>> WELCOME TO THE ENVIRONMENTAL
COMPLIANCE TRACK OF THE 2022
FEDERAL ENVIRONMENTAL SYMPOSIUM,
I WILL BE YOUR TRACK MODERATOR
TODAY.
I WORK OUT OF EPA HEADQUARTERS,
FEDERAL FACILITY ENFORCEMENT
OFFICE OF EECA, I HAVE A FEW
HOUSEKEEPING POINTS TO BRING UP.
PRESENTATIONS AND PROGRAM LOOK
THAT CONTAINS BIOS AND ABSTRACTS
OF YOUR PRESENTERS ARE AVAILABLE
AT FED CENTER.
WE WELCOME THE QUESTIONS BUT THE
CHAT IS ONLY VISIBLE TO
MODERATORS AND SPEAKERS.
IF YOU HAVE QUESTIONS SUBMIT
THEM USING THE FEEDBACK BUTTON
AT THE BOTTOM OF THE SCREEN.
HERE IS A SCREEN SHOT.
YOU CAN SEND LIVE FEEDBACK AND
OUR CHAT MODERATORS GARTH CONOR
AND BRIM -- BRIAN KIM WILL LET
THE SPEAKER KNOW.
WITH THAT, I WILL TURN IT OVER
TO OUR FIRST PRESENTER, RICH
ALBORES, ACTING OFFICE DIRECTOR
OF FFEO, HELD MANY POSITION,
RECENTLY ATTORNEY ADVISER IN THE
SOLID WASTE AND EMERGENCY
RESPONSE LAW OFFICE IN OGC.
ALSO SERVED IN VARIOUS ROLES
WITHIN OECA, I'LL PASS IT OVER
TO RICH TO DISCUSS ENVIRONMENTAL
COMPLIANCE AT FEDERAL
FACILITIES.
AND JUST GIVE ME ONE SECOND AND
I WILL GET HIS POWERPOINT UP.
>> THANK YOU, JESS.
>> OF COURSE.
>> OKAY.
WELCOME TO TODAY'S OVERVIEW OF
THE EPA PRIORITIES UNDER THE
BIDEN-HARRIS ADMINISTRATION.
I'M RICH ALBORES, ACTING
DIRECTOR OF EPA'S FEDERAL
FACILITY ENFORCEMENT OFFICE.
I WANT TO THANK JESS FOR
PREPARING MY SLIDES AND TALKING
POINTS FOR TODAY'S PRESENTATION.
I'LL START WITH A LOOK AT THE
AGENCY AS A WHOLE AND FOCUS ON
ENFORCEMENT IN OECA, UMBRELLA
ENFORCEMENT OFFICE AT EPA, AND
FFEO, THE OFFICE THAT I AM
ACTING IN DEALING WITH
COMPLIANCE OF OTHER FEDERAL
AGENCIES.
ARE YOU ON SLIDE 2, JESS?
OKAY.
EPA'S OVERARCHING AREAS INCLUDE
CLIMATE CHANGE, ENFORCEMENT WITH
LEAD AND PFAS, I'LL ALSO COVER
SOME COME COMPLIANCE CHALLENGES
WE'VE IDENTIFIED AT FEDERAL
FACILITIES AND SPECIFIC
ENFORCEMENT RESPONSES TAKEN BY
EPA.
FINALLY I'LL BRIEFLY DISCUSS
PARTNERSHIPS, WORKING WITH
STATES AND OTHER FEDERAL
AGENCIES.
OKAY.
SLIDE 3.
THE BIDEN-HARRIS ADMINISTRATION
HAS MADE ADVANCING ENVIRONMENTAL
ISSUES A TOP PRIORITY.
TO LEAD THE ENVIRONMENTAL FIGHT
MICHAEL REGAN WAS APPOINTED AS
THE 16th ADMINISTRATOR OF THE
U.S. EPA.
ADMINISTRATIONOR REAGAN BECAME
THE FIRST BLACK MAN, SECOND
PERSON OF COLOR TO LEAD THE
AGENCIES.
FUN FACTS, HE COMES FROM A
FAMILY OF PUBLIC SERVANTS, HIS
MOTHER WAS A NURSE FOR NEARLY 30
YEARS, HIS FATHER IS A
RETIRED -- WAS A RETIRED COLONEL
WITH THE NORTH CAROLINA NATIONAL
GUARD AND VIETNAM VETERAN.
AS A RESULT, HE HAS A KEEN
CONCERN FOR THE SAFETY, HEALTH
AND WELL-BEING OF OUR SERVICEMEN
AND WOMEN, AND THEIR FAMILIES.
NEXT SLIDE.
UNDER THE BIDEN ADMINISTRATION,
THERE ARE SEVERAL KEY EXECUTIVE
ORDERS THAT INVOLVE CLIMATE
CHANGE AND ENVIRONMENTAL
JUSTICE.
I'M SURE YOU'VE HEARD ABOUT THEM
ALREADY.
I'M GOING TO BRIEFLY GO OVER
THEM.
EXECUTIVE ORDER 13990 INCLUDES
POLICY TO LISTEN TO THE SCIENCE,
TO IMPROVE PUBLIC HEALTH AND
PROTECT OUR ENVIRONMENT AND TO
ENSURE ACCESS TO CLEAN AIR AND
WATER.
IT ALSO INCLUDES DIRECTION TO
REDUCE GREENHOUSE GAS EMISSION
AND BOLSTER RESILIENCE TO THE
IMPACTS OF CLIMATE CHANGE.
EXECUTIVE ORDER 14008 IS THE
ENVIRONMENTAL JUSTICE EXECUTIVE
ORDER, AND IT CALLS ON
STRENGTHENING ENFORCEMENT OF
ENVIRONMENTAL VIOLATIONS WITH
DISPROPORTIONATE IMPACTS ON
UNDERSERVED COMMUNITIES THROUGH
THE OFFICE OF COMPLIANCE
ASSURANCE.
THE PRESIDENT ISSUED THESE
EXECUTIVE ORDERS IN THE FIRST
DAYS OF THE ADMINISTRATION.
LIKE I SAID BEFORE, E.O. 13990
DIRECTS AGENCIES TO IMMEDIATELY
REVIEW AND AS APPROPRIATE AND
CONSISTENT WITH APPLICABLE LAW
TAKE ACTION TO ADDRESS THE
PROMULGATION OF FEDERAL
REGULATIONS AND OTHER ACTIONS
DURING THE LAST FOUR YEARS THAT
CONFLICT WITH THESE IMPORTANT
NATIONAL OBJECTIVES.
AND TO IMMEDIATELY COMMENCE WORK
TO CONFRONT THE CLIMATE CRISIS.
EPA LIKE MANY OF YOUR
ORGANIZATIONS HAS TAKEN STEPS TO
ACT ON THOSE.
EPA RECENTLY ISSUED REVISED 2023
AND LATER MODEL YEAR LIGHT DUTY
VEHICLE GREENHOUSE GAS EMISSION
STANDARDS, WHICH WILL GO A LONG
WAY TO ACHIEVING CLIMATE CHANGE
PROTECTIONS.
ALSO UNDER E.O. 14008 PRESIDENT
BIDEN HAS CALLED UPON EPA TO
STRENGTHEN ENFORCEMENT OF
ENVIRONMENTAL VIOLATIONS WITH
DISPROPORTIONATE IMPACT ON
OVERBURDENED COMMUNITIES.
EPA IS EMBEDDING THIS WORK IN
ALL OUR PROGRAMS AND OECA IS
COMMITTED TO MEETING THIS
PRIORITY IN OUR CIVIL SUPERFUND
WORK.
ENVIRONMENTAL JUSTICE AND
CLIMATE CHANGE ARE A KEY PART OF
YOUR MISSIONS AS WELL.
ALSO, IN DECEMBER OF 2021 THE
PRESIDENT SIGNED EXECUTIVE ORDER
14057, WHICH IS TITLED
CATALYZING CLEAN ENERGY AND JOBS
THROUGH FEDERAL SUSTAINABILITY,
THIS ORDER AFFIRMS IT IS THE
POLICY OF THE UNITED STATES THAT
THE FEDERAL GOVERNMENT LEADS BY
EXAMPLE TO ACHIEVE A CARBON
POLLUTION FREE ELECTRICITY
SECTOR BY 2035, AND NET ZERO
EMISSIONS ECONOMY-WIDE BY NO
LATER THAN 2050.
THIS INCLUDES 100% CARBON
POLLUTION-FREE ELECTRICITY ON A
NET ANNUAL BASIS BY 2030, 100%
ZERO EMISSION VEHICLE BY 2035,
BUILDING PORTFOLIO BY 2045, A
CLEAN POLICY TO PROMOTE USE OF
CONSTRUCTION MATERIALS AND LOWER
EMBODIED EMISSION, CLIMATE
RESILIENT INFRASTRUCTURE AND
OPERATION, A CLIMATE AND
SUSTAINABILITY FOCUSED FEDERAL
WORKFORCE.
NEXT SLIDE.
YESTERDAY EPA RELEASED ITS 2022
TO 2026 STRATEGIC PLAN.
FOR THE FIRST TIME, EPA'S
STRATEGIC PLAN INCLUDES A GOAL
FOCUSED ON ADDRESSING CLIMATE
CHANGE, A STRATEGIC GOAL TO
ADVANCE ENVIRONMENTAL JUSTICE
AND CIVIL RIGHTS UNDER GOAL 2.
THE WORK THAT WE DO HERE IN OECA
IS BASED ON THE FIVE YEAR
STRATEGIC PLAN FOR FY 22 TO 26.
THE PLAN DESCRIBES OUR
GOVERNMENT PERFORMANCE REVIEW
ACT COMMITMENTS, IT HAS BROAD
AND GENERAL GUIDELINES TO HELP
US FOCUS OUR WORK BASED ON THE
ADMINISTRATOR'S PRIORITIES.
EVERY FEDERAL AGENCY HAS ITS OWN
STRATEGIC PLAN AND YOURS MAY
INCLUDE SOME ENVIRONMENTAL GOALS
AS WELL.
THE ENFORCEMENT AND COMPLIANCE
OBJECTIVES OF EPA'S STRATEGIC
PLAN ARE IN GOAL 3.
BUT GOAL 3 IS DONE WITH GOALS 1,
2, 4-7 IN MIND.
EACH NATIONAL PROGRAM MANAGER AT
EPA LIKE OECA DEVELOPS NATIONAL
PROGRAM GUIDANCE.
PLANNING DOCUMENTS SETTING OUT
HOW WE ACHIEVE OUR CORE PROGRAM
GOALS AND TARGETS FOR OUR
ENFORCEMENT AND COMPLIANCE CORE
PROGRAM ARE PROVIDED ANNUALLY,
AND UPDATED IN ACCORDANCE WITH
OUR BUDGETS.
THREE ELEMENTS OF GUIDANCE
REGARDING FEDERAL FACILITIES I
WOULD LIKE TO POINT OUT ARE THAT
WE HOLD THEM TO THE SAME
STANDARDS AND PRIVATE, ENSURE
EPA ALONG WITH OUR STATES MEET
STATUTORY LEED REQUIRED
INFECTIONS AT FEDERAL
FACILITIES.
I'LL TALK MORE ABOUT THAT IN
DETAIL A LITTLE LATER ON.
NEXT SLIDE.
WE'LL STAY HERE PLEASE.
I WANT TO DISCUSS THE SPECIFIC
OECA ENFORCEMENT AND COMPLIANCE
PRIORITIES FIRST.
OECA IS OUR NATIONAL PROGRAM
MANAGER FOR ENFORCEMENT AND
COMPLIANCE AT EPA INCLUDING THE
REGIONAL OFFICES.
SO THESE PRIORITIES ARE THE
NATIONAL ENFORCEMENT AND
COMPLIANCE PRIORITIES ACROSS THE
AGENCY.
WE'RE COMMITTED TO USING ALL OUR
ENFORCEMENT AND COMPLIANCE TOOLS
AVAILABLE AS APPROPRIATE TO
ENSURE COMPLIANCE OF THE
REGULATED COMMUNITY.
THESE TOOLS INCLUES FORMAL
ENFORCEMENT ACTION, INFORMAL
ACTIONS SUCH AS NOTICES OF
VIOLATION, COMPLIANCE
MONITORING, ALSO KNOWN AS
INSPECTIONS, PENALTY ORDERS AS
WELL, COMPLIANCE ASSISTANCE SUCH
AS FED CENTER AND THIS
SYMPOSIUM, COMPLIANCE INCENTIVES
SUCH AS OUR AUDIT AND
SELF-DISCLOSURE POLICIES.
DETAIL LATER.
SLIDE 7 PLEASE.
OKAY.
OECA'S ENFORCEMENT PRIORITIES
AREAS ALSO KNOWN AS NCIs, I'LL
BE COVERING IN THE NEXT FEW
SLIDES IN DETAIL.
FOR FEDERAL FACILITIES, WE
FOLLOW OECA'S PRIORITIES, AND TO
THE EXTENT THAT THEY APPLY TO
FEDERAL FACILITIES WE FOCUS ON
THOSE.
PFAS IS AN EXAMPLE WHERE WE WERE
EARLY ADAPTERS OF WHAT IS NOW AN
OECA-WIDE PFAS PRIORITY.
NEXT SLIDE PLEASE.
THIS SLIDE SHOWS YOU THE NUMBER
OF PRIORITY AREAS.
OECA'S PRIORITY AREAS WERE
DEVELOPED IN COLLABORATION WITH
THE STATES, AND THAT INCLUDED
PUBLIC COMMENT PERIOD, AND
IMPLEMENTED TO ADDRESS THE MOST
SERIOUS VIOLATIONS, INITIALLY
CALLED NATIONAL COMPLIANCE
INITIATIVES, AND CURRENTLY THEY
ARE KNOWN AS NATIONAL INITIATIVE
AREAS.
WHAT ARE PRIORITY AREAS?
THEY ARE AREAS THAT HIGHLIGHT --
THEY HIGHLIGHT AREAS WHERE
THERE'S A NEED FOR EPA EXPERTISE
AND FEDERAL AUTHORITY AND
PROBLEMS BEING ADDRESSED ARE NOT
SECTOR BASED.
SOME HAVE MORE RELEVANCE THAN
OTHERS TO THE FEDERAL FACILITY
UNIVERSE.
AS EPA CONTINUES TO WORK ON ALL
THE NATIONAL INITIATIVES, EPA
WILL BE LOOKING AT WAYS TO
INCORPORATE ENVIRONMENTAL
JUSTICE CONSIDERATIONS, IN ALL
ITS WORK GOING FORWARD.
FOR EXAMPLE, WHEN WE TARGET
INSPECTIONS FOR ASSISTANCE WE'LL
BE LOOKING TO PRIORITIZE AREAS
WHERE THERE ARE POTENTIAL
COMMUNITIES WITH CONCERNS OR
OVERBURDENED WITH POLLUTION.
NEXT SLIDE.
SO, THE FEDERAL FACILITIES
ENFORCEMENT OFFICE IS SITUATED
AT HEADQUARTERS, AND IT'S
FOCUSED ON TWO PRIMARY GOALS.
FIRST, IMPROVING COMPLIANCE OF
OTHER FEDERAL AGENCIES AND
DEPARTMENTS WITH ENVIRONMENTAL
REGULATIONS THROUGH ENFORCEMENT
AS APPROPRIATE AND PROMOTING
ENVIRONMENTAL STEWARDSHIP
THROUGH COLLABORATION AND
COMPLIANCE ASSISTANCE.
MUCH WORK STEMS FROM EXECUTIVE
ORDER 12088, FROM 1978, WHICH
DIRECTS THE FEDERAL GOVERNMENT'S
COMPLIANCE WITH POLLUTION
CONTROL STANDARDS, CITING
RESPONSIBILITIES UNDER TOSCA,
CLEAN WATER ACT, CLEAN AIR ACT,
SOLID WASTE DISPOSAL ACT.
SECOND, FFEO HOLDS FEDERAL
AGENCIES TO THE SAME STANDARDS
AS THE REST OF THE REGULATED
COMMUNITY.
CONGRESS RECOGNIZED THE NEED FOR
FEDERAL AGENCIES TO FULLY COMPLY
WITH ENVIRONMENTAL REQUIREMENTS
BY INCLUDING LANGUAGE IN VALUE
STATUTES, INCLUDING THE
GOVERNMENT AS PERSONS UNDER
THOSE STATUTES.
MANY OF YOU MOST LIKELY WORK
DIRECTLY WITH OUR REGIONAL
OFFICES.
IN THE LAST ADMINISTRATION THERE
WAS A REORGANIZATION OF
ENFORCEMENT AND COMPLIANCE
FUNCTIONS IN REGIONAL OFFICES,
AND NOW EACH REGION HAS WHAT IS
KNOWN AS AN ENFORCEMENT AND
COMPLIANCE ASSURANCE DIVISION,
ECAD.
THESE DIVISIONS WORK IN PARALLEL
WITH OECA, AND THE REGIONAL
ECADSs HAVE STAFF TO WORK ON
FEDERAL ISSUES, WORKING WITH
FFEO WHICH ENSURES NATIONAL
CONSIST ENSURE. -- CONSISTENS.
FEDERAL FACILITY UNIVERSE IS A
SMALL PART OF THE ENTIRE
REGULATED UNIVERSE.
EPA'S APPROACH IS TO OBTAIN
COMPLIANCE MAY DEPEND ON THE
TYPE AND SOPHISTICATION OF THE
FACILITY WE'RE INVESTIGATING.
OF THE APPROXIMATELY 10,000
FEDERAL FACILITIES OUT THERE,
ABOUT A THIRD ARE DoD AND DOE
FACILITIES.
MOST OF THE FACILITIES ARE OTHER
FEDERAL CIVILIAN AGENCIES.
SOMETIMES THEY ARE THE SIZE OF A
SMALL CITY WITH COMPLEX OR TOP
SECRET FUNCTIONS, OTHER TIMES
THE SIZE OF A CAMPGROUND.
NEXT SLIDE.
THIS SLIDE INVOLVES OUR WATER
PRIORITY AREAS.
THERE ARE TWO WATER-RELATED
ENFORCEMENT PRIORITY AREAS.
THE FIRST IS THE PRIORITY OF
REDUCING NON-COMPLIANCE WITH
DRINKING WATER STANDARDS AT
COMMUNITY WATER SYSTEMS.
IT IS FOCUSED PRIMARILY BUT NOT
EXCLUSIVELY ON REDUCING
HEALTH-BASED VIOLATIONS.
WE ALSO LOOK AT MONITORING AND
REPORTING VIOLATIONS TO
HOLISTICALLY ADDRESS
NON-COMPLIANCE.
COMMUNITY WATER SYSTEMS ARE
PUBLIC WATER SYSTEMS THAT SERVE
AT LEAST 15 SERVICE CONNECTIONS
AND ARE USED YEAR ROUND OR
REGULARLY SERVE 25 YEAR-ROUND
RESIDENTS.
EPA US USES ENFORCEMENT
TARGETING TOOL TO IDENTIFY
SYSTEMS WITH SAFE DRINKING WATER
ACT VIOLATIONS AND IDENTIFY
WHICH ONES ARE PRIORITY SYSTEMS.
USING THE NARROWEST CRITERIA
FROM THE DRINKING WATER NCI,
COMMUNITY WATER SYSTEMS WITH
HEALTH-BASED VIOLATIONS, THERE
ARE APPROXIMATELY 84 FEDERAL
COMMUNITY WATER SYSTEMS WITH
VIOLATIONS.
22, ABOUT A QUARTER OF THESE,
ARE DoD SYSTEMS.
FEDERAL FACILITIES AREN'T THE
WORST VIOLATORS NO DO THEY HAVE
SYSTEMS SERVING THE LARGEST
POPULATIONS BUT SHOULD BE A ROLE
MODEL.
I HOPE WE CAN SAY THEY HAVE
ADDRESSED 90% OF COMPLIANCE
PROBLEMS WHEN WE ARE COMPLETEs
WITH THIS NCI.
NEXT SLIDE PLEASE.
THIS IS THE SECOND DRINKING --
SECOND WATER PRIORITY AREA.
AND IT INVOLVES REDUCING
SIGNIFICANT NON-COMPLIANCE WITH
NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM PERMITS,
NPDES.
WE'RE LOOKING AT REDUCING THE
PERCENTAGE OF INDIVIDUALLY
PERMITTED NPDES FACILITIES IN
SIGNIFICANT NON-COMPLIANCE OR
SNC, THE GOAL TO REDUCE SNCs
BY 50%, ULTIMATELY SNC RATE OF
10.1 IN REACH REGION AND ASSURE
THE MOST SERIOUS SNC VIOLATIONS
RECEIVE A TIMELY AND APPROPRIATE
RESPONSE.
THE CURRENT STATUS OF THE NCI OR
NPDES SNC IS WITH SNC RATE OF
10.6.
FEDERAL FACILITY UNIVERSE IS
MORE LIMITED THAN THE PRIVATE
ONE.
APPROXIMATELY 610 FEDERAL
FACILITIES ARE IMPLICATED, AND
BASED ON THE MOST RECENT
OFFICIAL DATA FROM FISCAL YEAR
22, QUARTER TWO, THERE ARE 28
FACILITIES IN SIGNIFICANT
NON-COMPLIANCE, OR AT RISK OF
BEING IN SIGNIFICANT
NON-COMPLIANCE BY THE END OF THE
QUARTER.
IN FY 21, 23 INSPECTIONS WERE
CONDUCTED BY EPA FOR THIS NCI.
LET'S SEE.
EPA IN THE STATES RECOGNIZED
DATA ERRORS ARE PREVALENT IN
THIS NCI, AND JUST TO GIVE AN
EXAMPLE OF THE DATA ERROR
SOMETIMES TRANSLATION ISSUES CAN
OCCUR WHEN INFORMATION IS SENT
FROM A STATE DATABASE TO EPA
DATABASE, AND THAT RESULTS IN A
FACILITY APPEARING TO BE IN SNC
WITH PERMIT WHEN IT IS IN FACT
IN COMPLIANCE.
A BIG PART OF THIS NCI IS MAKING
SURE THAT THE DATA TRANSFERS ARE
HAPPENING IN AN APPROPRIATE WAY.
WE ARE WORKING WITH A LOT OF
FEDERAL AGENCIES AND STATES TO
FIX AND IMPROVE THE DATA
TRANSFERS ACROSS ALL PROGRAM
AREAS.
LET'S SEE.
FFEO HAD SOME RECENT ACTIONS IN
THIS AREA.
WE ISSUED A COMPLIANCE ALERT IN
TRAINING OPPORTUNITIES ON FED
CENTER.
WE ARE ALSO ENGAGING WITH
FEDERAL AGENCIES IN IDENTIFYING
FACILITIES IN SIGNIFICANT
NON-COMPLIANCE.
WE'RE COLLABORATING WITH THE
STATES AND EPA REGIONS ON
ENFORCEMENT.
AND WE HAVE BEEN SENDING
QUARTERLY LETTERS TO FEDERAL
AGENCIES TO ALERT THEM ON
POTENTIAL SNC DESIGNATION.
AS A RESULT OF THESE EFFORTS, WE
SEE 45% OF FEDERAL FACILITY
SNCs BROUGHT BACK INTO
COMPLIANCE.
NEXT SLIDE PLEASE.
FFEO IS SENDING FEDERAL AGENCIES
QUARTERLY LETTERS THAT LOOK LIKE
THESE TO ALERT THEM -- SORRY.
THAT THEIR FACILITY IS
DESIGNATED OR AT AT RISK OF
BEING DESIGNATED IN SIGNIFICANT
NON-COMPLIANCE.
FOR DOING THIS WORK, WE USE
SOMETHING CALLED THE EARLY
WARNING DASHBOARD TO FIND
REALTIME FACILITY STATUS.
THIS IS A GREAT TOOL THAT
AGENCIES CAN USE TO SEE THE
STATUS OF THEIR FACILITIES IN
REAL TIME.
YOU DO NOT HAVE TO WAIT FOR THE
END OF THE QUARTER AND BEYOND.
I THINK IN MY SLIDE DECK THERE
SHOULD BE A LINK TO THAT
FACILITY, EARLY WARNING
DASHBOARD, BUT IF NOT WE'LL GET
THAT OUT TO FOLKS IN THE FED
CENTER SITE.
NEXT SLIDE.
THERE ARE THREE NATIONAL
INITIATIVES FOR IMPROVING AIR
QUALITY.
ONLY TWO OF THESE REALLY APPLY
IN THE FEDERAL FACILITY
UNIVERSE.
FIRST, CREATING CLEANER AIR FOR
COMMUNITIES BY REDUCING EXCESS
EMISSIONS OF HARMFUL POLLUTANTS
FROM STATIONARY SOURCES.
THIS PRIORITY ADDRESSES CLEAN
AIR ACT REQUIREMENTS.
PEOPLE LIVING IN NON-ATTAINMENT
AREAS OR IN COMMUNITIES THAT ARE
NEAR SOURCES OF HAZARDOUS AIR
POLLUTANTS MAY FACE SIGNIFICANT
RISK TO THEIR HEALTH AND
ENVIRONMENT.
SECOND, WE LOOK AT REDUCING RISK
OF ACCIDENTAL RELEASES AT
INDUSTRIAL AND CHEMICAL
FACILITIES.
