vigorous in enforcing the law firmly and fairly. I am convinced that he will serve the nation well in enforcing the laws that ensure that all of us, especially our children, can enjoy cleaner air, purer water, and better protected land.” Suarez previously served as head of the New Jersey Division of Gaming Enforcement. The swearing-in ceremony is expected to take place shortly.

Illinois Environmental Protection Agency