MANY FACILITIES MAKE USE AND
STORE EXTREMELY HAZARDOUS
SUBSTANCES, REGULATED UNDER THE
CLEAN AIR ACT 112R PROGRAM
THROUGH CHEMICAL ACCIDENT
PREVENTION REGULATIONS KNOWN AS
RISK MANAGEMENT PROGRAM, RMP.
THE GOAL OF THIS NCI IS DECREASE
LIKELIHOOD OF CHEMICAL
ACCIDENTS.
SUCCESSFUL INITIATIVE WOULD
REDUCE COMMUNITY RISK BY HAVING
REGULATED FACILITIES, AND
INDUSTRY ASSOCIATIONS WORK TO
IMPROVE SAFETY.
INCREASED COMPLIANCE WITH RISK
MANAGEMENT PLANS, AND GDC, OR
REQUIREMENTS, AND PROMOTE
COORDINATION AND COMMUNICATION
WITH STATE AND LOCAL RESPONDERS
AND COMMUNITIES.
GDC REQUIREMENTS ARE GENERAL
DUTY CLAUSE REQUIREMENTS.
IN FISCAL 21, EPA CONCLUDED 117
ADMINISTRATIVE PENALTY ACTIONS,
THE MOST IN ANY YEAR SINCE THE
NCI WAS INITIATED IN 2017.
TWO FEDERAL FACILITY CASES WERE
INCLUDED IN THAT 117.
NEXT SLIDE PLEASE.
ANOTHER NATIONAL INITIATIVE IS
TO REDUCE THE RISK OF ACCIDENTAL
RELEASES AT INDUSTRIAL AND
CHEMICAL FACILITIES.
THE FOCUS IS ON CLEAN AIR ACT
112R REQUIREMENTS AS WELL.
THIS PRIORITY AREA ALSO HAS SOME
APPLICABILITY TO FEDERAL
FACILITIES.
AS DISCUSSED IN THE PREVIOUS
SLIDE, ONE OF THE NCIs DEALS
WITH AIR EMISSIONS FROM
HAZARDOUS WASTE TAMPA --
FACILITIES, THIS DEALS WITH
SECTIONS AA, BB, AND CC.
RCRA REQUIREMENTS.
THE SECOND IS A CONTINUATION
FROM THE LAST CYCLE OF NCIs,
ACCIDENTS AT THESE FACILITIES
CAN LEAD TO MASS CASUALTIES,
EVACUATIONS, SERIOUS HARM TO THE
LOCAL COMMUNITY.
MANY OF THESE COMMUNITIES HAVE
ENVIRONMENTAL JUSTICE CONCERNS.
THE GOAL IS TO DECREASE
LIKELIHOOD OF CHEMICAL ACCIDENTS
AT CLEAN AIR ACT 112R
FACILITIES.
THESE REGULATIONS APPLY TO
STATIONARY SOURCES THAT STORE
HAZARDOUS SUBSTANCES, LISTED
CHEMICALS AT OR ABOVE THRESHOLD
QUANTITIES.
WE'VE TAKEN A FEW ACTIONS AT
FEDERAL FACILITIES WITHOUT OR
WITH DEFICIENT RISK MANAGEMENT
PLANS.
FOR INSTANCE, IN 2018 WE ISSUED
AN ADMINISTRATIVE PENALTY ORDER
AGAINST THE U.S. ARMY FOR CLEAN
AIR ACT VIOLATIONS FOR CHLORINE
STORED AND USED ON-SITE AT RED
STONE ARSENAL.
ALSO IN 2015 WE ISSUED A KFO
WITH THE U.S. ARMY CORPS OF
ENGINEERS FOR 112R VIOLATIONS AT
THE COLD REGIONS RESEARCH AND
ENGINEERING LAB IN REGION 1.
NEXT SLIDE.
FOR US PFAS WAS A KNOWN ACRONYM
FOR MANY YEARS, AND FOR MANY OF
YOU IT PROBABLY IS AS WELL.
PFOA AND PFOS ARE TWO COMPOUNDS
MOST STUDIED, FOUND IN
INDUSTRIAL PROCESSES TO CREATE
NON-STICK SURFACES AND FLAME
RETARDANTS SUCH AS FOAM BUT THEY
ARE IN NUMEROUS COMMERCIAL
PRODUCTS AS WELL.
I THINK TODAY I SAW AN ARTICLE
THAT SAID PFAS IS ALSO IN MAKEUP
FOR WOMEN, THE POWDERS THAT THEY
PUT ON THEIR FACES, WHICH IS
KIND OF FRIGHTENING.
PFAS HAS ENDED UP IN GROUND
WATER, IN MANY DRINKING WATER
SOURCES.
PFAS, EPA IS COMMITTED TO
ADVANCING SCIENCE, IMPROVING
DATA, USING ITS AUTHORITY TO
HELP PROTECT PUBLIC HEALTH.
THERE'S A LOT GOING ON IN THIS
AREA, THERE ARE PRESENTATIONS
LATER IN THE SYMPOSIUM ON THIS
TOPIC IN PARTICULAR.
SO I JUST WANT TO TOUCH ON A FEW
HIGHLIGHTS.
AS YOU MAY KNOW, EPA DOES NOT
YET HAVE SPECIFIC RULES
REGARDING PFAS BUT THERE'S A LOT
GOING ON IN THAT AREA.
IN THE SAFE DRINKING WATER ACT
AREA, OFFICE OF WATER HAS
DEVELOPED A HEALTH ADVISORY OF
70 PARTS PER TRILLION.
THESE HEALTH ADVISORIES ARE
STILL BEING REVIEWED AND COULD
POSSIBLY BE ADJUSTED EVEN LOWER.
EPA IS ALSO DEVELOPING SUPERFUND
GROUND WATER GUIDANCE, EPA IS
PRIORITIZING PUBLIC HEALTH
IMPACTS BY FOCUSING ON
ADDRESSING GROUND WATER THAT IS
CURRENT OR POTENTIAL SOURCE OF
DRINKING WATER.
GUIDANCE RECOMMENDS USING
SCREENING LEVEL OF 40 PARTS PER
TRILLION TO DETERMINE PFOA OR
PFOS PRESENCE AT A SITE AND THEY
WARRANT FURTHER ATTENTION.
EPA HAS COMPLETED A FINAL
REGULATORY DETERMINATION WHICH
ALLOWS US TO MOVE FORWARD TO
PROPOSE THE NATIONAL PRIMARY
DRINKING WATER REGULATIONS FOR
THESE TWO PFAS, AS PART OF THAT
PROCESS EPA IS EVALUATING THE
BEST AVAILABLE SCIENCE TO
ESTABLISH A PROTECTIVE MAXIMUM
CONTAMINANT LEVEL GOAL,
ASSESSING TECHNOLOGY TO SET
FORCEFUL LIMITS.
UNDER THE CLEAN WATER ACT,
SORRY.
TO IMPROVE SCIENTIFIC DATA AND
ANALYSIS, EPA RE-SIGNED AN
ACTION TO SOLICIT DATA ON
PRESENCE AND TREATMENT OF PFAS
IN WASTE WATER DISCHARGE FROM P
PASS FORMULATORS AND
MANUFACTURERS TO REDUCE RISK
CAUSED BY THE BROAD CLASS OF
CHEMICALS AND IS EVALUATING IF
WASTE WATER DISCHARGE FROM
INDUSTRIAL SOURCES WARRANT
REGULATION THROUGH NATIONAL
EFFLUENT GUIDELINES.
EPA IS CONDUCTING TOXICITY
STUDIES ON OTHER PFAS AND
ANALYTICAL METHODS.
EPA'S RESEARCH ON PFAS IS
HELPING TO DEEPEN THE AGENCY'S
UNDERSTANDING OF THESE CHEMICALS
SO THAT WE CAN TAKE THE RIGHT
STEPS TO CONTINUE REDUCING RISK
TO PUBLIC HEALTH.
THAT'S WHY PFAS RESEARCH IS SUCH
A HIGH PRIORITY FOR THE AGENCY.
.
IN DECEMBER 2019 EPA ISSUED AN
ADVANCE NOTICE OF PROPOSED
RULEMAKING, SOLICITING INPUT ON
ADDING PFAS TO THE TOXIC RELEASE
INVENTORY TOXIC CHEMICAL LAST.
AS A RESULT FOR THE FIRST TIME
ENTITIES ARE REQUIRED TO REPORT
PFAS UNDER TRI, APPLIES TO ALL
FEDERAL AGENCIES AS WELL.
SUPPLEMENTAL PROPOSAL WAS SEND
TO OMB TO ENSURE CERTAIN LONG
CHAIN PFAS CHEMICALS CANNOT BE
MANUFACTURED IN OR IMPORTED INTO
THE U.S.
EPA RECENTLY RELEASED THE FINAL
PEER REVIEWED TOXICITY
ASSESSMENT FOR PFBS.
FINALLY, EPA IS CONSIDERING
DEVELOPING RULE MAKING ON
WHETHER TO DESIGNATE PFOA AND
PFAS AS HAZARDOUS SUBSTANCES.
NEXT SLIDE.
DURING THE LAST ADMINISTRATION,
EPA'S PFAS ACTION PLAN WAS
DEVELOPED BASED ON FEEDBACK FROM
VARIOUS COMMUNITY EVENTS IN
ADDITION TO INFORMATION RECEIVED
FROM APPROXIMATELY 120,000
COMMENTS SUBMITTED TO THE PUBLIC
DOCKET.
THE ACTION PLAN IS EPA'S FIRST
MULTIMEDIA MULTI-PROGRAM
NATIONAL RESEARCH MANAGEMENT AND
RISK COMMUNICATION PLAN TO
ADDRESS A CHALLENGE LIKE PFAS.
SOME OF THE ACTIONS I JUST
MENTIONED WERE DEVELOPED
PURSUANT TO THE ACTION PLAN.
EPA CONTINUES TO USE ENFORCEMENT
TOOLS TO ADDRESS PFAS EXPOSURE
IN THE ENVIRONMENT AND ASSIST
STATES IN ENFORCEMENT
ACTIVITIES.
NEXT SLIDE.
MANY FEDERAL AGENCIES HAVE BEEN
AT THE FOREFRONT OF PFAS
DEVELOPMENTS.
DoD HAS BEEN DEALING WITH PFAS
AT MANY OF ITS SITES ACROSS THE
COUNTRY.
EPA WORKS WITH ITS FEDERAL
PARTNERS IN MULTIPLE WAYS TO
ADDRESS PFAS.
FOR EXAMPLE, USDA AND FDA WERE
EXAMINING THE IMPACTS OF PFAS
SLIDES.
WORKED WITH NATIONAL INSTITUTES
OF HEALTH, NATIONAL TOXICOLOGY
PROGRAM, ADDRESSING PFAS
TOXICITY, WITH DoD ON
ANALYTICAL METHODS AND
APPROACHES FOR PFAS CLEANUP AND
FED CENTER IS WORKING ON PFAS
PAGE WHICH WILL ADDRESS UPDATES
AND INITIAL NEWS REGARDING PFAS.
I LOOK FORWARD TO WORKING
FURTHER WITH MANY OF YOU ON HOW
BEST TO DO THIS, AS WE CONTINUE
TO INCREASE OUR COLLABORATION ON
THIS IMPORTANT NATIONAL AND
INTERNATIONAL ISSUE.
NEXT SLIDE.
EPA LIKE OTHER FEDERAL AGENCIES
IS PLACING A PRIORITY ON
REDUCING LEAD EXPOSURE IN
CHILDREN.
AGENCY-WIDE EFFORTS INCLUDE
INCREASING COMPLIANCE WITH AND
AWARENESS OF THE IMPORTANCE OF
LEAD SAFE RENOVATIONS UNDERSTOOD
THE RENOVATION REPAIR AND
PAINTING RULE.
DEVELOPING A MAPPING TOOL TO
IDENTIFY COMMUNITIES WITH
ELEVATED LEAD EXPOSURES.
AND CONDUCTING TARGETED
GEOGRAPHIC INITIATIVES AND
UNDERTAKING PUBLIC AWARENESS
CAMPAIGNS ON LEAD ISSUES.
EPA CONTINUES TO CONDUCT
INSPECTIONS TO ENSURE RENOVATION
CONTRACTORS AND OTHERS INVOLVED
ARE IN COMPLIANCE ARE LEAD
RENOVATION AND DISCLOSURE RULES.
AS SOME OF OUR DoD
PARTICIPANTS MAY KNOW, NATIONAL
DEFENSE AUTHORIZATION ACT FROM
2019 CONTAINS MILITARY HOUSING
REFORMS RELATED TO LEAD, AND
EXPANDS DoD HOUSING OVERSIGHT,
INCREASED HOUSING INSPECTIONS, A
TENANT BILL OF RIGHTS, APPROVED
$330 MILLION TO ADDRESS LEAD
ISSUES.
EPA AND DoD SENIOR MANAGEMENT
HAVE BEEN MEETING TO DISCUSS
OPPORTUNITIES TO COLLABORATE
INCLUDING HOW TO INFLUENCE
PMCs TO HIGHER RRP RULE
CERTIFIED FIRMS SHARING RELEVANT
DATA ON COMPLIANCE INFORMATION
FOUND DURING EPA INSPECTIONS.
NEXT SLIDE.
AS YOU KNOW, AND I'VE SAID, A
MAJOR FOCUS FOR EPA AND OTHER
FEDERAL AGENCIES.
EXECUTIVE ORDER 14008 CALLS ON
OECA TO STRENGTHEN ENFORCEMENT
OF ENVIRONMENTAL VIOLATIONS WITH
DISPROPORTIONATE IMPACT ON
UNDERSERVED COMMUNITIES.
HERE IS WHAT WE'RE DOING,
WORKING WITH THE OFFICE OF
ENVIRONMENTAL JUSTICE AND I
BELIEVE MATT HEADS UP THAT
OFFICE, AND WILL BE SPEAKING
LATER ON IN THE SYMPOSIUM, TO
REFINE OUR ABILITY TO USE EJ
SCREEN TO IDENTIFY COMMUNITIES
WITH EJ CONCERNS.
EJ SCREEN IS A MAPPING TOOL THAT
WORKS BY APPLYING A NUMBER OF
DEMOGRAPHIC AND ENVIRONMENTAL
INDICATORS TO IDENTIFY AND
HIGHLIGHT THE MOST OVERBURDENED
COMMUNITIES.
IT IS ONE OF SEVERAL EXCELLENT
TOOLS AVAILABLE TO YOU TO HELP
YOU IN YOUR EJ WORK.
OECA HAS ALSO ISSUED THREE
ENFORCEMENT MEMOS, ONE ON
REGULATORY ENFORCEMENT, ANOTHER
ON CLEANUP ENFORCEMENT, A THIRD
ON CRIMINAL ENFORCEMENT
OUTLINING HOW EACH OF THESE
PROGRAMS WILL BE ADVANCING OUR
WORK ON EJ.
A FEW HIGHLIGHTS OF THOSE MEMOS
ARE REGARDING REGULATORY
ENFORCEMENT.
WE PLAN TO INCREASE OUR PRESENCE
IN OVERBURDENED COMMUNITIES BY
CONDUCTING MORE INSPECTIONS,
DIRECTING CASE TEAMS TO USE THE
FULL ARRAY OF POLICY AND LEGAL
TOOLS AVAILABLE TO ENSURE THAT
WE HAVE INNOVATIVE REMEDIES, IN
OUR ENFORCEMENT SETTLEMENTS.
THESE REMEDIES ASSURE THAT
COMPLIANCE IS ACHIEVED AND
MAINTAINED AND OFTEN MITIGATE
HARM.
THEY COULD INCLUDE THINGS SUCH
AS ADVANCED MONITORING, AUDITS
AND INDEPENDENT THIRD PARTY
VERIFICATION, ELECTRONIC
REPORTING, AND INCREASED
TRANSPARENCY OF COMPLIANCE DATA.
WE ALSO ARE LOOKING AND
HOPEFULLY WORKING WITH DOJ TO
USE SUPPLEMENTAL ENVIRONMENTAL
PROJECTS.
THESE ARE BENEFICIAL TO THE
COMMUNITY, BUT WE CURRENTLY ARE
EXPERIENCING I GUESS A HALT IN
THAT PRACTICE BECAUSE DOJ HAS A
POLICY MEMO OUT AGAINST USING
SEPS AND ENVIRONMENTAL
SETTLEMENTS.
WE'RE ALSO INCREASING OUR
COMMUNITY ENGAGEMENT.
WE PLAN TO PROVIDE GREATER
PUBLIC ACCESS TO COMPLIANCE DATA
AND PROMOTE COMMUNITY'S ABILITY
TO UNDERSTAND AND MANAGE THEIR
RISKS, AND MONITOR COMPLIANCE AT
LOCAL FACILITIES.
WITH RESPECT TO CLEANUP
ENFORCEMENT, THE MEMO POINTS TO
FOUR PRIMARY AREAS TO ADVANCE
ENVIRONMENTAL JUSTICE.
BUT I'M GOING TO FOCUS ON ONE IN
PARTICULAR.
THE ONE THAT IS MOST AT ISSUE
HERE IS THAT REQUIRING
RESPONSIBLE PARTIES TO TAKE
CLEANUP ACTIONS, TAKE EARLY
CLEANUP ACTIONS, SOMETIMES EARLY
CLEANUP ACTIONS ARE NEEDED TO
ADDRESS THE MOST URGENT RISK TO
HUMAN HEALTH AND CAN BENEFIT
OVERBURDENED COMMUNITIES WITH
THE HIGHEST LEVELS OF EXPOSURE.
FOR EXAMPLE, UNDER SECTION 106A
AND RCRA SECTION 7003, SAFE
DRINKING WATER ACT 1431, EPA IS
AUTHORIZED TO SEEK IMMEDIATE
ACTION WHEN IT FINDS AN ACTUAL
OR THREATENED RELEASE OF
HAZARDOUS SUBSTANCE MAY PRODUCE
IMMINENT AND SUBSTANTIAL
ENDANGERMENT.
INCREASING AUTHORITIES IS A
GREAT WAY TO ACHIEVE QUICK
RESULTS IN THIS AREA.
AND WE WILL USE THOSE AS
NECESSARY AND APPROPRIATE.
NEXT SLIDE.
I WOULD LIKE TO POINT OUT THAT
FED CENTER HAS A NEW
ENVIRONMENTAL JUSTICE PAGE,
WHERE FEDERAL AGENCIES CAN SHARE
EJ RESOURCES AND GUIDANCE AND
STAY INFORMED AND INCORPORATE EJ
INTO THEIR WORK.
EPA AND CQ HAVE DEVELOPED GIS
TOOLS TO IDENTIFY AREAS WITH
ENVIRONMENTAL JUSTICE CONCERNS,
AS I SAID EPA'S OFFICE OF
ENVIRONMENTAL JUSTICE HAS EJ
SCREEN, THEY HAVE A NEW ONE THAT
IS EJ SCREEN 2.0, AND CEQ HAS
WHAT IS KNOWN AS CLIMATE AND
ECONOMIC JUSTICE SCREENING TOOL.
THOSE ARE BOTH AVAILABLE ON
THEIR WEBSITES IF YOU GOOGLE
THEM.
TURNING TO CLIMATE CHANGE, A LOT
OF EPA OFFICES HAVE A
SIGNIFICANT ROLE DEVELOPING
REGULATORY FRAMEWORKS TO HELP
ADDRESS CLIMATE CHANGE.
FROM ENFORCEMENT PERSPECTIVE
WE'RE LOOKING AT TARGETING CASES
THAT ADDRESS GHG-RELATED
REQUIREMENTS, INCORPORATING
CLIMATE FOCUSED MITIGATION, AND
RESILIENCE CONDITIONS AND
SETTLEMENTS, INJUNCTIVE RELEASE,
TRACKING CLIMATE CHANGE IMPACTS,
BUILDING CAPACITY WITH OUR
INTERNATIONAL PARTNERS.
NEXT SLIDE.
IN THE FEDERAL FACILITY
ENFORCEMENT WORLD WE HAVE A LOT
OF TIMES THAT WE USE TO ENSURE
ENVIRONMENTAL COMPLIANCE.
WE USE FORMAL ENFORCEMENT
ACTIONS WHICH CAN INCLUDE
COMPLIANCE AGREEMENTS, IMMINENT
SUBSTANTIAL ENGAGEMENT AUTHORITY
AS I MENTIONED, UNILATERAL
ADMINISTRATIVE ORDERS.
WE ALSO HAVE PENALTY AUTHORITY
UNDER SOME OF OUR STATUTES.
WHEN WE DO GET PENALTIES, THOSE
GO BACK TO THE TREASURY OR THE
GENERAL SUPERFUND.
WE HAVE COMPLIANCE MONITORING
TOOLS, INSPECTIONS ON SITE AND
OFF SITE, AND COMPLIANCE
EVALUATIONS FOR OFF-SITE RECORD
REVIEWS.
WE DO INFORMAL ENFORCEMENT,
USING NOTICES OF VIOLATION, AND
OUR COMPLIANCE ASSISTANCE TOOLS
SUCH AS THIS SYMPOSIUM, FED
CENTER, WHICH I'LL TALK ABOUT
MORE IN A MINUTE, COMPLIANCE
ADVISORIES, AND COLLABORATION,
HOLDING MEETINGS, HAVING
DISCUSSIONS TO EXPLAIN
PRIORITIES, AND COMPLIANCE
ISSUES.
AND THEN COMPLIANCE INCENTIVES
SUCH AS SELF-DISCLOSURE POLICY
AND THE AUDIT POLICY.
SO NEXT SLIDE PLEASE.
SINCE 2015 EPA HAS TAKEN
APPROXIMATELY 200 FORMAL
ENFORCEMENT ACTIONS AGAINST
FEDERAL FACILITIES RESULTS IN $6
MILLION IN PENALTIES.
52 ACTIONS UNDER SAFE DRINKING
WATER ACT, SORRY, SOLID WASTE
DISPOSAL ACT.
71 OF THESE WERE UNDER RCRA, 21
UNDER THE CLEAN AIR ACT, AND 12
WERE UNDER THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION
SYSTEM.
NEXT SLIDE PLEASE.
YOU CAN SEE FROM THIS SLIDE THAT
OVER -- SORRY.
I'M HAVING TROUBLE SEEING IT ON
MY SCREEN.
OVER 61% OF OUR FORMAL ACTIONS
TAKEN OVER THE LAST SEVEN YEARS
WERE AGAINST THE DEPARTMENT OF
DEFENSE, AND MANY OTHER CIVILIAN
AGENCIES MAKE UP 18% OF THOSE
CASES.
NEXT SLIDE.
IN 2022 OUR INSPECTORS WILL BE
GETTING BACK OUT IN THE FIELD
AND ON THE GROUND.
SAFETY IS OUR NUMBER ONE
PRIORITY, AND THE FOLLOWING
PROTOCOLS ARE IN PLACE TO ENSURE
THE SAFETY OF OUR INSPECTORS.
INSPECTORS ARE VACCINATED.
THEY COMPLY WITH MASK MANDATES.
AND SOCIAL DISTANCING.
INSPECTIONS WERE DOWN IN 2020,
OBVIOUSLY BECAUSE OF COVID.
BUT THEY WENT BACK UP IN 2021
AND WE EXPECT THAT THEY WILL
CONTINUE TO GROW AS THE SEASON
GETS WARMER AND COVID STAYS IN
ABEYANCE.
NEXT SLIDE PLEASE.
SORRY.
LET ME TALK ABOUT THE EPA'S
AUDIT POLICY, WHICH IS DESIGNED
TO ACHIEVE GREATER COMPLIANCE
WITH FEDERAL LAWS AND
REGULATIONS THAT PROTECT HUMAN
HEALTH AND THE ENVIRONMENT.
IT WAS ISSUED IN APRIL OF 2000.
WE FEEL THAT IT PROMOTES HIGHER
STANDARD OF SELF-POLICING BY
WAIVING GRAVITY BASED POLICIES
FOR DISCLOSURES CORRECTED AND
DISCOVERED SYSTEMATICALLY
THROUGH VOLUNTARY AUDITS OR
COMPLIANCE MANAGEMENT SYSTEMS.
COMPLIANCE INCENTIVES ARE TOOLS
TO ENCOURAGE SELF-AUDITING, TO
ACHIEVE COMPLIANCE, A WIN-WIN
FOR THE REGULATED COMMUNITY.
EPA AND THE ENVIRONMENT.
SO SOMETHING TO SERIOUSLY THINK
ABOUT AS YOU'RE ASSESSING THE
COMPLIANCE STATUS OF YOUR
FACILITIES OUT THERE.
NEXT SLIDE PLEASE.
LAST TOPIC I WANT TO ADDRESS IS
PARTNERSHIPS FOR COMPLIANCE,
PARTICULARLY WITH STATES,
TRIBES, OTHER FEDERAL AGENCIES.
NEXT SLIDE.
EPA WORKS CLOSELY WITH STATES
AND TRIBES IMPLEMENTING FEDERAL
ENVIRONMENTAL PROGRAMS.
AUTHORIZED STATES ARE OFTEN YOUR
FIRST LINE REGULATORS AND EPA
RETAINS CONCURRENT AUTHORITY.
IT'S IMPORTANT TO REMEMBER THAT
AUTHORIZED STATES AS YOUR FIRST
LINE REGULATORS ARE FOLKS THAT
YOU NEED TO BUILD RELATIONSHIPS
WITH AND WORK WITH.
EPA CAN AUTHORIZE A STATE TO BE
THE PRIMARY IMPLEMENTER OF
INSPECTIONS AN ENFORCEMENT IN
CERTAIN AREAS BUT EPA ALWAYS
RETAINS CONCURRENT AUTHORITY AS
I SAID EARLIER.
DESPITE STATE PRIVACY, EPA MAY
TAKE THE LEAD ON CERTAIN CASES.
FOR EXAMPLE, VIOLATIONS THAT ARE
PART OF A NATIONAL INITIATIVE,
OR IF THERE ARE MULTI-STATE
ISSUES OR STATE OR FEDERALLY
OWNED OR OPERATED FACILITY MAY
WARRANT DIRECT EPA INVOLVEMENT.
EMERGENCIES, CRIMINAL VIOLATIONS
AND OTHER SCENARIOS MAY ALSO
WARRANT DIRECT EPA INVOLVEMENT.
NEXT SLIDE PLEASE.
ARE WE ON THE LAST SLIDE, JESS?
>> ONE MORE AFTER THIS.
>> OKAY.
SORRY.
I JUST COULDN'T SEE IT.
>> IT'S PARTNERSHIPS AND FEDERAL
AGENCIES.
>> YEP.
OKAY.
I CAN'T STRESS ENOUGH THAT AS
ONE FEDERAL EXECUTIVE WE WANT TO
WORK WITH YOU, SO KNOW MY DOOR
AND MY COLLEAGUES' DOORS ARE
ALWAYS OPEN.
ON THE PHONE OR BY TEAMS OR
E-MAIL, AS THE CASE MAY BE THESE
DAYS.
OUR REGIONAL FEDERAL FACILITY
PROGRAM MANAGERS ARE ALSO THERE
FOR YOU, AND I THINK THEY ARE
LISTED IN FED CENTER.
IN ADDITION WE'VE PARTNERED WITH
OTHER FEDERAL AGENCIES TO
COLLABORATE AND WORK TOGETHER TO
ENSURE THE FEDERAL GOVERNMENT
SERVES AS LEADERS IN
ENVIRONMENTAL COMPLIANCE.
AND EPA PROVIDES ASSISTANCE
THROUGH OUR LETTERS ADVISING YOU
ON COMPLIANCE ISSUES, WEBINARS,
MEETINGS WITH FFPMs, AND
REGIONAL STAFF AND THROUGH THE
ENVIRONMENTAL FEDERAL AGENCY
NETWORK.
WE ALSO WORK TOGETHER HERE ON
FED CENTER.
SO, LAST SLIDE.
LET'S SEE.
IS THIS THE FED CENTER SLIDE?
>> YES.
>> OKAY.
LET ME SPEND A MINUTE TOUTING
FED CENTER.
FED CENTER IS A GREAT RESOURCE
FOR ALL OF YOU TO FIND THE
LATEST NEWS IN THE FEDERAL
FACILITY ENVIRONMENT, AND
ENFORCEMENT WORLD.
AND FOR ME, IT'S BEEN A GREAT
RESOURCE AS WELL AS I GET UP TO
SPEED ON THE FEDERAL FACILITY
ISSUES FOR EPA IN MY FIRST MONTH
HERE AT THE FEDERAL FACILITY
ENFORCEMENT OFFICE.
WE'VE WORKED WITH THE FED CENTER
BOARD AND AGENCY EXPERTS TO
DEVELOP TWO NEW AREAS FOR EJ AND
PFAS ON FED CENTER.
AND WE'RE PLANNING ON AN
UPCOMING FACE-TO-FACE NATIONAL
ENVIRONMENTAL SYMPOSIUM WHICH I
UNDERSTAND MAY BE IN OCTOBER OF
2023.
WE LOOK FORWARD TO WORKING WITH
NIH AND OTHER AGENCIES TO MAKE
THAT HAPPEN.
NEXT SLIDE.
IN CONCLUSION, I WANTED TO
STRESS THAT AS FEDERAL AGENCIES
WE'RE HELD TO THE SAME
ENVIRONMENTAL REQUIREMENTS,
STANDARDS, AND COMPLIANCE
EXPECTATIONS AS THE PRIVATE
SECTOR.
I WOULD ARGUE WE'RE POSSIBLY
HELD TO A HIGHER STAND, SHOULD
BE THE ENVIRONMENTAL STEWARDS
AND LEADERS FOR THE REST OF THE
NATION.
WE ALL HAVE OUR INDIVIDUAL
MISSIONS.
BUT AT THE HEART OF OUR MISSION
IS THAT WE SERVE THE AMERICAN
PUBLIC.
EPA'S PRIMARY MISSION IS TO
PROTECT HUMAN HEALTH AND THE
ENVIRONMENT, THAT IS NOT NASA OR
DoD OR THE FOREST SERVICE'S
PRIMARY MISSION YET IT IS A
COMPONENT OF THEIR MISSIONS.
I APPLAUD EVERYONE FOR TAKING
THE TIME OUT OF THEIR BUSY
SCHEDULES TO LEARN ABOUT THEIR
ENVIRONMENTAL OBLIGATIONS AND
HOPE THAT TODAY'S SYMPOSIUM
HELPS YOU HELP YOUR ORGANIZATION
TO NOT JUST COMPLY BUT TO
DEMONSTRATE ENVIRONMENTAL
LEADERSHIP.
THANK YOU.
>> THANK YOU SO MUCH, RICH.
GARTH, DO WE HAVE ANYTHING IN
THE CHAT?
>> NO.
WE DIDN'T GET IN THE CHAT AT ALL
FOR THIS SEGMENT YET.
>> REMEMBER EVERYONE, YOU CAN --
I'LL SHOW YOU AGAIN WHERE YOU
CAN PUT QUESTIONS OR COMMENTS IN
THE CHAT FOR THE SPEAKERS.
THERE IS A BUTTON AT THE BOTTOM
OF YOUR SCREEN THAT SAYS SEND
LIVE FEEDBACK.
DOWN HERE.
YOU'RE ABLE TO ASK QUESTIONS FOR
OUR PRESENTERS THERE.
>> NO WORRIES.
>> IF WE HAVE NO QUESTIONS
QUESTIONS, WE CAN GIVE IT A
COUPLE MINUTES BECAUSE WE HAVE
FIVE MORE MINUTES LEFT IN THE
SESSION.
THANK YOU SO MUCH, RICH, FOR ALL
THAT INFORMATION.
THAT WAS GREAT.
>> THANK YOU, JESS.
I APPRECIATE PEOPLE LISTENING
IN.
AND LOOK FORWARD TO MEETING
PEOPLE IN PERSON SOON.
TAKE CARE.
>> YES.
WELL, IF THERE'S NOTHING ELSE,
WE HAVE A BREAK COMING UP NEXT.
WE CAN START THAT EARLY.
BUT WE WILL BE RETURNING AT
12:15.
>> HI, EVERYBODY.
THIS IS GARTH CONOR FROM EPA
PHILADELPHIA.
YOU'RE ON TRACK 6.
THE COMPLIANCE TRACK.
I'M GOING TO INTRODUCE THE
SPEAKERS FOR THE NEXT SEGMENT.
THEY ARE GOING TO TAKE 25
MINUTES TO GO THROUGH THEIR
PRESENTATION AND WE'RE GOING TO
LEAVE THE LAST FIVE MINUTES
APPROXIMATELY FOR QUESTIONS AND
ANSWERS.
SO THIS NEXT SESSION IS ABOUT
THE DEVELOPMENT OF DRAIN
DISPOSAL GUIDANCE FOR
LABORATORIES AT THE NATIONAL
INSTITUTES OF HEALTH NIH.
OUR TWO SPEAKERS ARE BILL
STEINMETZ AND PAUL JOHNSON.
GUYS, WHY DON'T YOU TAKE OVER
AND LET IT RIP.
>> ALL RIGHT.
THANKS A LOT.
GOOD AFTERNOON FROM THE PIEDMONT
OF NORTH CAROLINA.
TODAY'S PRESENTATION IS GOING TO
BE ABOUT DEVELOPMENT OF DRAIN
DISPOSAL GUIDANCE FOR NIH
LABORATORIES.
I'M BILL STEINMETZ, AN
ENVIRONMENTAL COMPLIANCE
SPECIALIST WITH NIEHS.
I WORK WITH PAUL JOHNSON IN
NORTH CAROLINA, WHILE TY AND
CRAIG WORK AT THE BETHESDA,
MARYLAND, NIH CAMPUS.
SO, OUR NIEHS MISSION, NATIONAL
INSTITUTE OF ENVIRONMENTAL
HEALTH SCIENCES, TO DISCOVER HOW
THE ENVIRONMENT AFFECTS PEOPLE
IN ORDER TO PROMOTE HEALTHIER
LIVES.
WE ARE ONE OF THE INSTITUTES
WITHIN THE NATIONAL INSTITUTES
OF HEALTH, THE NATION'S MEDICAL
RESEARCH AGENCY.
THERE ARE A TOTAL OF ABOUT 3,000
LAB SPACES THROUGHOUT NIH.
AND AROUND 300 OF THOSE ARE
NIEHS.
SO, HERE'S SOME BACKGROUND.
WE HAVE ROBUST PROGRAMS WITH
REGARD TO WASTE MANAGEMENT.
WE HAVE THESE LONGSTANDING
POLICIES.
WE HAVE TRAINING PROGRAMS.
WE HAVE NIH 3032 FOCUSING ON
WASTE MINIMIZATION AND
MANAGEMENT AND DISPOSAL OF
CHEMICALS.
THESE ARE ALL LONGSTANDING BUT
EVEN WITH GOOD ROBUST PROGRAMS,
YOU CAN HAVE SOME COMPLIANCE
PROBLEMS WHEN THERE ARE
INAPPROPRIATE MATERIALS
DISCHARGED DOWN THE DRAIN.
SO, WE DISCOVERED THAT THERE WAS
BOTH A POLICY GAP AND A
KNOWLEDGE GAP.
NEXT SLIDE.
SO, FIRST LET'S TALK ABOUT
COMPLIANCE.
AS A FEDERAL FACILITY, WITH A
WASTEWATER DISCHARGE PERMIT,
WE'RE TREATED JUST LIKE
INDUSTRY.
WE ARE ACTUALLY INDUSTRIAL USERS
OF THE COUNTY OR THE CITY'S
POTW, SANITARY SEWER SYSTEM THAT
DISCHARGES TO THE PUBLICLY OWNED
TREATMENT WORKS, OR THE
WASTEWATER TREATMENT PLANT.
THAT IS IF YOU DO NOT HAVE A
PLANT ON YOUR PROPERTY.
SO AS A RESULT, AS AN INDUSTRIAL
USER, JUST LIKE A FACTORY, WE
HAVE TO HAVE A PERMIT, AND THE
PERMIT HAS LIMITS, RECORD
KEEPING, REPORTING REQUIREMENTS,
PLAN REQUIREMENTS IN ORDER TO
COMPLY WITH THE LAW.
AND THIS IS BECAUSE THE
WASTEWATER TREATMENT PLANT HAS
THEIR OWN NIFTY SURFACE WATER
PERMIT FOR TREATED DISCHARGE TO
THE ENVIRONMENT.
A FEDERAL FACILITY CAN RECEIVE A
NOTICE OF VIOLATION, AND CAN
BECOME UNDER ENFORCEMENT PLAN IF
THERE ARE COMPLIANCE ISSUES.
NEXT SLIDE.
SO, WHAT WAS THE SOLUTION TO OUR
ISSUES?
WELL, IT WAS TWO PRONGED.
ONE WAS TO DEVELOP A DRAIN
DISCHARGE GUIDE, AND THEN IN
PARALLEL WAS THE DEVELOPMENT OF
AN ONLINE APPLICATION APPROVAL
PROCESS.
THE DRAIN DISCHARGE GUIDE WAS A
STAND-ALONE LIST WITH THE GUIDE
BUILT AROUND IT FOR CHEMICALS
THAT COULD BE DISCHARGED DOWN
THE DRAIN WITHOUT INDIVIDUAL
APPLICATION.
THE APPLICATION WAS A ONE AT A
TIME APPROACH FOR COMMONLY USED
LABORATORY CHEMICALS TO GO
THROUGH A PROCESS, APPROVAL
PROCESS, BEFORE DISCHARGE TO THE
SANITARY SEWER.
BOTH OF THESE APPROACHES WERE
DEVELOPED AND BETA TESTED WITHIN
THE RESEARCH COMMUNITY.
THIS INVOLVED ESTABLISHING
WORKING GROUPS THAT INCLUDED LAB
MANAGERS, AS WELL AS HEALTH
SAFETY AND ENVIRONMENTAL
REPRESENTATIVES.
AND THEN IN ADDITION THERE WAS A
GREAT AMOUNT OF COLLABORATION
BETWEEN THE NIH MAIN CAMPUS IN
BETHESDA AS WELL AS SATELLITE
NIH CAMPUSES SUCH AS NIEHS.
NEXT SLIDE.
SO, WHERE DID THIS CONCEPT COME
FROM, HOW DID THIS BEGIN?
HERE WE'RE FOCUSING ON THE DRAIN
DISCHARGE GUIDE.
WELL, AT FIRST, WE WERE GOING
TO TAKE THE APPLICATION
DASHBOARD ROUTE.
AND USING APPLICATION DASHBOARD
RESEARCHER, IF THEY WANTED TO
PUT A COMMONLY USED CHEMICAL
DOWN THE DRAIN THEY WOULD APPLY
AND THEN THEY WOULD BE APPROVED
OR NOT APPROVED.
SO, WE BETA TESTED THE
APPLICATION DASHBOARD WITH OUR
RESEARCH STAFF, AND RESEARCHERS
CAME BACK WITH SOME CONCERNS
THAT PROCESS WAS TOO LONG,
COMPLICATED, SOMEWHAT CONFUSING,
AND THEIR BOTTOM LINE WAS THAT
IT TOOK TIME AWAY FROM RESEARCH.
SO, OUR LAB STAFF EXPRESSED
THEIR CONCERNS TO OUR SCIENTIFIC
LEADERSHIP AT NIEHS, AND OUR
LEADERSHIP REQUESTED THAT THE
ENVIRONMENTAL PERSONNEL AT NIEHS
AND LAB STAFF WORKED TOGETHER TO
DEVELOP A LIST OF CHEMICALS THAT
DID NOT NEED AN APPLICATION TO
BE DRAIN DISPOSED.
SO, OUR SCIENTIFIC LEADERSHIP
PROMOTED THIS CONCEPT, AND
SHARED IT WITH THE OTHER NIH
SCIENTIFIC DIRECTORS WHO WERE
RECEPTIVE TO THE CONCEPT.
NEXT SLIDE.
SO, HERE ARE THE GOALS OF DRAIN
DISPOSAL.
THESE ARE GOALS.
THEY ARE ALSO BENEFITS.
NUMBER ONE IS ADMINISTRATIVE
GOAL.
WHAT WE WANTED TO DO, ESPECIALLY
WHAT THE RESEARCHERS WANTED TO
DO, IS REDUCE STAFF TIME SPENT
SUBMITTING APPLICATIONS FOR
COMMONLY USED NON-REG
NON-HAZARDOUS CHEMICAL
SOLUTIONS.
INSTEAD OF DOING ONE AT A TIME,
WHICH COULD BE -- ENDED UP BEING
HUNDREDS, THEY COULD DO A WHOLE
BLOCK OF CHEMICALS AT ONCE, AND
THEN THAT WOULD BE THE STANDING
LIST.
THERE WAS ALSO AN AWARENESS
GOAL.
SO WE AS COMPLIANCE PERSONNEL
WANTED TO IMPROVE THE
UNDERSTANDING OF WHAT LAB
CHEMICALS CAN AND CANNOT BE
DISCHARGED TO THE SANITARY
SEWER, BECAUSE WHEN YOU'RE
MAKING A LIST OF WHAT CAN BE
DISCHARGED, YOU HAVE AN
OPPORTUNITY TO REINFORCE WHAT
CANNOT BE DISCHARGED TO THE
SANITARY SEWER.
AND THE COMPLIANCE GOAL WAS TO
ASSURE THAT THE CHEMICALS
APPROVED FOR DRAIN DISPOSAL BOTH
VIA THE DRAIN DISCHARGE GUIDE AS
WELL AS APPLICATION PROCESS WERE
SAFE, MEANING THEY WEREN'T GOING
TO POTENTIALLY BE WRECKED WITH
ANYTHING ELSE IN THE DRAINAGE
SYSTEM CENTER OR SEWAGE SYSTEM,
WERE NON-HAZARDOUS,
NON-REGULATED, I'M REFER TO
RCRA AND DID NOT INTERFERE WITH
OPERATIONS.
WE HAVE WASTE REDUCTION NOT
NECESSARILY GOAL BUT BENEFIT, WE
HAVE REDUCED VOLUME OF
NON-HAZARDOUS CHEMICALS
SUBMITTED FOR OFF SITE DISPOSAL.
TWO SLIDES AGO I MENTIONED OUR
SCIENTIFIC DIRECTORS WERE
INTERESTED IN US ASSEMBLING THE
LIST OF CHEMICALS, STAND-ALONE
LIST OF CHEMICALS APPROVED FOR
DRAIN DISPOSAL.
WE BEGAN THE PROCESS BY MEETING,
AND THIS IS THE ENVIRONMENTAL
COMPLIANCE STAFF AT NIEHS,
MEETING WITH OUR COUNTERPART
RESEARCHERS TO TALK ABOUT WASTE
MANAGEMENT AND WASTEWATER
DISCHARGE PERMIT COMPLIANCE.
INITIALLY THE ENVIRONMENTAL
STAFF WERE CONCERNED ABOUT THE
PROSPECT OF DISCHARGING ANYTHING
TO THE DRAIN.
WE WERE CONCERNED THIS WOULD BE
A COMPLIANCE CHALLENGE AND IT
COULD PUT US AT RISK FOR
VIOLATIONS AND OTHER
ENVIRONMENTAL COMPLIANCE
ACTIONS.
HOWEVER, WE DECIDED TO GO
FORWARD AND SEE WHAT TYPES OF
CHEMICALS WOULD END UP ON THE
LIST.
OUR RESEARCHERS AT NIEHS USED A
GRASSROOTS APPROACH TO COMPILE
THE LIST OF CHEMICALS BY
CONTACTING OTHER RESEARCHERS IN
OUR LOCAL RESEARCH CAMPUS
COMMUNITY, AND ASKING FOR
CANDIDATES, ASKING RESEARCHERS
WHAT DO YOU THINK SHOULD BE ON
THIS LIST.
SO, THE INITIAL LIST WAS
ASSEMBLED AND IT WAS AROUND
MAYBE 180 CHEMICALS, AND THE
NIEHS COMPLIANCE STAFF REVIEWED
THAT LIST AND CAME UP WITH ABOUT
120 THAT SEEMED PRETTY GOOD.
AND WE APPROVED THOSE.
AND THEN WE FORWARDED THE LIST
TO DEP AT THE NIH CAMPUS IN
BETHESDA FOR FARTHER EVALUATION.
NEXT SLIDE.
SO, THE LIST AT THAT TIME WAS
JUST A LIST OF CHEMICALS.
THAT WAS IT.
SO WE DECIDED THAT A GUIDANCE
DOCUMENT NEEDED TO BE BUILT
AROUND THAT LIST TO PROVIDE SOME
DEFINITION, AS WELL AS SOME
ADDITIONAL GUIDANCE ON WHAT CAN
AND CANNOT BE PUT DOWN THE
DRAIN, THERE WERE SEVERAL DRAFTS
PRODUCED, AND THE FINAL DRAFT
ENDED UP WITH THE LIST OF ALMOST
300 CHEMICALS THAT WERE NOW
PROPOSED FOR THE LIST, WHICH ARE
CHEMICALS PRE-APPROVED FOR DRAIN
DISPOSAL.
WE ALSO IN THE GUIDANCE DOCUMENT
DECIDED TO PROVIDE A LITTLE
REFRESHER ON WHAT TO DO WITH
ANTIBIOTICS, PHARMACEUTICALS,
AND BIOHAZARDOUS LIQUIDS, ALL
COVERED IN THE GUIDE, WHAT CAN'T
GO DOWN THE DRAIN AND WHAT
CANNOT, IN ORDER TO BROADEN THE
DOCUMENT.
SO ONCE THE FINAL DRAFT WAS
COMPLETED, THE SCIENTIFIC
DIRECTORS MET TO DISCUSS THIS
FINAL DRAFT.
AND APPROVED THE GUIDE.
NEXT SLIDE.
SO, ONCE THE GUIDE WAS APPROVED
BY THE SCIENTIFIC DIRECTORS, WE
MOVED FORWARD WITH
IMPLEMENTATION AND THIS INVOLVED
FINALIZING THE DISCHARGE GUIDE,
RELEASING THE FINAL VERSION TO
THE FIVE LOCATIONS, NIH
LOCATIONS, MOST OF NIH IS IN
BETHESDA.
THEN WE HAVE FOUR OTHER
LOCATIONS THAT ARE OFFSITE,
CONSIDERED SATELLITES
FACILITIES.
AND THESE FACILITIES REQUESTED
APPROVAL FROM THE LOCAL POTW, IN
OUR CASE THAT WAS DURHAM COUNTY,
SINCE THEY RUN THE WASTEWATER
TREATMENT PLAN THAT RECEIVES
WHAT COMES DOWN THE PIPE FROM
RESEARCH TRIANGLE PARK.
DURHAM COUNTY DID APPROVE THE
LIST, AND THE DRAIN DISCHARGE
GUIDE.
AT THAT POINT THE GUIDE WAS
LINKED TO FACILITY WASTE MANUALS
AND BECAME PART OF THE CHEMICAL
WASTE DISPOSAL PROCESS.
SO, WHAT YOU HAVE NOW IS WE
STILL HAVE OUR WASTE MANUALS AND
OUR WASTE DISPOSAL PROCESS,
WHICH INVOLVES SUBMITTING A
REQUEST FOR PICKUP, AND THEN OUR
WASTE MANAGEMENT TEAM PICKS UP
THE WASTE, IF YOU HAVE SOMETHING
THAT YOU'RE NOT SURE IF IT'S
DOWN THE DRAIN OR SOMETHING
SUBMITTED FOR PICKUP YOU WITH
FIRST CHECK THE GUIDE.
IF IT IS A CHEMICAL THAT'S
LISTED IN THE GUIDE THEN IT CAN
GO DOWN THE DRAIN.
IF IT'S NOT IN THE GUIDE IT HAS
TO BE SUBMITTED, OR YOU COULD
SUBMIT AN APPLICATION FOR IT TO
BE DRAIN DISCHARGE, WHICH IS
WHAT TY IS GOING TO TALK ABOUT
IN THE SECOND HALF OF THE
PRESENTATION.
NEXT SLIDE.
SO HERE'S AN ACTUAL EXCERPT FROM
THE DRAIN DISCHARGE GUIDE, AND
IT IS ALPHABETICAL.
AND THERE ARE ACTUALLY LINKS TO
THE SDS DOCUMENTS FOR EACH OF
THESE CHEMICALS.
AGAIN, THERE'S AROUND 285 OR SO,
AND THIS PARTICULAR EXCERPT
COVERS PARTS OF Bs AND Is.
AS YOU CAN SEE, MOST OF THE LIST
AND THIS IS REPRESENTATIVE, MOST
OF THE LIST IS MADE UP OF SALTS,
GLUCOSE, MEDIUM, AS WELL AS
OTHER CHEMICALS COMMONLY FOUND
IN THE RESEARCH ENVIRONMENT.
SOME OF THESE CHEMICALS DO HAVE
A LIMIT.
FOR INSTANCE, YOU SEE BLEACH HAS
TO BE 10% OR LESS.
CLOROX BLEACH.
THAT'S PRETTY COMMON IN THE
RESEARCH FACILITY.
SOMETHING LIKE FULL STRENGTH
BLEACH WOULD NOT BE APPROVED
BECAUSE OF ITS CORROSIVE NATURE.
OKAY.
NEXT SLIDE.
AT THIS POINT I'D LIKE TO TURN
IT OVER TO TY AND HE'S GOING TO
PICK UP THE PRESENTATION AND
TALK ABOUT THE DRAIN DISCHARGE
APPLICATION SITE.
>> I'M TY ADKINS, NOW DISCUSSING
OR DOING MY BEST TO EXPLAIN THE
APPROVAL PROCESS THAT GOES INTO
AUTHORIZING DRAIN DISCHARGE.
CHEMICAL WASTE.
THE STRUCTURED APPROVAL PROCESS
IS AN APPLICATION SYSTEM THAT
GRANTS THE APPROVAL FOR AN
APPLICANT OR APPLICANTS IN A
LAB, TO DISCHARGE A SPECIFIC
CHEMICAL WASTE STREAM INTO THE
DRAIN.
THIS DRAIN DISCHARGE APPLICATION
SITE HELPS ALL AT THE NIH TO
CREATE AND MANAGE ALL OF THESE
APPLICATIONS, INCLUDING MULTIPLE
LOCATIONS.
HERE IS THE HOME PAGE TO THE
SITE.
THE FORMAL NAME IS APPLICATION
TO DISPOSE OF SPECIFIC CHEMICAL
REAGENTS TO SANITARY SEWER.
WE DON'T HAVE AN ACRONYM.
THE HOME PAGE PROVIDES LINKS TO
THE NIH MANUAL ISSUANCE 3032,
THIS IS THE POLICY FOR THE NIH
ENVIRONMENTAL MANAGEMENT AND
WASTE MINIMIZATION.
ALSO THERE'S A LINK TO THE NIH
DRAIN DISCHARGE GUIDANCE ITSELF.
YOU'LL SEE NOTATION PROVIDING
INFORMATION ON WHAT TO EXPECT
MOVING FORWARD WITH AND APPROVED
APPLICATION, AND UNDERSTANDING
THAT AQUEOUS WASTE REQUIRES Ph
RANGE OF 6 TO 10.
NOW THAT WE'RE ON THE SITE AND
READY TO MOVE FORWARD,
APPLICANTS OR DEP STAFF HAVE
FOUR OPTIONS WHEN IT COMES TO
CREATING OR ACCESSING THE
APPLICATIONS.
THERE'S THE OPPORTUNITY TO MAKE
AN APPLICATION, THE OPTION TO
CHECK THE STATUS OF A SUBMITTED
APPLICATION, OR COMPLETE AN
APPLICATION SAVED AS A DRAFT,
COMMONLY SOMEONE STARTS AN
APPLICATION AND LEAVES IT FOR A
FEW MONTHS AND GETS TO IT LATER.
THE THIRD OPTION IS TO VIEW
APPROVED APPLICATIONS.
LASTLY, THE OPTION TO VIEW NOT
APPROVED APPLICATIONS.
THE LAST TWO OPTIONS THAT I JUST
MENTIONED ARE GREAT SOURCES FOR
REFERENCES TO DETERMINE WHETHER
OR NOT YOU WANT TO PUT AN
APPLICATION IN THE FIRST PLACE.
THIS SLIDE IS AN EXAMPLE OF AN
APPROVED APPLICATION.
WE BLOCK OUT CONTACT INFORMATION
OF COURSE.
WHETHER YOU'RE CREATING, EDITING
OR REVIEWING THE WEBSITE LAYOUT
WILL REMAIN THE SAME.
THERE ARE TEN TABS.
I WILL NOT GO THROUGH ALL OF
THEM, ONLY A SLIGHT INSIGHT ON
HOW THE APPLICATIONS ARE
COMPLETED.
WITH ALL SECTIONS, INFORMATION
TO IDENTIFY THE APPLICATION AT
THE APPLICANT AND THE
APPLICATION STATUS WILL ALWAYS
SHOW ABOVE THE TABS.
THIS SLIDE, THE APPLICANT TAB,
CONTAINS CONTACT INFORMATION FOR
THE P.I. OR LAB MANAGER, AND THE
SAFETY SPECIALIST FOR THE
APPLICANT'S LAB.
HERE WE'RE LOOKING AT THE
PROCESS TAB HERE, THE PROCESS
TAB.
THIS SECTION LAYS OUT THE
DESCRIPTION AND JUSTIFICATION OF
THE APPLICATION, INCLUDING
NECESSARY FIELDS LIKE VOLUME AND
PH, ANY EQUIPMENT, ANALYZERS
OTHER INSTRUMENTS USED IN THE
PROCESS ARE TO BE ENTERED INTO
THIS TAB AS WELL, INCLUDING
MANUALS, BROCHURES, CERTIFIED
TEST RESULTS FOR THESE ANALYZERS
OR INSTRUMENTS, WOULD BE
ATTACHED TO THIS SECTION AS
WELL.
HERE WE'RE COMING TO THE
CHEMICAL CONSTITUENT TAB, THIS
TAB OR SECTION AIMS TO DELIVER A
LIST OF CHEMICALS IN THE TOTAL
WASTE, SO THEY CAN BE EVALUATED
FOR APPROVAL TO DISCHARGE.
THIS TAB IS CRITICAL SECTION,
AND REQUIRES GREAT ATTENTION,
DEFINES WASTE PROFILE OF EVERY
APPLICATION BUT ALSO GENERATES
QUALITY DATA FOR OUR USES AND
WHAT DOES THAT EVEN MEAN,
QUALITY DATA.
WE'RE TALKING ABOUT GENERATING
REPORTS FOR CHEMICALS, APPROVED
OR NOT APPROVED BY DEP, TO GO
DOWN THE DRAIN, AWARENESS THAT
OVER 95% OF SUPPORTED DISCHARGE
GOING DOWN THE DRAIN IS ACTUALLY
WATER, WASTE WATER.
WE'RE NOT APPROVING OILS OR PEG
OR ORGANIC SOLVENTS, DYES.
WE HAVE THE TRACK RECORD OF
EVERYTHING WE APPROVE TO GO DOWN
THE DRAIN FOR COMPLIANCE IN OUR
OWN RESEARCH, AND CREATING
SUCCESSFUL TRACKING PLANS FOR
THIS PROGRAM.
WE'RE EXTREMELY EXCITED ABOUT
THAT.
THE ATTACHMENT TAB STOCKPILES
ATTACHMENTS THROUGHOUT
COMPLETING AND REVIEWING AN
APPLICATION.
EVEN THOUGH MOST ATTACHMENTS ARE
ADDED IN THE PROCESS, CHEMICAL
CONSTITUENTS TAB, THIS TAB IS A
REALLY GREAT JOB OF CENTRALIZING
ALL THE ATTACHMENTS, SO IF
YOU'RE AN APPLICANT AND FORGET
TO MENTION SOMETHING IN YOUR
APPLICATION, OR ADDITIONAL
INFORMATION IS NEEDED, EITHER
APPLICANT OR REVIEWERS FROM DEP
CAN ADD ATTACHMENTS OFF THIS
TAB.
LASTLY, ANY ATTACHMENTS CAN FALL
UNDER OR IS EQUIPMENT MANUALS,
BROCHURES, SAFETY DATA SHEETS,
REPORTS, RESEARCH DOCUMENTS, A
LONG LIST, E-MAILS, ALL THESE
ARE INCLUDED AS AN ATTACHMENT TO
THIS SITE.
I'M GOING TO TALK ABOUT
APPLICATIONS, REVIEWED CASE BY
CASE.
HERE WE USE FLOW CYTOMETRY AS AN
EXAMPLE OF A LAB PROCESS.
AND JUST EXPLAINING THE FLOW OF
AN APPLICATION TOWARD APPROVED
OR NOT APPROVED FOR DISCHARGE TO
THE DRAIN.
WE'RE TALKING ABOUT
PRESERVATIVE-FREE Ph 6 TO 10,
BLEACHES USED TO DISINFECT
EQUIPMENT, THIS WILL RECEIVE A
THUMBS UP ON OUR END, NOW WE SEE
THE PRESENCE OF A PRESERVATIVE
SO SOMETHING LIKE SODIUM AZIDE,
OR EXCEEDING Ph RANGE OR USE
OF -- USING A FLAMMABLE
MATERIAL, THAT WOULD RECEIVE A
THUMBS DOWN ON OUR END.
OUR DECISION TO DENY
AUTHORIZATION TO DISCHARGE ONLY
TAKES ONE ISSUE, SO WE'RE
REVIEWING APPLICATION AND MAY
SAY, OKAY, LOOKS GOOD, LOOKS
GOOD, LOOKS GOOD, AND UH-OH.
WELL, IF THERE'S AN UH-OH THAT
MEANS EITHER THAT REAGENT
CAUSING THE UH-OH NEEDS TO BE
REMOVED OR REPLACED, OR
APPLICATION LEANS TOWARD BEING
DISAPPROVED.
IF WE SEE AN UH-OH, WE'LL SEE
HOW MANY WE CAN FIND BUT ALL IT
TAKES IS ONE ISSUE FOR
APPLICATION TO BE DISAPPROVED.
AND HERE WE'RE TALKING ABOUT
JUST EVALUATION, HOW OR WHAT ARE
THE SOURCES USED TO EVALUATE FOR
DISPOSAL, USING A WIDE NET OF
SOURCES, NOT JUST LIMITED TO
WHAT YOU SEE HERE, WHETHER IT'S
SDS, WASTE DOCUMENTATION,
UNIVERSITIES, STATE OR LOCAL
GOVERNMENTS, PRIVATE SECTOR
MANAGEMENT POLICIES, THEY ARE
ALL GREAT SOURCES FOR EVALUATING
APPLICATIONS.
IT IS VITAL TO MAKE IT KNOWN
THAT RCRA COMPLIANCE AND POTWs
WILL SUPERSEDE ANYTHING THAT A
SAFETY DATA SHEET OR
MANUFACTURER MAY HAVE
RECOMMENDATIONS ON HOW TO
DISPOSE OF WASTE.
SIGNIFICANT POINTS, THESE ARE
SIGNIFICANT POINTS TO THE
APPLICATION PROCESS.
AND JUST TOTALITY OF THE NIH
DISPOSAL GUIDANCE, UNCERTAINTY
WILL ONLY CREATE PROBLEMS TODAY
AND IN THE FUTURE.
IF YOU'RE UNSURE WHAT'S IN YOUR
WASTE IT'S BEST TO CALL THE
WASTE MANAGEMENT SERVICES TO
HANDLE THAT.
SECOND, STRAIGHTFORWARD, ALL
DISCHARGE WASTE, AQUEOUS WASTE
PH BETWEEN 6 AND 10, THIRD
AUTOCLAVE, ALL LISTED
ANTIBIOTICS APPROVED FOR
DISCHARGE.
BLEACH IS NOT A REPLACEMENT OR
AL ALTERNATIVE TO AUTOCLAVING
FOR RELEASE TO DRAIN.
ALL APPROVED CHEMICALS, WHETHER
APPROVED WITHOUT APPLICATION OR
CHEMICAL WITH APPROVED
APPLICATION, ARE TO BE USED IN
THE PROCESS BEFORE DISCHARGE.
SO THE APPROVED UNUSED OR
SURPLUS OF CHEMICALS THAT ARE IN
THE SHELF OR CABINET THAT YOU
NEED TO GET RID OF, THEY NEED TO
BE HANDLED AND DISPOSED OF BY
WASTE MANAGEMENT SERVICES.
THIS HERE IS A POWER BI REPORT,
THIS IS DATA FROM THE
APPLICATION SITE, AND WITH USE
OF POWER BI WE'LL BE AIBLE TO
PROVIDE VISUALS, JUST ON LIKE
THE TOTAL NUMBER OF APPLICATIONS
APPROVED AND NOT APPROVED, WE
CAN SEPARATE OFFSITE FACILITIES,
MAIN I LITIES, MAIN CAMPUS, CAN
FILTER INSTITUTES.
DEP ISSUED ADHESIVE POSTERS AND
DECALS FOR AWARENESS OF DRAIN
GUIDE ENVIRONMENTAL COMPLIANCE,
THEY HAVE A QR CODE TO THE DRAIN
GUIDE AND LINK ADDRESS ITSELF.
ALL CURRENTLY AVAILABLE AND
DISTRIBUTED TO LABS BY REQUEST.
CALL, E-MAIL, REQUEST TO PROVIDE
A POSTER OR SINK DECAL FOR YOUR
LAB.
AND THIS WILL CONCLUDE OUR
PRESENTATION ON DEVELOPING DRAIN
DISPOSAL GUIDANCE.
>> THERE ARE A FEW QUESTIONS FOR
YOU GUYS.
THE FIRST IS A TWO-PART
QUESTION.
HOW DIFFICULT WAS IT TO GET THE
LAB WORKERS ON BOARD WITH THIS
PROGRAM, AND ALSO HOW IMPORTANT
WAS IT TO GET SCIENTIFIC
LEADERSHIP ON BOARD WITH THIS
CONCEPT?
SO, YOU KNOW, WAS IT HARD TO GET
THE LAB WORKERS, YOU KNOW, DOING
THIS CORRECTLY AND ALSO DID YOU
HAVE TO GET SCIENTIFIC
LEADERSHIP ON BOARD WITH THIS
CONCEPT AS WELL?
>> WELL, I COULD SPEAK TO IT
FROM THE DISCHARGE GUIDE.
WE HAD SCIENTIFIC LEADERSHIP ON
BOARD RIGHT AWAY, BECAUSE THAT'S
THE ROUTE THE RESEARCHERS WANTED
TO TAKE.
AS A MATTER OF FACT, OUR DEPUTY
SCIENTIFIC DIRECTOR AT NIEHS WAS
A MEMBER OF THE WORKING GROUP
THAT DEVELOPED THE INITIAL LIST
OF CHEMICALS FOR DRAIN DISPOSAL.
>> YES, I WOULD AGREE.
ALWAYS A COLLABORATION BETWEEN A
RESEARCH COMMUNITY AND
COMPLIANCE STAFF.
THE APPLICATION, THE GUIDES,
EVERYTHING WE PASS THROUGH WE
GENERALLY RUN IT THROUGH
CONSORTIUM OF DIFFERENT RESEARCH
LAB MANAGERS AND THE LIKE TO
TEST POLICIES OUT AND IN THIS
CASE TO SEE HOW VIABLE IT IS
GOING FORWARD FOR THE
RESEARCHERS.
>> THANK YOU.
HERE'S ANOTHER ONE.
THE GUIDE ITSELF, HAS IT BEEN
SHARED WITH OTHER FEDERAL RTP
FACILITIES, YOU KNOW, SUCH AS
EPA LAB NEAR NIEHS?
THE GUIDE, HAS IT GONE TO OTHER
LABS SO MAYBE THEY COULD TRY IT
AS WELL?
>> AS FAR AS I KNOW, IT HAS NOT
GONE OUT TO OTHER LABS.
IT'S MAINLY AN NIH DOCUMENT.
ONE THING TO REALIZE IS EVERY
FACILITY HAS THEIR OWN WASTE
WATER DISCHARGE PERMIT, AND
MAYBE THEIR OWN RCRA PERMIT FOR
WASTE HANDLING FACILITY, IF THEY
HAVE ONE.
SO, EVEN IF WE DID SHARE IT,
THEY WOULD JUST BE ABLE TO SEE
THE STRUCTURE OF IT AND WHAT WE
DID.
THEY WOULD HAVE TO HAVE THEIR
OWN APPROVAL PROCESS AND THEY
MAY HAVE DIFFERENT CHEMICALS.
>> THANK YOU.
ONE LAST QUESTION.
WAS THERE ANY CONCERN ON YOUR
PART ABOUT PRESERVATIVES SUCH AS
MIRASOL BEING IN APPROVED
CHEMICALS AND RESEARCHERS NOT
EVEN BEING AWARE?
ANY CONCERN ABOUT PRESERVATIVES?
>> YOU KNOW, THAT WAS A CONCERN,
SOMETHING WE WORKED VERY CLOSELY
WITH OUR LABS, FLESHED THAT OUT,
MAKE SURE THEY UNDERSTOOD
EXACTLY WHAT THEY WERE
SUBMITTING.
THE LIST GENERALLY REFERS TO
UNUSED REAGENTS.
AND THE PROBLEM BECOMES WHEN A
WASTE HAS BEEN USED.
FOR EXAMPLE, SOMETHING THAT WE
HAD TO SHARE WITH THE LAB TO
HELP THEM UNDERSTAND IS THAT
LET'S SAY A LABORATORY IS USING
A BUFFER MATERIAL IN AN
EXPERIMENT.
AND THE BUFFER ITSELF WOULD
MAYBE BE PROPER FOR DRAIN
DISPOSAL BUT IF IT COMES IN
CONTACT WITH ACRYLAMIDE GEL, NOW
NOT SUITABLE.
A LARGE PART OF THE
COMMUNICATION WAS HAVING THE
LABS UNDERSTAND THAT PROCESS.
WHAT OUR OVERALL OUTCOMES, THE
GOALS OF THOSE WERE.
>> THANK YOU.
THAT WRAPS UP THIS SESSION.
THE ONE OTHER QUESTION YOU MIGHT
WANT TO JUST ANSWER FOR A SECOND
TIME IS A QUESTION CAME IN ABOUT
SUPPOSE SOMEBODY WANTS TO OBTAIN
THE SLIDES IN ALL THESE
PRESENTATIONS, JESS, WHY DON'T
YOU SAY HOW IT IS PEOPLE CAN
OBTAIN THE SLIDES IF THEY WANT
TO, SAY, LOOK AT THIS ONE OR ANY
OTHER?
THAT'S IT FROM THE QUESTIONS.
>> YES, THE SLIDES AS WELL AS A
PROGRAM BOOK WITH ALL OF THE
BIOS AND ABSTRACTS FOR
PRESENTATIONS CAN BE FOUND ON
FEDCENTER, IF YOU DON'T HAVE AN
ACCOUNT IT'S A GREAT TOOL FOR --
IT'S HOW EPA -- ONE OF THE WAYS
EPA PARTNERS WITH FEDERAL
AGENCIES.
YOU CAN FIND ALL THIS ON
FEDCENTER.
AND ON THAT I WILL MOVE TO OUR
NEXT PRESENTER, WHO WILL PRESENT
ON UNDERGROUND STORAGE TANK
REQUIREMENTS.
ELLEN WORKED WITH THE
DEPARTMENT'S OIL CONTROL PROGRAM
IN APRIL OF 2015, AND CURRENTLY
INSPECTS UNDERGROUND STORAGE
TANK FACILITIES AND REGULATORY
COMPLIANCE IN RESPONSE TO OIL
SPILLS.
ELLEN, DO YOU WANT TO TAKE OVER?
>> HI.
I NEED TO LOAD MY PRESENTATION,
RIGHT?
ARE YOU GUYS SEEING IT?
>> NOT YET.
>> I MAY NOT HAVE DONE THAT
RIGHT.
>> SORRY.
>> NOT A PROBLEM.
>> I HAVE IT IN THE WINDOW THING
BUT I'M NOT SEEING IT IN THE
WINDOW.
ENTIRE SCREEN WINDOW CHROME TAB.
>> ENTIRE SCREEN TRY.
>> IT'S NOT LETTING ME GO TO MY
COMPUTER.
>> SEND IT TO ME, I CAN SHARE IT
FOR YOU IF THAT WILL BE QUICKER.
>> BIG SIGH, EVERYONE.
>> TECHNICAL DIFFICULTIES.
>> THEY ARE BOUND TO HAPPEN.
>> IT'S LOADING BUT TAKING A
WHILE.
SORRY.
I APOLOGIZE.
>> LUCKILY YOUR PRESENTATION
BACKS UP TO A BREAK.
IF WE RUN OVER A COUPLE MINUTES
WE SHOULD BE FINE.
>> I'M STEPPING IN FOR MY
SUPERVISOR.
HE MAY HAVE BEEN BETTER THAN I
AM AT THIS.
I APOLOGIZE.
>> YEAH, IT'S A LAST-MINUTE
CHANGE.
ARE YOU SENDING IT TO ME?
SHOULD I LOOK FOR IT IN MY
E-MAIL?
>> YES, IT'S ATTACHING, JUST
TAKING A WHILE.
I DON'T KNOW IF IT'S GOING TO
LET ME SEND YOU THIS VERSION
BECAUSE IT NEEDS PERMISSION.
ARE YOU SEEING IT?
>> NO, I AM NOT.
>> I CAN SEND MY PDF VERSION.
>> OKAY.
>> LET ME SEND YOU THAT ONE.
>> JESSICA, CAN YOU PULL IT DOWN
FROM THE FEDCENTER WEBSITE TOO?
>> I CAN DO THAT.
>> I REALLY DON'T UNDERSTAND
WHERE IT WENT TO IN MY
PRESENTATION.
>> IT'S THE JOYS OF DOING THIS
VIRTUALLY.
>> ARE YOU GOING TO GET IT FROM
THERE OR SHOULD I SEND THE PDF?
>> YES, I'VE GOT IT.
>> ELLEN, THIS IS GARTH.
WE'LL DO THE QUESTIONS AND
ANSWERS AT THE END SO YOU KNOW
AHEAD OF TIME.
>> ALL RIGHT.
IF WE RUN OUT OF TIME I HAVE
INFORMATION AT THE END OF MY
PRESENTATION THAT PEOPLE CAN
CONTACT ME THAT WAY, IF THEY
NEED TO.
>> SOUNDS GOOD.
>> OKAY.
I AM PUTTING IT UP NOW TO SHARE.
ARE YOU ABLE TO SEE THAT?
>> HOLD ON.
>> YES, WE CAN SEE IT BUT YOU
NEED TO GET RID OF THE BOX ON
THE RIGHT.
PUT IT IN THE FULL SCREEN.
>> CAN YOU ADVANCE THE SCREEN?
ALL RIGHT.
HELLO, I'M ELLEN MANK WITH THE
COMPLIANCE DIVISION OF THE OIL
CONTROL PROGRAM, HERE TO DISCUSS
UNDERGROUND STORAGE TANK USR
REGULATIONS AND COMMON
VIOLATIONS RECEIVED DURING OUR
FIELD INSPECTIONS.
THE DEPARTMENT'S MISSION
STATEMENT IS TO PROTECT AND
RESTORE THE ENVIRONMENT FOR THE
HEALTH AND WELL-BEING OF ALL
MARYLANDERS.
WE AIM TO PROTECT HEALTH AND
ENVIRONMENT THROUGH OUR
REGULATIONS.
NEXT SLIDE PLEASE.
THE ENVIRONMENTAL REGULATIONS
FOR THE STATE OF MARYLAND ARE
PUBLISHED IN THE CODE OF
MARYLAND REGULATIONS, COMAR.
REGULATIONS SPECIFIC TO OIL
POLLUTION AND TANK MANAGEMENT
CAN BE FOUND IN TITLE 16,
SUBTITLE 10.
THE OBJECTIVE TO ENSURE PROPER
HANDLING THROUGHOUT THE STATE
WHEN BEING TRANSFERRED OR
STORED.
NEXT SLIDE.
CURRENTLY, COMAR 26.10.01 COVERS
POLLUTION AND 26.10..16 COVERS
REGULATIONS.
REGULATIONS ENSURE OWNERS AND
OPERATORS OF REGISTERED STORAGE
TANK FACILITIES IN THE STATE ARE
PREVENTING AND/OR CONTROLLING
RELEASES TO THE ENVIRONMENT.
MARYLAND IS A SPA STATE, STATE
PROGRAM APPROVAL FOR OUR
REGULATIONS INSTEAD OF ADOPTING
FEDERAL REGULATIONS.
UST REGULATIONS WERE MORE
STRINGENT THAN FEDERAL UNTIL THE
FEDERAL WERE REVISED IN 2015.
NEXT SLIDE.
CURRENTLY 26.10 IS BEING REVISED
TO BE AS STRINGENT.
IT WAS REPEALED IN ITS ENTIRETY
TO BE COMPREHENSIVE REPLACEMENT,
NEEDED SOME LIKE TWEAKING AND
CHANGE IN THE FORMATTING SO WE
INSTEAD OF REPLACING CERTAIN
SECTIONS JUST REPEALED THE WHOLE
DOCUMENT AND ARE REPLACING THE
WHOLE DOCUMENT.
IT'S BEING RETITLED FROM OIL
POLLUTION AND TANK MANAGEMENT TO
OIL POLLUTION CONTROL AND TANK
MANAGEMENT, IT'S ON HOLD FOR
MORE THOROUGH REVIEW DUE TO THE
SIZE OF THE REGULATION AND BELOW
IS A LIST OF SOME SIGNIFICANT
CHANGES MADE TO COMAR 26.10 TO
MEET CURRENT UST REGULATIONS.
WE WILL BE REQUIRING RELEASE
DETECTION ON ALL EMERGENCY POWER
GENERATORS, WE ALREADY HAD THIS
FOR SOME INSTALLED OR CAME INTO
PLACE AS OF MARCH 1, 2008.
WE'RE CHANGING SOME TESTING FROM
EVERY FIVE YEARS TO EVERY THREE
YEARS.
WE'RE INCLUDING OVERFILL
PREVENTION EQUIPMENT TEST EVERY
3 YEARS.
WE'RE NO LONGER ALLOWING VENT
RESTRICTORS AS A METHOD OF
OVERFILL PROTECTION.
ANY NEW DISPENSER INSTALLATIONS
WILL REQUIRE UNDERDISPENSER
CONTAINMENT.
WE'RE REQUIRING AUTOMATIC TANK
CLOSURE FOR ANY UST SYSTEM THAT
WAS RELINED AND HAS FAILED SO
WE'RE NOT ALLOWING REPAIRS
ANYMORE TO SYSTEMS.
IMPLEMENTING 30-DAY AND ANNUAL
WALK-THROUGH INFECTIONS, GROUND
WATER AND VAPOR MONITORING BEING
REMOVED AS METHOD OF RELEASE
DETECTION, ADDING REGULATIONS
SPECIFIC TO AIRPORT HYDRANT
SYSTEMS AND FIELD ERECTED UST,
NOT CURRENTLY IN OUR
REGULATIONS.
NEXT SLIDE PLEASE.
THE CURRENTLY COMAR IS LISTED
BELOW SO CHAPTER 2 CONSISTS OF
GENERAL INFORMATION DEFINITIONS
AND INCORPORATED REFERENCES SUCH
AS API, NPFA, ACRONYMS FOR
DIFFERENT INDUSTRY STANDARDS
THAT WE RECOMMEND SO IF OUR
REGULATIONS DON'T SPECIFICALLY
STATE SOMETHING, WE ALSO
INCORPORATE THOSE STANDARDS AS
PART OF OUR REGULATIONS.
CHAPTER 3 COVERS PERFORMANCE
STANDARDS AND REQUIREMENTS FOR
SPILL AND OVERFILL PROTECTION,
PREVENTION, EQUIPMENT, NEW
INSTALLATION, UPGRADES TO
EXISTING SYSTEMS, REGISTRATION
AND INSPECTION OF UST SYSTEMS.
CHAPTER 4 COVERS GENERAL
OPERATING REQUIREMENTS.
CHAPTER 5 DEALS WITH RELEASE
DETECTION REQUIREMENTS AND
THOUGHTS.
CHAPTER 6 EXPLAINS REQUIREMENTS
FOR US TECHNICIAN REMOVE AND
INSPECTION CERTIFICATION.
NEXT SLIDE PLEASE.
CHAPTER 7 DESCRIBES HYDROSTATIC
TEST METHODS, WITH 1,000 GALLONS
OR LESS.
I'VE NEVER SEEN THIS TYPE OF
TEST BEING PERFORMED SO I THINK
IT'S OBSOLETE.
8 AND 9 DETAIL REPORTING AND
HANDLING OF RELEASE, 10 AND 11,
FINANCIAL RESPONSIBILITY, AND WE
INCORPORATE 40 CFR THROUGH 116
BY REFERENCE FOR THIS SECTION,
BASICALLY ARE ADOPTING THE
FEDERAL REGULATIONS WHEN IT
COMES TO FINANCIAL
RESPONSIBILITY FOR YOUR
UNDERGROUND STORAGE TANKS.
CHAPTER 14 ADDRESSES UST SITE
CLEANUP REIMBURSEMENT.
16 CLEANUP, ADJUSTED IN COMAR
26.10 TO BE MORE CLEAR, JUST IN
THE ARRANGEMENT OF HOW THEY ARE
PRESENTED, NOT REALLY DOING AWAY
WITH MUCH BUT TRYING TO MAKE THE
NEW FORMAT MUCH MORE CLEAR AND
EASY TO READ.
AND IF YOU NOTICED, I SKIPPED A
FEW CHAPTERS.
THOSE CHAPTERS ARE NOT DIRECTLY
RELEVANT TO USTs.
NEXT SLIDE.
RIGHT NOW TO ENSURE THAT
FACILITIES ARE IN COMPLIANCE,
THE OWNER OR OPERATOR HIRES A
THIRD PARTY INSPECTOR TO
COMPLETE INSPECTION OF
REGISTERED FACILITY, AND THEY
ARE ON A THREE-YEAR CYCLE.
SO WHEN THEY REGISTER AS NEW
OWNER, THAT PROMPTS A THIRD
PARTY INSPECTION, IF THERE'S
CHANGE IN OWNERSHIP OR CHANGE IN
FACILITY STATUS, THAT DEPENDING
ON HOW IT'S REVIEWED INTERNALLY
THAT WOULD PROMPT ANOTHER THIRD
PARTY INSPECTION OF THE FACILITY
TO DETERMINE THEIR COMPLIANCE.
THIRD PARTY INSPECTOR IS
CERTIFIED IN RECEIVING TRAINING
FROM APPROVED COMPANY, ATTENDS
ORIENTATION, PASSES MD INSPECTOR
TEST.
WE'VE TRAINED OUTSIDE PARTIES TO
PERFORM THESE INSPECTIONS AND
DURING THAT PROCESS THEY
COMPLETE THE INSPECTION USING A
FORM WE HAVE, IT'S A 25-PAGE
FORM, UNDERGROUND STORAGE TANK
COMPLIANCE INSPECTION REPORT.
ONCE COMPLETED, DURING THE
REPORT THEY IDENTIFY WHAT PARTS
OF THE SYSTEMS THEY ARE PASSING
OR FAILING, AND SUBMIT TO US TO
BE REVIEWED INTERNALLY.
WHEN THE OIL CONTROL PROGRAM
REVIEWS THE THIRD PARTY
INFECTION REPORT TO DETERMINE
COMPLIANCE STATUS THEY MAY
DISCOVER ADDITIONAL FACILITY
FAILS THAT BASED ON LIKE
DISAGREEMENT WITH HOW THE THIRD
PARTY INSPECTOR I GUESS OBSERVED
THEIR FINDINGS, OR WE MIGHT
CLEAR SOME THINGS THAT THE THIRD
PARTY INSPECTOR MAY HAVE FAILED
THAT WE EITHER GOT SUBSEQUENT
DOCUMENTATION FROM THE OWNER,
DECLARE IT OR JUST LIKE A
DIFFERENCE OF OPINION ON LIKE IF
THEY MISUNDERSTOOD THE FORM.
THE OCP COMPLIANCE INSPECTORS
FOLLOW UP ON ANY OF THE FACILITY
FAILS, IDENTIFIED, THAT HAVE NOT
BEEN CORRECTED.
SO, WE, ME, FOR EXAMPLE, WOULD
GO INTO THE FIELD AND IF THE
OWNER OPERATOR FAILED TO SUBMIT
VERIFICATION THAT THE
DEFICIENCIES FOUND IN THE THIRD
PARTY WERE CORRECTED, WE WOULD
KIND OF GO AND HOUND THEM FOR
INFORMATION AND MAKE SURE THEY
GET CORRECTIONS SO THEY
BECOME -- THAT THEIR FACILITY IS
IN COMPLIANCE.
AS OF JANUARY 22, OUR PROGRAM
CHIEF COMPOSED A LIST AND HE
DETERMINED THERE WERE 7,176
FEDERALLY REGULATED USTs IN
THE STATE, AND 1973 STATE
REGULATED USTS IN THE STATE.
THIS SLOWS -- SHOWS AT THE
BEGINNING OF JANUARY HOW MANY
FACILITIES HAD OPEN LIKE
FACILITY INSPECTION REPORTS AND
WERE IN THE FAILING STATUS SO
OUT OF 933 FACILITIES THAT IT
FAILS, 479 WERE FAILING FOR
FINANCIAL RESPONSIBILITY, 396
FAILING FOR CONTAINMENT ISSUES,
THE LIST GOES ON.
THE REASON THE FINANCIAL
RESPONSIBILITY APPEARS TO BE
LIKE HAVE JUMPED DRASTICALLY
RIGHT NOW WE'RE PAYING REALLY
CLOSE ATTENTION TO HOW THE
WORDING IS OF THEIR INSURANCE
DOCUMENTS TO MAKE SURE THAT
EVERYTHING MATCHES EXACTLY TO
THE 40 CFR 280.97.
NOW I'M HIGHLIGHT SOME FAILS
DURING INSPECTIONS.
NEXT SLIDE.
FINANCIAL RESPONSIBILITY, FR,
TOPS THE LIST AS FAILURE AT THIS
TIME.
MOST FACILITY OWNERS AND
OPERATORS HAVE THEIR USTs
INSURED BUT INSURE DOCUMENTED DO
NOT SATISFY FR REQUIREMENTS FOR
REGULATIONS.
CERTIFICATES OF INSURANCE AND/OR
FR ENDORSEMENTS DO NOT MATCH
EXACTLY THE WORDING REQUIRED BY
40 CFR 280.97.
ITEM BY ITEM, WORD BY WORD,
WE'LL CHECK INSURANCE DOCUMENT,
FIT DOESN'T MATCH WE SEND IT
BACK AND SAY YOU NEED TO MAKE
CORRECTIONS.
IT'S BEEN DIFFICULT GETTING
UNDERWRITERS OF THESE POLICIES
TO KIND OF MAKE THESE CHANGES
BUT THAT'S WHERE WE'RE HEADED
WITH INSURING THE DOCUMENTS
MATCH UP.
ANOTHER FAIL WOULD BE
INFORMATION PROVIDED ON THE
CERTIFICATE, ENDORSEMENT OR TANK
SCHEDULE DOES NOT AGREE WITH HOW
TANKS WERE REGISTERED WITH THE
DEPARTMENT SO SOMETIMES LIKE
SITE MIGHT HAVE BEEN REGISTERED
SEVERAL YEARS BACK, CALLING THE
FACILITY ONE THING, BUT THEN
SOMEBODY ELSE IS OPERATING IT
AND WANTS TO CALL IT A NEW NAME,
IF THAT DOESN'T MATCH THAT COMES
BACK AS A FAIL.
OR LIKE THE PRODUCTS THEY ARE
STORING IN TANKS, IF THEY DON'T
MATCH ON INSURANCE DOCUMENTS IF
THEY HAVE GASOLINE AND NOT
GASOHOL THAT WOULD BE A FAME.
IF THEY DIDN'T IDENTIFY A COME
PARTMENT TANK AND LISTED ONE
PRODUCT FOR A SPLIT TANK THAT
WOULD FILL.
WE'RE NITPICKING BECAUSE WE ANT
TO ASSURE OWNERS AND OWNERS ARE
NOT DENIED COVERAGE IF THERE'S
RELEASE FROM USTs.
NEXT SLIDE.
SO ANOTHER BIG ISSUE DURING
INSPECTIONS SEEMS TO BE
CONTAINMENT SUMPS.
NEXT SLIDE.
CONTAINMENT SUMPS SHOULD BE
LIQUID TIGHT SO RELEASE IS
CONTAINED IN THE SUMP AND DOES
NOT ESCAPE TO THE ENVIRONMENT
AND PREVENT INTRUSION OF GROUND
WATER OR SURFACE WATER.
AND AS SUCH SHOULD BE MAINTAINED
CLEAN AND DRY, SO YOU DON'T WANT
LIQUID IN YOUR SUMP ALL THE
TIME.
AND THE REASON YOU DON'T WANT
LIQUID IN THE SUMP ALL THE TIME
IF IT'S SITTING THERE IT WILL
PREVENT -- YOU WANT IT CLEAN AND
DRY SO YOU PREVENT CORROSION TO
METALLIC PIPING COMPONENTS OF
THE UST SYSTEM.
AND REALLY THE ONLY WAY TO
DETERMINE IF YOUR SUMP IS
STAYING CLEAN AND DRY IF YOU'RE
ROUTINELY INSPECTING IT OR IF
YOU HAVE LIQUID SENSORS IN YOUR
SUMPS.
NEXT SLIDE.
SO SUMP IS GOOD IF IT CONTAINS A
RELEASE BUT NOT GOOD IF IT'S
HOLDING WATER.
SO IT'S GOOD IF IT'S LIKE
KEEPING PRODUCT IN AND NOT
LETTING IT ESCAPE TO THE
ENVIRONMENT BUT IF IT'S HOLDING
THAT WATER THEN YOU'RE GOING TO
GET CORROSION POTENTIALLY TO
YOUR SYSTEM COMPONENTS.
NEXT SLIDE.
SO GENERALLY DURING LIKE OUR
INSPECTION PROCESS IF YOU -- IF
PRODUCT IS DETECTED DURING
INSPECTION WE REQUIRE THAT AN MD
CERTIFIED TECHNICIAN INVESTIGATE
AND MAKE REPAIRS TO THE PIPING
SYSTEM.
SO ANY WORK DONE IN THE STATE TO
THE UNDERGROUND STORAGE SYSTEM
HAS TO BE DONE BY SOMEBODY
THAT'S BEEN CERTIFIED THROUGH
THE STATE TO WORK ON THOSE
SYSTEMS.
IF WATER IS DETECTED DURING
INSPECTION, WE REQUIRE THAT IT
BE REMOVED AND PROPERLY DISPOSED
OF SO LIKE IN THIS INSTANCE IF
IT'S CLEAN WATER, THEY CAN
DISCHARGE IT, BUT IF
CONTAMINATED CANNOT BE
DISCHARGED TO THE GROUND AND
THEY HAVE TO MAKE ARRANGEMENTS
TO BE DISPOSED OF IN ACCORDANCE
WITH STATE AND LOCAL
REGULATIONS.
WE ALSO REQUIRE THAT M.D.
CERTIFIED MAKE RECOMMENDATIONS
IN ACCORDANCE WITH
SPECIFICATIONS.
A LOT OF THESE SUMP COMPONENTS
ARE -- THEY DON'T ALWAYS MAKE
REPAIRS WITH THE WAY THE
MANUFACTURER WOULD PREPARE A
REPAIR METHOD LEAVING QUESTION
TO COMPATIBILITY, WE PUT IN IT
HAS TO BE DONE IN ACCORDANCE
WITH MANUFACTURER
SPECIFICATIONS.
COMMON SOURCES OF LIQUID
MOVEMENT IN OR OUT OF A SUMP
WOULD BE SOMETHING LIKE THE LIDS
NOT TIGHT FITTING SO THE GASKET
ON TOP IS BAD, OR TIEDOWNS THAT
KEEP THE LIDS SECURE TO THE TOP
OF THE SUMP ARE MISSING.
OR POSSIBLY SUMP PENETRATIONS
ARE NOT SEALED WELL.
ELECTRICAL CONDUITS CAN GET
RUSTY AND BE OPENED, ALLOWING
WATER TO GO BACK AND FORTH
BETWEEN THE CONDUITS.
GASKETS INSIDE THE SUMP START TO
LOSE THEIR SEALING CAPABILITY.
OR BOOTS WHICH USUALLY ARE USED
ON PIPING COMPONENTS TO SEAL THE
PIPES TO THE SUMP BECOME
DAMAGED.
NEXT SLIDE.
SO LIKE I SAID NOT ALL THE
CONTRACTORS WILL MAKE REPAIRS
THAT ARE IN ACCORDANCE WITH
MANUFACTURER SPECIFICATIONS SO
HERE ARE TWO EXAMPLES OF KIND OF
STUFF THAT'S BEEN GOOPED ON TO
KEEP THE SUMP LIQUID TIGHT AND
LIKE I SAID THEY EITHER HAVE TO
BE PERFORMED IN ACCORDANCE WITH
COMAR OR THE MANUFACTURER, WHICH
THEY AREN'T ALWAYS.
NEXT SLIDE.
HERE IS AN EXAMPLE OF BOSTIC
USED TO SEAL UP ALL THE I GUESS
IMPERFECTIONS IN THE SUMP BUT,
AGAIN, MANUFACTURER ALLOWS USE
OF THIS MATERIAL WHEN LIKE
INSTALLING GASKETS DURING THE
INSTALLATION OF THE SUMP BUT DO
NOT APPROVE IT TO MAKE REPAIRS
LIKE SUCH AS THESE.
NEXT SLIDE.
HOW WOULD YOU KNOW IF YOUR SUMP
IS LIQUID TIGHT?
MARYLAND REGULATIONS REQUIRE
CONTAINMENT OF TESTING EVERY
FIVE YEARS, WILL BE CHANGED TO
THROUGH YEARS WITH NEW
REGULATIONS SO RIGHT NOW WE HAVE
A RECOMMENDED PROTOCOL FOR
TESTING SUMPS, CALLED MARYLAND
CONTAINMENT SYSTEM TEST PROTOCOL
FOUND ON OUR WEBSITE, DURATION
HAS TO BE ONE HOUR, HYDROSTATIC
TEST, SPECIFIES WATER ADDED TO
AT LEAST 4 INCHES, CONDUCTED BY
MARYLAND CERTIFIED TECHNICIAN OR
TESTER OR TESTER OR MAINTAIN
CERTIFICATION.
HOWEVER, A SUMP CAN BE TESTED BY
ANOTHER MDE APPROVED METHOD SUCH
AS THOSE IN 1200 OR IF SOMEBODY
HAS A NEW METHOD THAT WE'VE
REVIEWED AND DECIDED SEEMS
FEASIBLE AND WE ARE OKAY WIT
THEY CAN GET WRITTEN APPROVAL TO
USE THAT METHOD.
NEXT SLIDE.
LIKE I WAS SAYING TEST BOOTS ON
IS ANOTHER REASON SUMPS FAIL,
THEY BECOME CRACKED OR THEY ARE
NOT BEING MAINTAINED THE WAY
THEY ARE SUPPOSED TO BE.
THE TEST BOOTS, YOU HAVE TEST
BOOTS, ENTRY BOOTS AND TEST
BOOTS.
TEST BOOTS ARE ON THE DOUBLE
WALL PIPING.
AND THEY ARE THERE TO DETECT
RELEASE FROM THE SECONDARY
PORTION OF THE PIPING INTO THE
SUMP.
SO IF IT'S LIKE A VALVE TEST
BOOT HAS TO BE UNCAPPED, VALVE
REMOVED.
IF IT'S LIKE A BOLT WITH AN
OPENING, THE BOLT NEEDS TO BE
OUT.
OR SOMETIMES THEY CAN EVEN JUST
LOOSEN THE CLAMPS AROUND THAT
BOOT ON THE PIPING SO THE
SECONDARY IS EXPOSED, AND THAT
WAY IF ANYTHING HAS BREACHED THE
PRIMARY INTO THE SECONDARY IT
WILL END UP IN THE SUMP AND YOU
CAN TELL THERE'S BEEN AN ISSUE
WITH THE PIPING.
THE PROBLEM IS THOUGH THAT WHEN
THESE SUMPS GET TESTED, THEY
CLOSE UP THE BOOTS SO THEY CAN
PERFORM THE HYDROSTATIC TEST BUT
FORGET TO TAKE THE CAPS OFF OR
DON'T -- THEY LEAVE THE BOOTS
CLOSED BASICALLY AND FORGET TO
LEAVE THEM OPEN AFTER THEY ARE
DONE TESTING.
NEXT SLIDE.
SO HERE YOU CAN SEE AN EXAMPLE,
JUST BEYOND THE BLUE PORTION OF
THE PIPING TOWARDS THE INTERNAL
PART OF THE SUMP WOULD BE LIKE
WHERE A TEST PORT WOULD BE ON
THIS PIPING.
THIS PICTURE LOOKS LIKE IT'S
CLOSED.
NEXT SLIDE.
ONE WAY LIKE I SAID TO DETECT IF
YOU HAVE LIQUID INSIDE YOUR SUMP
IS TO HAVE A LIQUID SENSOR.
THEY ARE DESIGNED TO ALERT THE
OPERATOR WHEN WATER AND/OR
PRODUCT HAS BEEN DETECTED IN THE
SUMP.
AND FACILITY OPERATOR CONTRACTOR
MUST ENSURE THE LIQUID SENSORS
ARE PROPERLY SECURED TO WITHIN
ONE INCH OF THE SUMP BOTTOM PER
SPECIFICATION TO DO THE JOB
PROPERLY.
IF THEY ARE NOT BEING HELD
UPRIGHT OR ARE TOO HIGH THEY ARE
NOT DOING WHAT THEY ARE SUPPOSED
TO BE DOING.
THE OTHER ISSUE ON THE OTHER
SIDE IS THOSE ARE TIED INTO
AUTOMATIC TANK GAUGES USUALLY
AND IF YOUR SENSOR IS TELLING
YOU HAVE LIQUID AND PEOPLE ARE
IGNORING THE ALARM YOU COULD
POTENTIALLY HAVE SOMETHING LIKE
ONE OF MY FIRST SLIDES WHERE YOU
HAVE A SUMP FULL OF PRODUCT AND
THEN IT'S OVERFLOWING THE SIDES
OF THE SUMP BECAUSE YOU DIDN'T
PAY ATTENTION TO THE ALARM THAT
WAS BEING TRIGGERED.
NEXT SLIDE.
SO HERE'S AN EXAMPLE OF A SENSOR
ON THE LEFT THAT'S PLACED TOO
HIGH AND THEN THE ONE ON THE
RIGHT HAS THE PROPER PLACEMENT.
ON THE LEFT, EVENTUALLY YOU
WOULD DETECT THERE'S WATER IN
YOUR SUMP BUT IT'S PROBABLY
BETTER TO ADDRESS THE ISSUE
SOONER RATHER THAN LATER.
NEXT SLIDE.
SO INVENTORY CONTROL IS ANOTHER
ISSUE.
WE PROVIDE OUR FACILITY
OPERATORS WITH INVENTORY CONTROL
BEING DONE CORRECT.
IT'S AN EPA DOCUMENT.
THIS IS AN EXAMPLE OF WHAT
FACILITY OPERATORS SHOULD BE
DOING.
I'D SAY I'M SEEING MORE
FACILITIES INSTEAD OF DOING
INVENTORY BY HAND THEY HAVE 450
PLUSES THAT CAN DO INVENTORY
RECONCILIATION FOR THEM BUT IT'S
IMPORTANT THEY ARE ACTUALLY
LOOKING AT THE RESULTS OF THAT
INVENTORY RECONCILIATION IF THEY
DON'T WANT TO BE BOTHERED DOING
IT MANUALLY.
>> WE SHOULD WRAP UP SOON SO
THERE'S TIME FOR QUESTIONS.
>> OKAY, I'M SORRY.
>> NO WORRIES.
>> I'M GETTING WAY BEHIND.
INVENTORY HAS TO BE DONE EVERY
DAY.
IF THEY ARE NOT DOING EVERY DAY
METERED FACILITIES HAVE TO DO
STICK READINGS ON THEIR TANKS
BEFORE AND AFTER EACH DELIVERY
AT A MINIMUM.
AT THE END OF THE MONTH IF
YOU'RE DOING INVENTORY CONTROL
YOU'RE SUPPOSED TO LOOK TO SEE
IF THERE'S SEVEN DAYS OF
SHORTAGE THAT TOTAL 80 GALS OR
PERFORMING LEAK WEAK, 1% OF
SALES PLUS 130 GALLONS COMPARED
TO TOTAL VARIANCE, IF GREATER
THAT SUGGESTS THERE MIGHT BE A
LEAK IN YOUR SYSTEM.
NEXT SLIDE.
SPILL BUCKETS ARE ANOTHER ISSUE,
THEY NEED TO BE KEPT CLEAN,
PAINTED AND TESTED ANNUALLY.
NEXT SLIDE.
THE PROBLEM IS THAT SOME ARE
DOUBLE WALL AND THEY ARE NOT
TESTED, SOMETIMES THEY WILL ONLY
TEST THE PRIMARY PORTION AND NOT
THE DOUBLE WALL PORTION OR THEY
WILL DO ONE WITHOUT THE OTHER.
WE REQUIRE BOTH PORTIONS BE
TESTED.
NEXT SLIDE.
ANOTHER ISSUE IS DISPENSERS.
LEAKING DISPENSERS.
YOU SHOULD CHECK DISPENSER HOSES
FOR CUTS, CRACKS, DEGRADATION
AND LOOKING INSIDE FOR COMMON
AREAS WHERE LEAKS MIGHT OCCUR
LIKE PIPE BEUPS UNDER -- PIPING
UNIONS.
HERE IS A PIPING UNION WITH
PRODUCT COLLECTED ON THE, YOU
KNOW, THAT COULD BE FROM
FITTINGS ARE NOT TIGHT ENOUGH OR
SOMETHING FROM ABOVE HAS LEAKED
ON THE UNION.
NEXT SLIDE.
THIS WAS ACTUALLY A VIDEO OF
LEAKS LIKE SOMEBODY WAS DOING
INSPECTION AND EVERYTHING ABOVE
THE DISPENSER WAS LEAKING SO ALL
THE OIL CANISTERS IF THEY BECOME
CLOGGED AND HAVEN'T BEEN CHANGED
THERE'S A LOT OF BACKUP PRESSURE
BUILT UP AND THEY WERE LEAKING.
NEXT SLIDE.
MONITORING PIPES ARE ANOTHER
ISSUE IN THIRD PARTY
INSPECTIONS, LIDS AREN'T ALWAYS
PAINTED CORRECTLY.
YOU DON'T WANT TO PUT PRODUCT ON
USUAL MONITORING PINE, IT'S
MEANT TO MONITOR GROUND WATER SO
YOU DON'T WANT PRODUCT ON GROUND
WATER, NEEDS TO BE KEPT TIGHT,
SEALED TO PREVENT SURFACE RUNOFF
INTRUSION AND YOU NEED TO KNOW
WHERE IT IS SO IF YOU DO HAVE TO
FIGURE OUT IF THERE'S ANY
RELEASES FROM YOUR TANK FIELD
YOU HAVE THE PIPE TO LOOK INTO.
NEXT SLIDE.
>> NEXT GOOD STOPPING POINT.
>> ALL RIGHT.
I'M SORRY.
I APOLOGIZE.
I HAD A FEW MORE THINGS TO COVER
IN HERE.
>> NO WORRIES.
>> ANY QUESTIONS ANYONE?
>> THIS IS GARTH.
WE DID HAVE A COUPLE QUESTIONS.
ONE IS HOW DOES A COMPANY BECOME
CERTIFIED AND HOW OFTEN IS
CERTIFICATION REVIEWED IN
MARYLAND?
>> I'M NOT 100% SURE ON THE
RECERTIFICATION ASPECT BUT THEY
COME IN, SO BASICALLY THEY GO TO
AN OUTSIDE COMPANY AND GET
TRAINING FROM AN OUTSIDE COMPANY
ON HOW TO BECOME MARYLAND
INSPECTOR.
AND THEY COME IN TO OUR OFFICES
AND TAKE A TEST AND THEY HAVE TO
PASS THAT EXAM, I FORGET LIKE
85% OR GREATER ON OUR EXAM TO
GET THEIR CERTIFICATION CARD.
AND THEN THEY DO HAVE TO SUBMIT,
I DON'T KNOW THE FREQUENCY, BUT
THEY HAVE TO SUBMIT BASICALLY
PROOF THEY ARE PERFORMING
INSPECTIONS, WE ALSO MONITOR
BASED ON INSPECTIONS WE SEE
WHETHER THEY ARE DOING AN
ADEQUATE JOB OR IF THEY NEED
RETRAINING.
THEY COME FOR ORIENTATION CLASS
AT CERTAIN FREQUENCIES TO
MAINTAIN THEIR CARDS.
>> OKAY.
THE SECOND ONE WAS ABOUT EPA'S
REGS.
I NOTICE IN FINANCIAL
RESPONSIBILITY IT MATCHES UP BUT
IS THERE ANYWHERE THE MTA REGS
ARE DIFFERENT FROM FEDERAL?
>> UP UNTIL 2015 MORE STRINGENT,
WE WERE KIND OF INCORPORATING
THINGS THE FEDERAL REGS HADN'T
INCORPORATED SO, YES, TO ANSWER
YOUR QUESTION.
I THINK WE GET A LITTLE BIT MORE
DETAIL ORIENTED ABOUT WHAT
PEOPLE CAN AND CANNOT DO WITH
THEIR SYSTEMS.
YOU WOULD HAVE TO I GUESS LOOK
AT THE TWO REGS SIDE BY SIDE TO
SEE THOSE DIFFERENCES BUT MY
EXPERIENCE JUST LOOKING AT THE
FEDERAL REGS THEY ARE NOT QUITE
AS DETAILED AS OUR REGULATIONS
ARE, RELEASE DETECTION OVER FILL
PROTECTION AND SO ON.
>> THANKS.
THANK YOU.
THAT'S IT FROM THE QUESTIONS.
JESS, I'M GOING TO TURN IT BACK
TO YOU.
>> OKAY.
GREAT.
WE'RE NOW ENTERING A BREAK.
WE HAVE TEN MINUTES TO BREAK.
UNLESS, ELLEN, IS THERE ANYTHING
BIG YOU WANT TO SAY FROM THE END
OF YOUR PRESENTATION?
>> LIKE I SAID, I WAS GOING TO
COVER MORE OF OUR, YOU KNOW,
DIFFERENT THINGS THAT TYPICALLY
FAIL.
ONE BIG THING TOO IS CATHOTIC
SYSTEMS, TOWARDS THE END.
THE WHOLE IDEA OF METALLIC
COMPONENTS OF THE SYSTEM, IF --
YOU PASSED IT.
IN THE STATE WE DON'T HAVE
EVERYTHING REQUIRING CONTAINMENT
SUMPS RIGHT NOW SO IF THERE'S
ANY METAL COMPONENTS OF THAT
STORAGE SYSTEM THAT ARE BEING IN
CONSTANT CONTACT WITH SOIL OR
MOISTURE METAL PARTS CAN BECOME
CORRODED AND RUST AND CAUSE
RELEASE, SO THAT'S SOMETHING
WE'RE ALSO ALWAYS TRYING TO KEEP
AN EYE OUT, MAKE SURE PEOPLE
HAVE THINGS PROPERLY PROTECTED.
TO DO THAT THEY NEED TO ISOLATE
METAL COMPONENTS AS A FIRST LINE
OF DEFENSE BUT IF THAT'S NOT
WORKING WE TELL THEM TO DO A
PROTECTION SYSTEM, WE ALLOW
PROTECTION ON FLEXIBLE
CONNECTORS IN OUR STATE BUT THE
GOAL IS TO EVENTUALLY KIND OF
FORCE PEOPLE SO THEY CAN NO
LONGER BE GRANDFATHERED BY OTHER
METHODS INTO HAVING CONTAINMENT
SUMPS AROUND ALL THESE METAL
COMPONENTS.
I'M ON THE EASTERN SHORE AND A
LOT OF MY SITES THAT I GO TO DO
NOT ALWAYS HAVE CONTAINMENT
SUMPS, BUT THE PROBLEM IS A LOT
OF OWNERS ON THE EASTERN SHORE
ARE SMALL BUSINESSES AND THEY
JUST DON'TS HAVE THE MONEY SO WE
DO GIVE OPTIONS BUT HOPE
EVERYBODY WILL END UP WITH MORE
CONTAINMENT SYSTEMS EVENTUALLY
TO HOLD PRODUCT SO IT'S NEVER
RELEASED TO THE ENVIRONMENT.
THAT WILL BE THE END OF MY
SLIDE, CONTACT INFORMATION, IF
YOU ARE LOOKING AT THIS
PRESENTATION ON FEDCENTER, YOU
CAN CALL ANY OF THESE PEOPLE TO
LET US KNOW WHAT YOUR QUESTIONS
ARE.
>> ELLEN, WE'VE GOT ONE LAST
QUESTION, DOES MARYLAND HAVE
THEIR OWN WALK-THROUGH
INSPECTION FORMS OR JUST
REFERENCE THE BEI?
>> I THINK WE'RE WORKING ON ONE.
I'M NOT SURE IF THAT'S GOING TO
BE -- I THINK THAT WILL BE
AVAILABLE ON OUR WEBSITE.
SO MDE HAS A WEB SIDE, WE'RE
PART OF THE LAND ADMINISTRATION,
OLD CONTROL PROGRAM, UNDERGROUND
STORAGE TANK PAGE THAT PAGE HAS
A LOT OF USEFUL INFORMATION AND
YOU CAN FIND LIKE FACTSHEETS AND
KIND OF INFORMATION ABOUT YOUR
SYSTEMS ON OUR WEBSITE AND I
BELIEVE IF THEY -- I KNOW THEY
ARE WORKING ON SOMETHING BUT I'M
GUESSING THAT'S PROBABLY WHETHER
IT'S GOING TO APPEAR WHEN IT'S
FINALLY WRITTEN.
>> THAT'S IT FOR THE QUESTIONS,
JESS.
>> OKAY.
GREAT.
THANK YOU, EVERYONE.
WE'LL TAKE A SHORT BREAK
WELCOME BACK.
NEXT A PANEL PRESENTATION, WITH
ANNIE HOYT, PAUL RUGE, BRUCE
HABER, STEPHANIE BROWN, WHO HAS
WORKED IN THE LEAD BASED PAINT
PROGRAM FOR OVER 18 YEARS, AND
FINALLY AIMEE HESSERT FROM THE
OFFICE OF FEDERAL FACILITY
ENFORCEMENT OFFICE.
I WILL HAND IT OVER TO ANNIE.
ARE YOU CONTROLLING THE
PRESENTATION?
>> YES, THANK YOU, JESSICA.
THANK YOU FOR THE INTRODUCTION.
CAN YOU SEE MY SCREEN?
>> YES.
>> EXCELLENT.
SO AS JESSICA MENTIONED WE'LL
TALK ABOUT LEAD STRATEGIES AND
ENVIRONMENTAL COMPLIANCE AND
WE'RE LUCKY ENOUGH TO HAVE
SEVERAL PEOPLE KNOWLEDGEABLE
TO -- WE'VE WORKED TOGETHER TO
PUT THIS INFORMATION TOGETHER.
WE HAVE FROM EPA REGION 3 I'M
ANNIE HOYT AND PAUL RUGE WILL
PRESENT, FROM HEADQUARTERS WE
HAVE AIMEE HESSERT, ALSO FROM
HUD, BRUCE HABER, ALSO FROM
HEADQUARTERS STEPHANIE BROWN.
SO I APPRECIATE EVERYBODY
WORKING TOGETHER AND WE'VE GOT
LOTS TO DISCUSS.
I'LL START THE PRESENTATION OFF
TALKING ABOUT THE RRP RULE AND
DISCLOSURE RULE.
SO I'M GOING TO GIVE A BRIEF
OVERVIEW OF THE RULES THAT WE
ENFORCE HERE AT EPA.
THE DISCLOSURE RULE, REGULATED
COMMUNITY INCLUDES PROPERTY
MANAGERS, REAL ESTATE AGENTS,
LANDLORDS, ANYONE SELLING PRE-78
HOUSING, BEFORE THE TENANT OR
BUYER IS OBLIGATED THEY NEED TO
RECEIVE THE EPA PAMPHLET,
DISCLOSURE FORM, ANY KNOWLEDGE
OF TESTING OR ANY LEAD-BASED
PAINT INFORMATION FROM THAT
PROPERTY.
SO, THE EPA PAMPHLET IS A BLUE
BOOK THAT CAN BE HANDED OUT TO
THE TENANTS, AND THEN THE
DISCLOSURE RULES REQUIREMENTS,
EPA DOES HAVE A FORM THAT
INCLUDES ELEMENTS OF DISCLOSURE
AND YOU CAN INCORPORATE
INFORMATION INTO YOUR LEASE AS
LONG AS THOSE ARE INCLUDED,
INCLUDING LEAD WARNING
STATEMENT, WHICH NEEDS TO BE
VERBATIM, THE EXACT SAME WARNING
STATEMENT IN EPA REGS, NEEDS TO
BE A SECTION WHERE THE LANDLORD
DISCLOSES ANY KNOWN INFORMATION.
FOR EXAMPLE IF THERE WAS A RISK
ASSESSMENT PERFORMED, LEAD
TESTING ON THE PROPERTY, THAT
INFORMATION WOULD NEED TO BE
MADE AVAILABLE TO THE TENANT,
AND REPORTS WOULD NEED TO BE
AVAILABLE.
THE LEAD PAMPHLET IS AN
INFORMATIONAL BROCHURE THAT
GIVES TENANT OPPORTUNITY TO
LEARN MORE ABOUT LEAD-BASED
PAINT, POTENTIAL DANGERS OF
LEAD-BASED PAINT AND HOW TO MAKE
SURE YOU AND YOUR FAMILY ARE
SAFE IF YOU CHOOSE TO LEASE A
PRE-1978 PROPERTY.
BUYERS HAVE THE OPPORTUNITY FOR
INSPECTION, AND THEN THE RECORDS
NEED TO BE RETAINED FOR THREE
YEARS.
THERE'S A SEPARATE FORM FOR
BUYERS AND TENANTS.
THIS FORM IS FOR BUYERS.
IT ALSO HAS THE OPPORTUNITY FOR
AN INSPECTION BUT IN GENERAL
BOTH FORMS ARE SIMILAR, A LEAD
WARNING STATEMENT, DISCLOSURE
STATEMENT, PRESENCE OR NO
PRESENCE OF LEAD-BASED PAINT OR
REPORTS, IF THERE IS KNOWLEDGE,
ALSO IF AN AGENT IS INVOLVED IN
THE TRANSACTION, AGENT WOULD
INITIAL THAT THEY ARE AWARE OF
OBLIGATIONS AND THEY PROVIDED
THIS INFORMATION AND THEN
SIGNATURES AND DATES AT THE
BOTTOM OF THAT FORM.
THIS IS THE PAMPHLET, THE BLUE
BOOK THAT NEEDS TO BE PROVIDED
TO TENANTS BEFORE THEY MOVE IN.
SO A BRIEF SUMMARY OF THE
DISCLOSURE RULE, AGAIN, ANY LEAD
INFORMATION NEEDS TO BE
DISCLOSED BEFORE THE TENANTS
MOVE IN, THERE SHOULD BE A LEAD
WARNING STATEMENT, KNOWLEDGE
STATEMENT, PAMPHLET PROVIDED AND
SIGNED FOR AND THE COPIES OF ALL
THE INFORMATION NEEDS TO BE KEPT
FOR THREE YEARS.
AND, AGAIN, THIS IS JUST TO MAKE
SURE THAT TENANT OR THAT BUYER
IS AWARE OF THE POTENTIAL
HAZARDS AND THEY KNOW WHAT TO
LOOK FOR, WHAT KIND OF HAZARDS
TO LOOK FOR IF THE LEAD IN THEIR
PARTICULAR UNIT COULD BECOME A
PROBLEM.
SO THE NEXT THING I WANT TO TALK
ABOUT IS ANOTHER ONE OF THE
REGULATIONS DEALING WITH LEAD
AND RESIDENTIAL PROPERTIES.
RENOVATION REPAIR AND PAINTING
RULE, RRP FOR SHORT.
SO, RRP, THE REGULATED COMMUNITY
FOR RRP, ANY INDIVIDUAL OR
ENTITY OR FIRM OR CONTRACTOR
INCLUDING PROPERTY MANAGEMENT
COMPANIES, THEY ARE SUBJECT TO
THE RULE IF THEY PERFORM OR
OFFER TO PERFORM A RENOVATION OR
REPAIR OR REPAINTING FOR
COMPENSATION IN HOUSING AND
CHILD OCCUPIED FACILITIES BUILT
BEFORE 1978.
WHAT THIS MEANS IS THAT IF
THERE'S COMPENSATION INVOLVED,
THAT TRIGGERS RRP.
PRE-1978 HOUSING, THIS IS NOT
APPLYING TO PEOPLE WORKING ON
THEIR OWN HOMES.
FOR EXAMPLE IF YOU'RE SKILLED
ENOUGH TO RENOVATE YOUR OWN
BATHROOM, TO DO YOUR OWN WORK,
AND YOU DISTURBING LEAD-BASED
PAINT OR TAKING OUT WALLS, RRP
DOES NOT APPLY TO HOMEOWNERS
DOING WORK ON THEIR OWN HOMES.
BUT IT DOES APPLY TO PROPERTY
MANAGEMENT COMPANIES OR PEOPLE
WORKING ON RENTAL UNITS THEY MAY
OWN.
SO RRP IN ORDER TO COMPLY WITH
THE RULE, THE RENOVATION FIRM
MUST BE CERTIFIED.
I SAY RENOVATION FIRMS, THAT
COULD BE ELECTRICAL CONTRACTOR,
IT COULD BE PLUMBING CONTRACTOR,
GENERAL CONTRACTOR, ANYONE
WORKING ON THE PROPERTY NEEDS TO
BE CERTIFIED, LIKE A CONTRACTOR
OR SOMEONE SUBJECT TO THE RULE,
AND EACH JOB MUST HAVE A
CERTIFIED RENOVATOR, THAT HAS TO
GO TO A CLASS AND RECEIVE A
CERTIFICATE.
NOT EVERY PERSON ON THE JOB
NEEDS TO BE A CERTIFIED
RENOVATOR BUT EACH JOB MUST HAVE
AT LEAST ONE CERTIFIED RENOVATOR
ASSIGNED TO THAT JOB THAT
DOCUMENTS COMPLIANCE WITH WORK
PRACTICES, THERE WHEN
CONTAINMENT IS SET UP, AT THE
BEGINNING OF A JOB, AT THE END
OF THE JOB TO VERIFY THINGS WERE
CLEANED UP PROPERLY, SO THAT'S
ONE OF THE ROLES OF THE
CERTIFIED RENOVATOR AND MAKE
SURE OTHERS ARE AWARE EVER LEAD
SAFE WORK PRACTICES, HOW TO
FOLLOW THEM WHILE ON THE JOB.
THE HOMEOWNERS, THEY SHOULD BE
RECEIVING A PAMPHLET BEFORE THE
WORK IS DONE.
IT'S DIFFERENT THAN THE
DISCLOSURE RULE.
THIS PAMPHLET, I'LL SHOW A
PICTURE IN A FEW SLIDES,
RENOVATE RIGHT IT'S CALLED.
HOMEOWNERS RECEIVE THIS.
AGAIN, JUST TO EDUCATE THEM ON
POTENTIAL DANGERS OF LEAD-BASED
PAINT SO THEY ARE AWARE AND KNOW
WHAT TO LOOK FOR SO THEY MAKE
SURE THE FIRMS ARE SUPPOSED TO
COVER UP ANY FURNITURE OR TOYS
OR REMOVE THINGS FROM THE ROOMS
BEFORE WORK IS DONE BUT ALSO
GOOD FOR THE HOMEOWNERS TO KNOW
THIS SO THEY CAN LIMIT EXPOSURE
OR THEIR CHILDREN'S EXPOSURE TO
DUST BY REMOVING THINGS AND
UNDERSTANDING THAT LEAD CAN BE
DANGEROUS, LEAD DUST IS
INVISIBLE, IT CAN FLY AROUND
EASILY DURING RENOVATION, YOU
WANT TO MAKE SURE THAT AS A FIRM
YOU'RE PROTECTING YOUR CLIENTS
AND FOLLOWING THE RULES BUT ALSO
AS A HOMEOWNER YOU WANT TO BE
AWARE OF DANGER OF LEAD-BASED
PAINT AND TAKE THE NEXT
PRECAUTIONS.
HOMEOWNERS RECEIVE THIS
PAMPHLET.
FIRMS NEED TO DOCUMENT THEY
PROVIDE TO THE HOMEOWNERS.
ALSO, THE FIRMS NEED TO FOLLOW
LEAD-SAFE WORK PRACTICES, AND
DOCUMENT THAT THEY FOLLOWED
THESE LEAD-SAFE WORK PRACTICES.
THIS IS AN EXAMPLE OF A FIRM
CERTIFICATION, THAT'S ISSUED BY
EPA, PEOPLE CAN APPLY ONLINE TO
BECOME A CERTIFIED FIRM, THERE'S
A FEE AND EPA PROVIDES A
CERTIFICATION.
THERE'S ALSO A SEPARATE
CERTIFICATE AS I MENTIONED
BEFORE FOR CERTIFIED RENOVATORS.
AND THEN THIS IS JUST A SAMPLE
RECORD KEEPING CHECK LIST.
THE FONT IS SMALL.
BUT IT GIVES YOU JUST A GENERAL
OVERVIEW OF THE LEAD-SAFE WORK
PRACTICES CONTRACTOR SHOULD BE
FOLLOWING AND CHECKING OFF, YES,
THIS IS THE NAME OF MY FIRM,
THIS IS WHERE WE'RE DOING THE
RENOVATION, I POSTED WARNING
SIGNS, CHECK CONTAINMENT, I SET
UP THE CONTAINMENT, CHECK I
CLOSED THE WINDOWS AND MADE SURE
PLASTIC SHEETING WAS DOWN, NOT
REUSABLE TARPS, THINGS LIKE
THAT.
THIS IS THE CHECKLIST TO MAKE
SURE THEY ARE FOLLOWING ALL THE
LEAD-SAFE WORK PRACTICES THEY
SHOULD BE FOLLOWING WHILE
WORKING ON THIS PRE-78 HOME.
THERE ARE LIKER RULE, THERE ARE
EXCEPTIONS.
SO WITH RRP THERE ARE A FEW.
THE RENOVATIONS THAT AFFECT ONLY
COMPONENTS THAT HAVE BEEN
DETERMINED TO BE FREE OF
LEAD-BASED PAINT, RULE DOES NOT
APPLY.
IF SOMEONE HAS LEAD TESTING DONE
AND IT'S BEEN DETERMINED THAT
COMPONENTS THAT WILL BE
DISTURBED HAVE NO LEAD, THEN
LEAD-SAFE WORK PRACTICES DON'T
NEED TO BE FOLLOWED AND RRP
WOULDN'T APPLY.
BUT EACH COMPONENT NEEDS TO BE
TESTED.
SO EACH WALL OR EACH WINDOW.
JUST YOU CAN'T JUST TEST ONE
WINDOW IF YOU'RE REPLACING
WINDOWS.
MINOR REPAIR MAINTENANCE
ACTIVITIES, DISTURBING SIX
SQUARE FEET OR LESS PER ROOM ON
INTERIOR OR 20 SQUARE FEET OR
LESS OF EXTERIOR SURFACE THOSE
MINOR REPAIR AND MAINTENANCE
ACTIVITIES THEY ALSO ARE NOT
INCLUDED IN THE RULE.
THAT MIGHT APPLY TO SOMEONE LIKE
AN ELECTRICIAN JUST DISTURBING A
SMALL AMOUNT OF PAINT TO MOVE A
WIRE OR SOMETHING LIKE THAT.
SO THAT'S ONE EXCEPTION AS WELL.
AND THEN ALSO ANY WORK DONE AS I
MENTIONED BEFORE BY INDIVIDUALS
IN HOUSING THAT THEY OWN AND
OCCUPY, SO YOU'RE WORKING ON
YOUR OWN HOUSE, DON'T NEED TO
FOLLOW RRP, ALTHOUGH YOU SHOULD
STILL ALWAYS WORK LEAD SAFE.
SO NOW WITH THAT BRIEF OVERVIEW
OF RRP AND DISCLOSURE RULE ALL
TURP -- I'LL TURN IT OVER TO
PAUL RUGE, EXAMPLES OF THINGS IN
THE FIELD AND WHAT WE FIND AND
WHAT WE'RE LOOKING FOR DURING
OUR INSPECTIONS, SO I'LL TURN IT
OVER TO YOU.
>> THANK YOU, ANNIE.
I'M FIELD INSPECTOR, TRYING TO
GET IN THE FIELD TO VISIT WORK
SITES, TYPICALLY WE WOULD GET
THE INFORMATION FROM SOMEBODY
THAT TURNED IN WHAT IS A TIPPING
COMPLAINT, GIVE ME AN ADDRESS TO
GO TO AND I TRY TO GET THERE IN
TIME TO WATCH THEM WORKING AND
POSSIBLY TAKE PICTURES AND
DOCUMENT WORK PRACTICES THAT
THEY ARE OR ARE NOT DOING.
PRIME EXAMPLE, THIS PICTURE
YOU'RE LOOKING AT.
THEY'VE GOT A NICE TARP DOWN.
IT'S GOING TO CATCH LEAD CHIPS,
THAT'S A GOOD DOWN.
THE RRP RULES SAY YOU SHOULD NOT
USE TARPS BECAUSE WHAT THEY ARE
LOOKING FOR IS PLASTIC, AND THE
REASON IS TO CATCH THE CHIPS AND
THEN YOU CONTAIN THE CHIPS
WITHIN THE PLASTIC, FOLD IT AND
THROW IT AWAY.
THIS CONTRACTOR I'D BE WILLING
TO BET IS NOT GOING TO FOLD UP
AND THROW AWAY HIS TARP.
WE EVEN -- IT'S EVEN AS BAD AS
WE HAD ONE INSTANCE WHERE --
THIS HAPPENED ON AN INSPECTOR'S
HOUSE, THEY REPLACE THE HIS
WINDOWS, PUT THE TARP DOWN LIKE
THIS ON THE OUTSIDE.
HE TOLD THEM HE WAS AN INSPECTOR
AND THEY SHOULD DO IT CORRECTLY.
THEY DID NOT.
THEY PUT THE TARPS DOWN, WHEN
THEY GOT DONE WITH THE JOB THEY
ROLLED THE TARPS UP, SHOOK THEM
IN THE STREET.
AND ALL THE LEAD DUST AND LEAD
CHIPS WOUND UP IN THE STREET
WHICH WOULD WIND UP IN GUTTERS
AFTER A RAIN, GOING INTO THE
DRAINAGE SYSTEM OF THE COMMUNITY
HE LIVED IN.
NEXT SLIDE.
ANNIE, DO YOU HAVE THE SLIDES?
>> SORRY.
>> NO PROBLEM.
>> IT FROZE UP FOR A SECOND.
>> JUST GOING BACK TO THIS, THEY
SHOULD NOT BE -- IF ANYBODY SEES
WORK BEING DONE THEY SHOULD NOT
BE USING A CLOTH TARP OR
WHATEVER.
THIS IS ANOTHER SITE.
THIS ONE IS ONE OF MINE.
THE COMPLAINTANT WAS ACROSS THE
STREET, LIVED ACROSS THE STREET,
HAD A SMALL CHILD.
THIS HOUSE WAS BEING RENOVATED.
AS YOU CAN SEE THE FRONT LAWN IS
QUITE A MESS.
I HAPPENED TO BE THERE, WENT
THAT MORNING, TOOK THE PICTURE.
MET WITH THE CONTRACTOR ON SITE.
AND HE TRIED TO EXPLAIN TO ME
THAT POSSIBLY THE BAGS BROKE
WHEN THEY WERE CARRYING THE
DEBRIS OUT FROM THE 'DEM
ANYTHINGS INSIDE, TAKING DOWN
ALL THE PAINTED WALLS, SHEET
ROCK, WHATEVER.
LOOKS TO ME HE NEVER DID EXPLAIN
TO ME TOTALLY HOW THIS HAPPENED
BUT IT'S JUST A MESS.
AND IF YOU CAN SEE, IF YOU LOOK
CLOSELY UNDERNEATH THE -- ON THE
RIGHT-HAND SIDE YOU SEE THE
PLYWOOD UP ON THE HOUSE, BELOW
IT IS ALSO SOME BRICK AND BLOCK
WITH PAINTED -- THAT IS PAINTED
ALSO.
HE COULD NOT PROVIDE ME WITH ANY
LEAD TEST, COULD NOT SHOW ME IT
WAS LEAD FREE.
THEN WE -- HE WENT TO THROW IT
IN THE DUMPSTER, IN THIS CASE
THIS DUMPSTER HAS NO COVER ON
IT.
THE DUMPSTERS WHEN NOT BEING --
WHEN NOT HAVING DEBRIS PUT IN
IT, THE DUMPSTERS SHOULD BE
COVERED WITH SOME KIND OF COVER
TO KEEP WATER OUT BECAUSE
OBVIOUSLY RAIN GOING IN WOULD
WASH THROUGH THE DEBRIS AND THEN
GO OUT ON THE GROUND ON THE
BOTTOM AND, AGAIN, GO INTO THE
SOIL AND SURROUNDING AREA.
A LOT OF THINGS COULD HAPPEN
HERE.
NEXT SLIDE.
THIS ONE, THIS IS KIND OF
TYPICAL.
THIS HOUSE WAS BEING WORKED ON,
BEING RENOVATED, TORN APART FROM
INSIDE.
AND THE LEAD-COATED WOOD FROM
INSIDE AND SHEET ROCK WAS ALL
THROWN OUT OF THE WINDOW, ON THE
BACK YARD.
GO TO THE NEXT SLIDE, ANNIE,
PLEASE.
THIS IS THE SAME ONE ONLY FROM
FARTHER BACK.
YOU CAN SEE DEBRIS WAS THROWN
OUT THE WINDOW.
AND THE DEBRIS SHOULD HAVE HAD
PLASTIC UNDERNEATH IT.
I'D BE LOOKING FOR PLASTIC AND
IF SOMETHING IS NOT THROWN OUT
IT SHOULD BE COVERED OVER
ENTIRELY.
THIS TARP THAT'S ON THERE, THIS
BLUE TARP, IF ANYBODY IS
FAMILIAR WITH THESE TYPE OF
TARPS, IT'S NOT A TARP THAT YOU
ARE GOING TO THROW AWAY.
WHICH IT SHOULD BE.
IT SHOULD ALL BE IN PLASTIC.
THIS TARP IS NOT GOING TO BE
THROWN AWAY.
THEY ARE NOT ALLOWED TO CARRY
THESE TARPS FROM -- SHOULD NOT
CARRY THESE TARPS FROM JOB TO
JOB BECAUSE YOU JUST ARE
DRAGGING LEAD DUST AND LEAD
DEBRIS FROM ONE JOB TO ANOTHER.
NEXT SLIDE.
AND THIS IS JUST -- THE SAME
HOUSE, AS YOU CAN SEE COATED
WITH SHINGLES.
THIS IS SOMETHING IF YOU'RE
RENOVATING A HOUSE AND TAKING
SIDING OFF, UPDATING THE HOUSE,
IT'S SOMETHING YOU WANT TO WATCH
FOR.
THE PAINT UNDERNEATH IS LEAD
PAINT.
IT'S A TYPICAL LOOK THAT YOU'LL
FIND WITH LEAD PAINT,
ALLIGATORING.
YOU CAN SEE IT LOOKS LIKE AN
ALLIGATOR SKIN.
THIS HOUSE IS DEFINITELY COVERED
WITH LEAD PAINT SO ANYTHING THAT
THEY DO ON THE OUTSIDE NEEDS
PLASTIC DOWN.
IF THEY TAKE THE SIDING OFF THEY
DROP IT ON THE PLASTIC, WRAP IT
IN THE PLASTIC AND DISPOSE OF IT
OR IF THEY ARE GOING TO SCRAPE
IT OFF THE HOUSE SHOULD WET IT
DOWN, SCRAPE IT AGAIN, HAVE
PLASTIC DOWN, COLLECT IT ALL AT
THE END OF THE DAY, PUT IT IN
PLASTIC BAGS AND DEPENDING ON
MUNICIPALITY YOU CAN PUT IT IN A
PLASTIC BAG AND LEAVE IT FOR
GARBAGE OR TAKE TO LANDFILL.
THIS PERSON HAS SEVERAL
PROBLEMS.
THIS IS ANOTHER ONE.
I BELIEVE SEVERAL OF ARE YOU IN
THE SERVICE, IN THIS SYMPOSIUM,
THIS WAS DOWN IN NORFOLK.
YOU CAN SEE A WHITE HOUSE DOWN
THE ALLEYWAY, IN THE BACK A
WHITE HOUSE, THAT WAS THE
COMPLAINANT.
THIS HOUSE WAS POWER WASHED,
KNOCKED ALL THE PAINT OFF, ALL
THE CHIPS FLEW OVER INTO THE
BACK YARD OF THE HOUSE NEXT
DOOR.
IF YOU GO TO POWER WASH A HOUSE
YOU HAVE TO CAPTURE ALL OF THE
WATER BECAUSE THE WATER WILL
HAVE CHIPS AND DUST IN IT.
ALL HAS TO BE CAPTURED, PUT IN
DRUMS, DISPOSED OF AS AS A
TOXIC WASTE.
>> WE MIGHT HAVE LOST PAUL,
JESS.
>> YES.
>> ALL OF A SUDDEN HE STOPPED
MID-SENTENCE.
>> I THINK HE MIGHT HAVE
ACCIDENTALLY MUTED HIMSELF.
PAUL?
>> OH.
OKAY.
YEAH, MAYBE WE BETTER --
>> I DON'T KNOW HOW I DID THAT.
>> NO WORRIES.
>> I'M SITTING HERE TALKING AND
MOVING MY HANDS, I MUST HAVE --
WHATEVER.
WHERE DID I STOP?
CAN SOMEBODY GIVE ME A HINT?
>> THE NEIGHBOR COMPLAINING AND,
YES, THE POWER WASHING.
>> YEAH, POWER WASHED THE HOUSE,
YOU HAVE TO GO BACK TO THAT ONE,
ANNIE, JUST FOR A MINUTE.
THE GENTLEMAN IS SCRAPING THE
WINDOWS, THERE SHOULD BE PLASTIC
AT THE BOTTOM FOR ANY -- ON THE
GROUND FOR CONTAINMENT SO THEY
CAN PICK UP AT THE END OF THE
NIGHT.
WHEN THEY HOUSE WAS POWER
WASHED, THE DRIVEWAY SLOPES
TOWARD THE STREET, THAT RAN INTO
THE STREET AND DOWN THE GUTTERS
TO A DRAIN IN THE ROAD.
AREN'T THE BACK OF THIS HOUSE
WHEN I CAME OUT, WHEN I VISITED
WITH THE COMPLAINANT NEXT DOOR I
HEARD SOME POWER SANDING, AROUND
THE BACK IS ANOTHER GENTLEMAN ON
THE HOUSE WITH A POWER SANDER.
AGAIN, NO PROTECTIVE CLOTHING,
NO MASKS, WHATEVER, JUST
CHIPPING AWAY AND LETTING
EVERYTHING FLY WHEREVER THEY
WANTED TO.
AND THIS IS SOMETHING THESE
PEOPLE WERE NOT EMPLOYEES OF THE
PERSON THAT OWNED THE HOUSE.
THIS IS GOING TO BE A RENTAL
HOUSE.
THESE PEOPLE WERE DAY WORKERS.
I BELIEVE THEY WERE PICKED UP AT
THE LOCAL LOWE'S FOR THE DAY TO
DO WORK.
THIS IS SOMETHING YOU'LL FIND
THAT IS QUITE COMMON, BECOMING
EVEN MORE COMMON.
THEY WILL WORK FOR A DAY.
NOT TRAINED.
ANNIE SHOWED YOU CONTRACTOR
CERTIFICATION, UNFORTUNATELY WE
DID NOT HAVE A COPY OF THE
RENOVATOR CERTIFICATE, BUT WHEN
YOU'RE HAVING SOMEBODY DO A JOB
ON A PRE-78 HOUSE YOU SHOULD ASK
FOR THOSE CERTIFICATES.
ASK FOR THE CERTIFICATE, ASK FOR
THE RENOVATOR CERTIFICATE OF THE
PERSON THAT'S GOING TO BE IN
CHARGE BECAUSE THOSE PEOPLE CAN
TRAIN THESE PEOPLE, THEY CAN
TRAIN HOW TO PUT DOWN THE
PLASTIC.
THEY CAN'T TEST FOR LEAD OR
CERTIFY IT'S CLEAN BUT CAN BE
TRAINED TO DO THE REST.
THESE PEOPLE MAY BE WORKING ON
THE HOUSE FOR A DAY OR TWO AND
THAT'S THE LAST YOU'LL SEE OF
THEM.
UNFORTUNATELY, EVEN FOR THEM
THEY MAY BE YOUNG PEOPLE, MAY
HAVE A FAMILY, TRYING TO MAKE A
LIVING, CERTAINLY UNDERSTAND
THAT.
BUT THEY ARE TAKING THE DOTS AND
DIRT AND CHIPS ON THEIR CLOTHING
HOME TO THEIR YOUNG KIDS.
YOU NEED TO PROTECT THE WORKER
AND THE PERSON THAT OWNS THE
HOUSE.
AS I MENTIONED THIS IS A RENTAL,
SO THIS GUY, THE LANDLORD, HE
ALSO, SINCE HE'S -- HE ACTUALLY
WAS GOING TO BE WORKING ON THIS
HOUSE, HE ALSO NEEDED TO BE
ACTUALLY A CERTIFIED RENOVATOR
IN ORDER FOR HIM TO GO FORWARD
WITH THIS JOB.
OKAY, ANNIE, I'M SORRY.
>> THIS IS YOUR FINAL SLIDE
HERE.
>> YEP.
THIS ONE HERE, THIS IS NOT BAD.
THIS IS A GOOD THING.
EXCEPT MAYBE FOR THE GUY ON THE
LEFT WITH THE LADDER.
OSHA MIGHT HAVE A DISCUSSION
WITH HIM.
BUT THEY ARE ALL WEARING
PROTECTIVE SUITS, PPE, WEARING
MASKS, SCRAPING ON THE HOUSE,
THERE'S PLASTIC ON THE GROUND.
YOU CAN SEE THE PLASTIC DRAPED
OVER THE FENCE.
THE ONLY THING IS THERE SHOULD
BE SOME KIND OF BARRIER TO KEEP
PEOPLE AWAY BUT THERE ARE CONES
AND WHATEVER.
BUT THEY ARE FOR THE MOST PART
DOING A VERY GOOD JOB OF -- IT'S
A GOOD EXAMPLE OF WHAT SHOULD BE
DONE, PLASTIC TO CAPTURE
EVERYTHING, NOT LETTING IT GET
IN THE BUSHES AND DIRT.
I THINK THAT'S IT.
>> THANK YOU, PAUL.
SO IN SUMMARY, HERE'S THE
PAMPHLET THAT SHOULD BE PROVIDED
TO THE HOMEOWNER, THE FIRST
SHOULD SIGN THEY RECEIVED IT,
FIRM PERFORMING WORK SHOULD BE
CERTIFIED, CERTIFIED RENOVATOR,
AND DOCUMENTATION WHILE THE
RENOVATION IS OH CURBING.
OCCURRING.
THAT'S SOME OF THE THINGS WE SEE
IN THE FIELD WHEN WE'RE DOING
INSPECTIONS.
>> ONE MORE THING.
THE CERTIFICATION AT THE END FOR
THOSE THAT ARE HAVING WORK DONE
OR HAVING A FIRM DO THE WORK YOU
SHOULD ALWAYS GET A COPY OF THAT
CERTIFICATION, THEY ARE SUPPOSED
TO GIVE IT IT TO YOU WITHIN 30
DAYS.
I SUGGEST THEY HAVE THE CUSTOMER
ALSO SIGN OFF ON THAT
CERTIFICATION, EPA COPY DOES NOT
HAVE A SPACE BUT A LOT OF
CONTRACT ORS ARE DOING THAT SO
YOU HAVE A MUTUAL AGREEMENT THAT
EVERYTHING WAS DONE CORRECTLY.
THAT'S WHAT YOU'RE AFTER.
YOU WANT -- THAT'S A LOT OF
TIMES WHERE SOME OF THE
COMPLAINTS COME FROM.
BE SURE YOU GET A COPY, IF
YOU'RE HAVING A JOB DONE BE SURE
YOU GET A COPY OF THE CLEAN
CERTIFICATION AT THE END.
>> DO WE HAVE TIME FOR QUESTIONS
BEFORE THE NEXT ONE?
>> SURE, YEAH.
>> THE FIRST ONE IS DO YOU HAVE
ANY INFO ON COMMERCIAL
RENOVATIONS?
SUCH AS A GSA LEASED FACILITY
FOR FEDERAL AGENCY?
>> AT THIS TIME, LIKE THE
DISCLOSURE RULE AND RRP RULE DO
NOT APPLY TO COMMERCIAL, ANY
COMMERCIAL PROPERTIES.
RRP DOES APPLY TO CHILD-OCCUPIED
FACILITIES WHERE CHILDREN UNDER
6 ARE PRESENT SUCH AS DAY CARES,
PRESCHOOLS, BUT DOES NOT APPLY
AT THIS TIME TO COMMERCIAL
BUILDINGS.
>> UNLESS THERE'S A DAY CARE IN
THE COMMERCIAL BUILDING.
>> RIGHT.
>> THE SECOND ONE, SOMEONE ASKED
ABOUT THE PPE REQUIREMENTS OF
THE RENOVATOR.
PERSONAL PROTECTIVE EQUIPMENT,
THEY ARE USING THAT PPE
ABBREVIATION, SO THEY ARE SAYING
ANY PPE REQUIREMENTS FOR THE
PERSON RENOVATING THE HOUSE?
>> WELL, PPE --
>> NO, THEY ARE NOT REQUIRED.
THEY ARE NOT REQUIRED.
THAT, YOU KNOW, IT'S A NICE
THING TO DO.
TO PROTECT YOURSELF.
BUT THERE ARE NO PPE
REQUIREMENTS IN THE RULE.
>> IT'S NOT IN THE RULE.
OSHA WILL HAVE -- IF THEY FIND
YOU THEY WILL HAVE A DISCUSSION
WITH YOU.
THEY DO LIKE TO SEE PROTECTIVE
EQUIPMENT.
>> AND ALSO POSSIBLY ONE OF OUR
CO-PRESENTERS MENTIONED, THANK
YOU, THAT POSSIBLY FOR
ABATEMENT.
ABATEMENTS HAVE DIFFERENT --
THAT'S A DIFFERENT REGULATION.
BUT FOR RRP THERE AREN'T ANY.
SO I'M GOING TO TURN IT OVER
NOW, GARTH, ARE THOSE ALL THE
QUESTIONS FOR NOW?
>> THAT'S ALL WE HAVE NOW,
ANNIE.
THERE WILL BE MORE AFTER THE
NEXT TWO PEOPLE TALK.
>> THANK YOU.
NEXT I'M GOING TO TURN IT OVER
TO AIMEE HESSERT WITH EPA
HEADQUARTERS TO TALK ABOUT
PROPERTY MANAGEMENT COMPANIES
AND THE CHANGES TO OUR EPA
FREQUENTLY ASKED QUESTIONS
REGARDING RRP.
>> THANK YOU, ANNIE.
YES, THANK YOU AND GOOD
AFTERNOON.
I'D LIKE TO GIVE AN UPDATE ON
THE RECENT WITHDRAWAL OF TWO
FREQUENTLY ASKED QUESTIONS ON
PROPERTY MANAGEMENT COMPANIES
AND LEAD RRP RULE.
ON MARCH 21 EPA WITHDREW THESE
TWO FREQUENTLY ASKED QUESTIONS,
THAT ADDRESS COMPLIANCE
RESPONSIBILITIES UNDER RRP RULE
AND AS OF THAT DATE PMCs
CANNOT RELY ON THEM.
SINCE 2010, WE'VE BEEN
IMPLEMENTING AND HAVE A BETTER
UNDERSTANDING OF THE ACTIVITIES
THAT ARE COMMONLY UNDERTAKEN BY
PMCs, AND WE'VE CONCLUDED IT'S
NOT APPROPRIATE TO MAKE
CATEGORICAL ASSUMPTIONS ABOUT
PMC COMPLIANCE OBLIGATION WHICH
WAS THE CASE FOR THESE TWO
FAQs.
IT IS IMPORTANT TO NOTE WITH THE
WITHDRAWAL OF THESE FAQs IT
DOES NOT CHANGE THE RRP RULE
INCLUDING DEFINITION OF
RENOVATION.
CAN YOU MOVE TO THE NEXT SLIDE,
ANNIE.
OKAY.
SO THIS IS THE FIRST OF THE TWO
WITHDRAWN FAQs.
I'M GOING TO READ SO YOU
UNDERSTAND THE LANGUAGE THAT HAS
BEEN WITHDRAWN.
SO THE QUESTION FOR THE FIRST
STATES A PROPERTY MANAGEMENT
COMPANY PERFORMS MOST CLERICAL
FUNCTIONS, HIRES PLUMBERS,
ELECTRICIANS, CARPENTERS, ET
CETERA.
DOES THE PROPERTY MANAGEMENT
COMPANY NEED FIRM CERTIFICATION?
THE ANSWER STATES A PROPERTY
MANAGEMENT COMPANY ACTS AS AN
AGENT FOR THE LANDLORD AND HAS
THE SAME RESPONSIBILITIES AS THE
LANDLORD.
THEREFORE IF THE PROPERTY
MANAGEMENT COMPANY USES ITS OWN
EMPLOYEES TO DO THE WORK THE
PROPERTY MANAGEMENT COMPANY MUST
BE A CERTIFIED FIRM AND ONE OF
THE EMPLOYEES MUST BE A
CERTIFIED RENOVATOR.
IF THE PROPERTY MANAGEMENT
COMPANY HIRES A RENOVATION FIRM
TO PERFORM THE RENOVATION, THE
PROPERTY MANAGEMENT COMPANY DOES
NOT NEED FIRM OR RENOVATOR
CERTIFICATION BUT THE FIRM THE
PROPERTY MANAGEMENT COMPANY
HIRES MUST BE CERTIFIED AND
PERFORM THE RENOVATION USING
CERTIFIED RENOVATOR THAT DIRECTS
AND PROVIDES ON-THE-JOB TRAINING
TO WORKERS NOT CERTIFIED
RENOVATORS.
THAT'S THE FIRST WITHDRAWN FAQ.
IF YOU COULD MOVE TO THE NEXT
SLIDE.
THE QUESTION FOR THE SECOND
WITHDRAWN FAQ STATES IF A
COMPANY HIRES A CERTIFIED FIRM
TO PERFORM RENOVATION AND THEY
VIOLATE FOR , WHICH IS SUBJECT
TO ENFORCEMENT ACTION, THE
MANAGER OR FIRM?
THE ANSWER STATES IT IS THE
FEATHER SIDE OFFICIAL'S
RESPONSIBILITY TO COMPLY WITH
REQUIREMENTS OF THE RRP RULE AND
ANY ENFORCEMENT ACTION TAKEN
WOULD BE AGAINST THE FIRM.
EPA WILL ASSESS COMPLIANCE,
WHETHER THE PMC IS AN EMPLOYEE
OR HIRES OUTSIDE FIRM.
THE KEY LANGUAGE STATES IT'S THE
LANGUAGE IN THE SECOND BULLET,
CONSISTENT WITH THE RRP RULE ANY
INDIVIDUAL OR ENTITY INCLUDING
PMCs IS SUBJECT TO THE RRP
RULE REQUIREMENTS WHEN THEY
PERFORM OR OFFER TO PERFORM
RENOVATION, REPAIR OR PAINTING
ACTIVITIES FOR COMPENSATION IN
HOUSING AND CHILD-OCCUPIED
FACILITIES BUILT BEFORE 1978 AND
MUST BE A CERTIFIED FIRM.
WITH THIS ACTION EPA PLANS TO
HOLD PMCs AND CONTRACTORS
RESPONSIBLE IF CIRCUMSTANCES
INDICATE BOTH ENTITIES ARE
SUBJECT TO THE RRP RULE
REQUIREMENTS.
SO IN ORDER TO PREPARE FOR THIS
ACTION, LEADING UP TO THE ACTION
AND RECENT WITHDRAWAL WE DID
REACH OUT TO THE PUBLIC, PUBLIC
NOTICE AND OUTREACH.
WE FIRST PUBLISHED A FEDERAL
REGISTER NOTICE ON NOVEMBER 4 OF
LAST YEAR, 2021, ANNOUNCING
INTENT TO WITHDRAW, THE NOTICE
EXPLAINED RATIONALE AND HOW EPA
WILL EXERCISE ENFORCEMENT
DISCRETION.
AS PART OF THAT NOTICE WE ALSO
REQUESTED PUBLIC COMMENT
SPECIFICALLY TO IDENTIFY ANY
INFORMATION EPA HAD NOT
CONSIDERED WHEN ANNOUNCING
INTENT TO WITHDRAW FAQs.
ALSO CONSISTENT WITH THAT
FEDERAL REGISTER NOTICE
PROCEEDED TO ISSUE A MEMO THAT
STATED, YOU KNOW, WE SAID WE
WOULD LET THE PUBLIC KNOW
WHETHER OR NOT WE PLANT TO
PROCEED, AND AFTER CONSIDERING
THE PUBLIC COMMENTS ON JANUARY
11 EPA AFFIRMED THE AGENCY WOULD
WITHDRAW TWO FAQs EFFECTIVE
MARCH 21, AND WE DID MAKE THIS
INFORMATION AVAILABLE THROUGH A
PRESS RELEASE ON JANUARY 11 AND
NOVEMBER 4 ANNOUNCING THE
ACTION.
AND I'M NOT SURE IF THE SLIDES
FOR THE PRESENTATION WILL BE
SHARED.
THESE ARE LINKS.
WE CAN CIRCULATE LINKS TO
EVERYONE IF YOU'D LIKE TO REVIEW
THE FEDERAL REGISTER NOTICE OR
MEMO OR ANY INFORMATION
ASSOCIATED WITH THIS ACTION.
THERE'S AN EPA DOCKET FOR AWFUL
THESE DOCUMENTS, ON
REGULATIONS.GOV AN WE CAN
CIRCULATE THAT INFORMATION TO
YOU.
PMC COMPLIANCE, WHAT DOES A
PROPERTY MANAGEMENT COMPANY NEED
TO DO?
FIRST PMC'S MUST POSSESS
CERTIFICATION.
IN ADDITION, THE PROPERTY
MANAGEMENT COMPANY MUST ENSURE
THAT RENOVATIONS COMPLY WITH
LEAD-SAFE WORK PRACTICES,
CERTIFIED RENOVATOR IS ASSIGNED
AND DISCHARGES DUTIES ASSIGNED
TO CERTIFIED RENOVATORS BY THE
RULE.
ALSO PMCs SHOULD ENSURE THEY
OR THEIR EMPLOYEES ENGAGE, AND A
PMC THAT WORKS IN AN AUTHORIZE
THE STATE OR TRAVEL AREA SHOULD
CONFIRM WITH RELEVANT
AUTHORITIES WHETHER THERE ARE
STATE OR TRAVEL PROGRAM
REQUIREMENTS THAT WOULD REQUIRE
ADDITIONAL ACTION.
AND THAT CONCLUDES MY UPDATE FOR
TODAY.
I THINK NEXT IS THE HUD LEAD
SAFE WORK PRACTICES OR
REQUIREMENTS.
>> THANK YOU, AIMEE.
>> THIS IS BRUCE HABER.
NEXT SLIDE.
CAN YOU HEAR ME OKAY?
>> YEAH, YEAH.
>> GOOD.
I'M HERE TO TALK ABOUT THE LEAD
SAFE HOUSING RULE, AND
SPECIFICALLY HOW IT APPLIES TO
HUD ASSISTED PROPERTIES.
THANK YOU VERY MUCH.
THE FEDERAL REGULATIONS ARE
DIVIDED INTO TWO PARTS.
AND HUD REGULATIONS INCORPORATE
THE EPA REGULATION, WHY I HAVE
THEM ON THIS SLIDE.
HUD REGULATIONS WHICH ARE
DESIGNED FOR PRIMARY PREVENTION
OF LEAD EXPOSURE BECAUSE THEY DO
REQUIRE LEAD TESTING IN MANY
SITUATIONS WHERE THE EPA
REGULATIONS DON'T, SO THE HEAD
REGULATIONS ARE 24 CFR PART 35.
SUBPART A IS LEAD DISCLOSURE
RULE.
HUD AND EPA JOINTLY ENFORCE
THESE RULES.
NEXT SLIDE PLEASE.
WE TALK ABOUT LEAD LIST CLOSURE
RULE, BEFORE 1978 THE RULE CAME
OUT IN 1996.
FOLLOWING THAT WAS THE LEAD SAFE
HOUSING RULE WHICH APPLIED TO
FEDERALLY ASSISTED HOUSING AND
FEDERALLY OWNED HOUSING,
PRIMARILY HUD ASSISTED HOUSING.
THERE ARE SOME OTHER FEDERAL
PROGRAMS INCLUDED.
IT WENT INTO EFFECT IN SEPTEMBER
OF 2000.
AFTER THAT, THE EPA CAME OUT ARE
A RULE INCLUDING LEAD SAFE
HOUSING EFFORTS AND A LOT OF THE
SAME WORK PRACTICES IN THE LEAD
SAFE HOUSING RULE AND FINALLY
THE LEAD-BASED PAINT ACTIVITIES
RULE WHICH APPLIES TO HOUSING
JUST AS THE RRP DOES.
NEXT SLIDE PLEASE.
SO HERE ARE THE STEPS FOR HUD
REGULATORY COMPLIANCE.
WE START WITH DISCLOSURE.
SO IT'S THE SAME PAMPHLET.
YOU HAVE THE EPA AND HUD
PAMPHLET.
THERE'S AN ABSOLUTE REQUIREMENT
TO TAKE A LOOK, IT'S AS SIMPLE
AS VISUAL FOR CONDITION OF THE
PAINT AND ON OTHER PROGRAMS
INCLUDE INSPECTION OR RISK
ASSESSMENT.
UNDER BOTH IF DETERIORATED PAINT
OR HAZARDS ARE FOUND THERE'S A
REQUIREMENT FOR PAINT
STABILIZATION AND CONTROLS AND
ABATEMENT DEPENDING ON THE TYPE
OF PROGRAM, UNDER HUD RULES
THERE IS A REQUIREMENT FOR
CLEARANCE TESTING, THIS IS
TESTING THE DUST, DOING A VISUAL
ASSESSMENT, A STRONGER
ASSESSMENT THAN THE CLEANING
VERIFICATION REQUIRED UNDER RRP
REGULATIONS.
THERE'S THE REQUIREMENT TO
NOTIFY RESIDENT.
HUD REQUIRES RESIDENTS BE
INFORMED OF EVERYTHING YOU'RE
DOING WHEN AN INSPECTION IS
SCHEDULED, RESULTS, HAZARD
CONTROL IS DONE, AND WHEN
CLEARANCE IS DONE, AND THERE'S
THEN A REQUIREMENT FOR ONGOING
MAINTENANCE THROUGHOUT THE LIFE
OF THE PROPERTY, FOR AS LONG AS
LEAD-BASED PAINT REMAINS THERE.
NEXT SLIDE PLEASE.
SO WE HAVE VARIOUS SUBPARTS.
WE HAVE PROJECT-BASED RENTAL
ASSISTANCE, PUBLIC HOUSING,
TENANT-BASED RENTAL ASSISTANCE.
YOU CAN SEE THE TYPE OF
EVALUATIONS REQUIRED DIFFERENT
BY THE SUBPARTS.
IN PUBLIC HOUSING THERE IS AN
ABSOLUTE REQUIREMENT FOR
LEAD-BASED PAINT INSPECTION, IF
IT'S PRESENT FOR RISK ASSESSMENT
TO IDENTIFY HAZARDS.
AND THEN HAZARDS IF ASSISTANCE
IS GREATER THAN $5,000 PER YEAR
IN EACH UNIT.
FOR TENANT BASED ASSISTANCE IT'S
A REQUIREMENT TO DO A VISUAL
ASSESSMENT BUT ONLY IF THERE IS
A CHILD UNDER THE AGE OF 6.
NEXT SLIDE PLEASE.
IN SUBPART J, THIS IS OUR
REHABILITATION.
THIS IS A LOT OF MONEY THAT HUD
PUTS OUT UNDER COMMUNITY
DEVELOPMENT BLOCK GRANT, HOME
FUNDING, GOES INTO THE REPAIR
AND MAINTENANCE OF HOUSING, LOW
INCOME HOUSING IN PARTICULAR,
AND SO IF THE AMOUNT OF
ASSISTANCE IS LESS THAN $5,000,
THEN THERE'S JUST A SIMPLE
REQUIREMENT TO TEST THE PAINT
THAT'S GOING TO BE DISTURBED,
AND REPAIR THOSE.
IF THE DOLLAR VALUE IS BETWEEN
$5,000 AND $25,000, YOU HAVE TO
DO PAINT TESTING BUT WE ALSO
REQUIRE A RISK ASSESSMENT OF THE
ENTIRE PROPERTY, AND ANY
LEAD-BASED PAINT HAZARDS THAT
ARE FOUND HAVE TO BE CONTROLLED
USING INTERIM CONTROL OF THE
HAZARDS, AND IF THE PROJECT IS
VALUED A THE MORE THAN $25,000
WORTH OF REHABILITATION WE STILL
HAVE THE RISK ASSESSMENT AND
PAINT TESTING, BUT THE HAZARDS
IF THERE'S ANY IDENTIFIED HAVE
TO BE CONTROLLED BY USE OF
ABATEMENT METHODS, NEXT SLIDE
PLEASE.
SO YOU CAN FIND THESE VERY
CAREFULLY DETAILED IN THE HUD
LEAD GUIDELINES, WE HAVE THE
DIFFERENT TYPES OF EVALUATIONS
THAT CAN BE CONDUCTED.
SO LEAD BASED PAINT INSPECTION
TESTS PAINTED SURFACE USING XRF
MACHINE.
IT EXCITES THE ATOMS, WILL
IDENTIFY LEAD BASED PAINT OR
NOT, DOES IT WITHOUT CAUSING ANY
DAMAGE TO THE SURFACES.
A DIFFERENT TYPE OF EVALUATION
IS LOOKING FOR ELEVATED DUST AND
SOIL LEVELS, A RISK ASSESSMENT.
FINALLY THERE'S THE VISUAL
ASSESSMENT JUST LOOKING FOR
DETERIORATED PAINT, NO
CONFIRMATION THAT IT IS LEAD OR
NOT LEAD.
NEXT SLIDE PLEASE.
WE HAVE THE LEAD SAFE HOUSING
RULE AND LEAD DISCLOSURE RULE,
AND THAT APPLIES TO ASSISTED
HOUSES AS WELL AS APPLIES TO
UNASSISTED PROPERTIES.
AND BECAUSE IN THE ASSISTED
UNIVERSE, PUBLIC HOUSING AND
PROJECT-BASED RENTAL ASSISTANCE
THERE ARE AFFIRMATIVE
REQUIREMENTS, LEAD-BASED PAINT,
THESE ITEMS ARE DISCLOSABLE WHEN
THERE'S A LEASE OR WHEN THE
PROPERTY IS SOLD.
ALSO IF THERE'S REPAIRS MADE,
CLEARANCE TESTING, THIS IS
ADDITIONAL INFORMATION THAT'S
SUPPOSED TO BE INCLUDED WITHIN
THE DISCLOSURE OF THAT
INFORMATION.
IT'S LISTING OF REPORTS.
WE RECOMMEND YOU NEVER MISPLACE
LEAD BASE THE PAINT TESTING
INFORMATION BECAUSE IT LONGS TO
THE BUILDING FOR THE LIFE OF THE
BUILDING.
AND A LEAD BASED PAINT PROPERTY
IS EXEMPT FROM RULE FOR LEASING
BUT IF THEY ARE SOLD THE RULE
APPLIES AND TESTING INFORMATION
NEEDS TO BE PASSED TO THE NEXT
BUYER.
AS EPA POINTED OUT THE RULE
APPLIES TO ALMOST ALL PRY 1978
SALE AND RENTAL UNITS.
OWNERS IS RESPONSIBLE FOR
PROVIDING PAMPHLET AND DISCLOSE
THE INFORMATION THEY KNOW.
SO IN HUD ASSISTED PROPERTIES
PROJECT BASED RENTAL ASSISTANCE,
PROPERTIES THAT HAVE GONE
THROUGH REHABILITATION UNDER
COMMUNITY DEVELOPMENT BLOCK
GRANT MONIES, OR IN
PROJECT-BASED RENTAL ASSISTANTS
THERE SHOULD BE KNOWLEDGE
CONVEYED TO RESIDENTS, A GREAT
TIME FOR EDUCATING THEM.
ONCE AGAIN THE CORRECT
DISCLOSURE ANNIE SHOWED SALES,
THIS WARNING STATEMENT ON THE
TOP IS DIFFERENT IN A LEASE
VERSUS SALE, AND THEN ALSO SALES
TRANSACTION THERE'S REQUIREMENT
THAT THE PURCHASER IS OFFERED AN
OPPORTUNITY TO CONDUCT AN
ADDITIONAL EVALUATION.
IF YOU WANT MORE INFORMATION,
NEXT SLIDE PLEASE, MORE
INFORMATION ON THE REQUIREMENT
OF THE RULE WE HAVE LEAD
COMPLIANCE ADVISOR AND THIS IS A
TOOL THAT WILL WALK YOU THROUGH
THE DIFFERENT FUNDING SOURCES
AND DIFFERENT ACTIVITIES, AND
WHAT WOULD BE REQUIRED FOR YOU
TO DO IF YOU ARE USING ASSISTED
HOUSING, I HAVE ANOTHER QUICK
LINK, YOU CAN SKIP THE NEXT TWO.
THAT CONCLUDES A QUICK OVERVIEW
OF THE LEAD SAFE HOUSING RULE
AND REQUIREMENTS FOR AFFIRMATIVE
IDENTIFICATION OF HAZARDS AND
CORRECTING THEM.
>> THANK YOU, BRUCE.
VERY INFORMATIONAL AND NEXT
WE'LL TURN IT OVER TO STEPHANIE
BROWN WHO IS FROM EPA
HEADQUARTERS TO TALK ABOUT THE
DRAFT NATIONAL LEAD STRATEGY AND
BIG PICTURE.
>> THANK YOU.
HELLO, EVERYONE.
THIS IS STEPHANIE BROWN.
NEXT SLIDE.
YOU MAY HAVE HEARD RECENTLY
ABOUT EPA'S NEW LEAD STRATEGY.
IT WAS ISSUED LAST NOVEMBER.
YOU CAN FIND IT BY GOOGLING EPA
LEAD STRATEGY.
OF COURSE THE PRESENTATION HAS
LINKS.
THIS STRATEGY IS EPA SPECIFIC
BUT WITH A STRONG ASPECT OF
COLLABORATING WITH OTHER FEDERAL
AGENCIES AND STATE AND LOCAL
ENTITIES.
THE LEAD STRATEGY FOCUSES
LARGELY ON ELIMINATING
DISPARITIES IN BLOOD LEAD
LEVELS, PARTICULARLY FOCUSED ON
COMMUNITIES THAT ARE
DISPROPORTIONATELY AFFECTED BY
LEAD EXPOSURES.
IT IS A MULTIMEDIA STRATEGY,
PERTAINS TO LEAD IN AIR, WATER,
SOIL, AND PAINT.
AND IT COMPLEMENTS THE 2018
INTERAGENCY FEDERAL LEAD ACTION
PLAN, WITH WHICH MANY FOLKS ARE
FAMILIAR, THE INTERAGENCY ACTION
PLAN INCLUDED CONTRIBUTIONS FROM
EPA AND HUD AS WELL AS OTHER
AGENCIES SUCH AS USDA, FDA,
CONSUMER PRODUCTS SAFETY
COMMISSION, DOJ.
ET CETERA.
NEXT SLIDE PLEASE.
EPA'S LEAD STRATEGY HAS A BROAD
AGENCY-WIDE PARTICIPATION AND
COMMITMENT, JUST ABOUT EVERY
OFFICE IN EPA HAS CONTRIBUTED
PROPOSED COMMITMENTS TO THIS
STRATEGY.
AND THAT INCLUDES HEADQUARTERS
OFFICES FOR AIR, DRINKING WATER,
LEAD-BASED PAINT, SOIL,
SUPERFUND, HAZARDOUS WASTE,
OTHER OFFICES SUCH AS RESEARCH
AND DEVELOPMENT, OFFICE OF
ENVIRONMENTAL JUSTICE, AND THE
OFFICE OF ENFORCEMENT AND
COMPLIANCE ASSURANCE, I'VE
HIGHLIGHTED THAT ONLY BECAUSE
THAT'S THE OFFICE FOR WHICH I'M
SPEAKING.
NOTABLY OECA SUPPORTS THE RULES
AND REQUIREMENTS OF ALL OF THE
OTHER MEDIA.
SO WITH RESPECT TO ENFORCEMENT
AND COMPLIANCE ASSURANCE, OUR
VARIOUS OECA OFFICES ENFORCE
REQUIREMENTS IN AIR, DRINKING
WATER, LEAD-BASED PAINT, AND
SOILS.
AND SUPERFUND, OF COURSE.
THE STRATEGY ALSO INCLUDES
INVOLVEMENT OF ALL TEN EPA
REGIONS.
AND IN ADDITION TO THE EPA
REGIONS CONTRIBUTING TO
DEVELOPMENT OF NATIONAL STRATEGY
EACH REGION IS DEVELOPING ITS
OWN LEAD ACTION PLAN WHICH ALSO
WILL BE ADDRESSING LEAD IN THE
VARIOUS MEDIA.
SO YOU CAN SEE IT'S EVERYBODY'S
ENGAGED.
THANK YOU.
IF YOU'RE FAMILIAR WITH THE
FEDERAL LEAD ACTION PLAN YOU
KNOW THAT THAT PLAN HAD FOUR
GOALS.
SIMILARLY, EPA'S LEAD STRATEGY
FOLLOWED THAT FRAMEWORK AND HAS
GENERALLY THE FOUR SAME -- SAME
FOUR GOALS.
GOAL 1 IS MOST RELEVANT TO THE
WORK DONE BY THE MEDIA PROGRAMS.
AND PARTICULARLY BY OECA WHICH
IS TO REDUCE EXPOSURES.
SO YOU'LL SEE THERE ARE
COMMITMENTS FROM ALL OF THE
MEDIAS OFFICES AS WELL AS OECA
TO REDUCE EXPOSURES.
NEXT SLIDE PLEASE.
FOR THIS STRATEGY BECAUSE
THERE'S A LOT OF WORK TO BE DONE
AND LEAD IS A PERVASIVE LEGACY
CHEMICAL, THE STRATEGY FOCUSES
ON THREE PRONGS OR THREE
APPROACHES WHICH WE HELPED TO
USE TO GUIDE WHAT WE ACTUALLY
DO.
THE FIRST IS TO REDUCE EXPOSURES
LOCALLY.
THAT GOES BACK TO A HIGH DEGREE
OF INTEREST IN MAKING SURE WE
MEET COMMUNITIES' NEEDS IN THIS
REGARD.
WE ALSO INTEND TO CONTINUE TO
REDUCE EXPOSURES NATIONALLY,
DOING THAT THROUGH STANDARDS AND
REQUIREMENTS AND TOOLS AND
OUTREACH.
AND THEN APPROACH 3 OF GREATEST
INTEREST HERE, OUR COMMITMENT TO
REDUCING EXPOSURES THROUGH A
WHOLE OF EPA AND
WHOLE-OF-GOVERNMENT APPROACH.
NEXT SLIDE.
SO, WITH RESPECT TO THE WHOLE OF
GOVERNMENT, EVERY MEDIA OFFICE,
ALL PARTICIPATING OFFICES HAVE
THEIR OWN COMMITMENTS TO
WORKING WITH THE FEDERAL FAMILY.
I'LL HIGHLIGHT FOR YOU HERE WHAT
OECA HAS PROPOSED WITH RESPECT
TO COLLABORATIONS.
AND THESE ARE JUST THE ONES
WE'VE PUT IN THE MOST RECENT
DRAFT, WE WILL CONTINUE DOING
THE COLLABORATIONS WE'VE ALWAYS
DONE, AND WOULD LIKE TO
STRENGTHEN AND EXPAND THOSE.
SO IN THE LEAD STRATEGY THAT WAS
ISSUED FOR PUBLIC COMMENT, AND
THAT COMMENT PERIOD JUST CLOSED,
WE PROPOSED TO CONTINUE TO
ENGAGE WITH THE DEPARTMENT OF
DEFENSE TO ADDRESS EXPOSURES,
PRIVATIZED MILITARY HOUSING,
THAT'S WHAT WENT INTO OUR THE
TRAFFIC STRATEGY.
WE WANT TO PARTNER WITH AGENCIES
TO GET RELIABLE ACCURATE DATA ON
ELEVATED BLOOD LEAD LEVELS,
PARTNERING WITH HUD REGARDING
DATA ON PRE-1978 HOUSING.
AND BRUCE HAS ALREADY MENTIONED
FOR US THAT EPA AND HUD HAVE
IDENTICAL LEAD DISCLOSURE RULES.
WE HAVE INDEPENDENT AUTHORITY,
WE CAN GO ON OUR OWN AND ENFORCE
THOSE RULES.
AND WHEN WE CAN WE LIKE TO
COLLABORATE.
BUT EACH OF US ARE COVERING THE
WIDE UNIVERSE THAT'S REGULATED.
WE WANT TO WORK WITH OTHER
FEDERAL AGENCIES TO REFINE OUR
LEAD MAPPING CAPABILITIES, WE
HAVE A LOT OF INFORMATION.
WE DON'T HAVE AS MUCH LEAD --
ELEVATED BLOOD LEVEL DATA AS WE
WANT BUT WE CAN ONLY GET WHAT
HAS BEEN MADE AVAILABLE AND WHAT
IS BEING COLLECTED.
SO WE WANT TO HONE THE
CAPABILITIES TO FIND OUT WHERE
THE PROBLEM AREAS ARE, WHETHER
OUR CHILDREN IN PARTICULAR
POTENTIALLY BEING AFFECTED AND
ARE ACTUALLY AFFECTED BY LEAD,
IN DRINKING WATER, SOIL, AIR,
ANYTHING.
AND WE WANT TO PARTNER WITH
STATES REGARDING DRINKING WATER,
AND I SHOULD SAY CONTINUING TO
PARTNER WITH THEM.
AS YOU MAY KNOW THERE ARE IS AN
ACCELERATED WHITE HOUSE FOCUS ON
LEAD PIPES WHICH AFFECT DRINKING
WATER.
AND ALSO ON LEAD PAINT.
SO STATES ARE AN IMPORTANT
MEMBER OF THIS GROUP THAT TRIES
TO ADDRESS THE LEAD SERVICE
LINES AND PROVIDE FOR A SAFE
DRINKING WATER, AND WE'RE
COMMITTED TO WORKING WITH THEM.
SO, THE WHOLE VIEW OF THIS
COMMITMENT IS TO CONTINUE AND
STRENGTHEN OUR EXISTING
COLLABORATIONS AND PARTNERSHIPS,
AND ENCOURAGE NEW ONES TO
ADDRESS LEAD.
NEXT SLIDE PLEASE.
AS I MENTIONED, THE PUBLIC
COMMENT PERIOD FOR THE LEAD
STRATEGY CLOSED MARCH 16.
I THINK I JUST HEARD THAT THERE
WERE 13,000 COMMENTS, MANY OF
THEM ARE GOING TO BE POSTED ON
THE FEDERAL DOCKET.
EPA IS CONSIDERING THOSE
COMMENTS
AND WE'LL MOVE TOWARDS
FINALIZING THE STRATEGY WITH
THOSE COMMENTS IN MIND, AND
HAVING SOMETHING ISSUED IN THE
VERY NEAR FUTURE.
AND THEN MOVING FORWARD IN TERMS
OF IMPLEMENTATION.
SO I'LL BE PLEASED TO ANSWER ANY
QUESTIONS YOU MAY HAVE.
THANK YOU VERY MUCH.
>> THANK YOU, STEPHANIE.
I JUST HAVE TWO WEBSITES UP
HERE, EPA AND HUD, WITH
ADDITIONAL INFORMATION.
AND GARTH I'M NOT SURE IF WE
HAVE ANY QUESTIONS THAT WE'VE
RECEIVED.
>> STEPHANIE ACTUALLY ANSWERED
THIS ONE IN THE CHAT BUT A LOT
OF PEOPLE CAN'T SEE THE CHAT SO
I'M GOING TO ASK IT OVER AGAIN.
THE QUESTION WAS ABOUT CAN
ENFORCEMENT ACTION BE TAKEN
AGAINST A LANDLORD RATHER THAN
JUST THE RENOVATOR, BASICALLY
THE PERSON IS ASKING ABOUT IS
THE LANDLORD POTENTIALLY LIABLE
FOR SOME OF THIS OR IS IT ONLY
THE RENOVATION FIRM?
>> TO WHOM ARE YOU DIRECTING THE
QUESTION?
>> ANYBODY CAN ANSWER THAT.
IT MIGHT HAVE COME IN DURING
ANNIE'S PRESENTATION BUT IT TOOK
A WHILE FOR IT TO BOUNCE OVER TO
THE WEBSITE.
SORRY.
IT MIGHT BE A LITTLE LATE.
>> THE RRP RULE APPLIES TO ANY
PERSON WHO PERFORMS, OFFERS TO
PERFORM, OR CLAIMS TO PERFORM
RENOVATIONS, THAT'S DEFINED IN
THE RULE, FOR COMPENSATION.
>> THE OTHER QUESTION THAT JUST
CAME IN, AGAIN, THIS IS REALLY
DIRECTED TO JESSICA.
PEOPLE KEEP ASKING IN THE CHAT
ABOUT, YOU KNOW, SUPPOSE THEY
WANT TO SEE THE SLIDES THAT
SOMEONE JUST PRESENTED.
MAYBE YOU BETTER, JESS, SAY OVER
AGAIN, SUPPOSE SOMEONE WANTS TO
SEE THE LEAD SLIDES.
HOW CAN THEY SEE THE POWERPOINT
SLIDES?
>> OF COURSE, YES, THE SLIDES,
ALL THE SLIDES FROM THE ENTIRE
SYMPOSIUM ARE ON FEDCENTER.
>> I THINK THAT'S IT ON THE
QUESTIONS.
WE HAVEN'T GOTTEN ANYTHING ELSE.
>> OKAY.
IF THAT'S ALL THE SLIDES, TO BE
CLEAR THAT'S FEDCENTER.GOV.
AND I KNOW WE CAN'T SEND -- I
DON'T BELIEVE WE CAN SEND THE
LINK BECAUSE PEOPLE DON'T HAVE
THE CHAT, BUT MAYBE WHEN WE CAN
HAVE THAT LINK SENT OUT TO ALL
THE ATTENDEES LATER WE'LL
HAVE -- I'LL TALK TO SOMEONE WHO
CAN SEND THAT TO EVERYBODY.
IF THERE ARE NO MORE QUESTIONS,
WE HAVE A BREAK NOW, UNTIL 2:45.
>> THANK YOU GUYS SO MUCH.
>> THANK YOU.
THAT WAS WONDERFUL.
THANK YOU.
>> NEXT PRESENTATION ON THE USE
AANIMAL MODELLABILITY ANALYSIS,
PRESENTED BY TOM GOERING, LOS
ALAMOS NATIONAL LAB, MORE THAN
35 YEARS OF EXPERIENCE IN
ENVIRONMENTAL FIELD WITH MOST
WORK IN HYDROLOGY.
>> I'D LIKE TO ACKNOWLEDGE MY
CO-AUTHORS AND COLLEAGUES, KAREN
AND ROBERT.
ROBERT IS HERE IN THE BACKGROUND
SO IF I GET IN OVER MY HEAD ON
THE QUESTIONS, HOPEFULLY HE CAN
STEP IN AND HELP ADDRESS THOSE.
FOR THOSE WHO DON'T KNOW WHERE
LOS ALAMOS IS, IT'S IN NORTH
CENTRAL NEW MEXICO, AND THIS
STUDY TOOK PLACE AT THE
LABORATORY SHOWN ON IN THE
BREAKOUT MAP IN YELLOW, STUDY
AREA IS IN THIS PORTION RIGHT
HERE WHERE I'M SHOWING MY MOUSE.
WE'RE GOING TO PRESENT THE
RESULTS OF A SCIENTIFIC STUDY TO
PROCEED EVIDENCE FOR WATER
QUALITY STANDARD CHANGE THROUGH
THE REGULATORY PROCESS IN NEW
MEXICO.
IN NEW MEXICO IS ONE OF THREE
STATES THAT DO NOT HAVE PRIMACY,
EPA HAS PRIMACY FOR THAT.
I'LL DISCOVER USE ATTAINABILITY
ANALYSIS, STRUCTURED SCIENTIFIC
ASSESSMENT OF THE FACTORS
AFFECTING ATTAINMENT OF USES
SPECIFIED IN 101A OF THE CLEAN
WATER ACT.
THERE'S 2.2 MILES LONG, THE
REACH IS CLASSIFIED UNDER 20.6.4
NEW MEXICO ADMINISTRATIVE CODE
WITH COLDWATER AQUATIC LIFE
DESIGNATED USE.
THE PHOTO YOU SEE ON THE RIGHT
SHOWS THE WETLANDS.
THERE'S A 3.65-ACRE WET LAND IN
THE HEADWATER OF THE REACH,
SOMEWHAT -- HAS UNIQUE
CHARACTERISTICS, ACTUALLY AN
EFFLUENT DOMINATED REACH, AND
MOST OF THE WATER FROM THE REACH
IS FROM DISCHARGE FROM ONE OF
OUR OUTFALLS FROM A
CO-GENERATING POWER PLANT,
PRODUCES POWER, STEAM,
ELECTRICITY, FOR THE LABORATORY.
THIS IS ACTUALLY IF THIS WERE
NOT EFFLUENT DOMINATED, THIS
WOULD BE AN EPHEMERAL OR PERHAPS
INTERMITTENT REACH.
THE STREAM HAS FLOWED SINCE THE
1950s.
AND IT'S CURRENTLY AS I
MENTIONED DESIGNATED WITH COLD
WATER AQUATIC LIFE USE.
THAT WAS DESIGNATED IN 2005 BY
THE NEW MEXICO WATER QUALITY
CONTROL COMMISSION AND BASED ON
A STUDY OF FOUR PERENNIAL
REACHES AT THE LABORATORY.
THE WATER QUALITY CONTROL
COMMISSION LATER ADOPTED
TEMPERATURE CRITERION, ACUTE AND
CHRONIC CRITERION TO PROTECT
COLD WATER AQUATIC LIFE, AND
THEY DESIGNATED THAT ACUTE TMAX,
24 DEGREES, IS NOT TO BE
EXCEEDED AND THE CHRONIC
TEMPERATURE LIMIT WHICH WE REFER
TO AS 6T3, YOU'LL HEAR MY
MENTION THIS, 20 DEGREES
CELSIUS, AND THIS IS THE
TEMPERATURE, 6T3 IS TEMPERATURE
NOT TO BE EXCEEDED FOR 6 HOURS
IN A 24 HOUR PERIOD ON MORE THAN
THREE CONSECUTIVE DAYS.
HOWEVER, THE DATA FOR THE CANYON
SUGGESTS THIS COLDWATER AQUATIC
LIFE USE MAY NOT BE ATTAINABLE
DUE TO TEMPERATURE.
I DO NEED TO NOTE WATER IN
SANDIA CANYON IS LISTED
IMPAIRED FOR TEMPERATURE UNDER
PRESIDENT CLEAN WATER ACT 30 3D
INTEGRATED REPORT.
ON THE RIGHT IS A THERMO GRAPH
IN THE CANYON, IN THE REACH, AND
IT'S ONE OF THE KEY SETS OF DATA
I WILL GO OVER SOME THERMOGRAPH
DATA.
WE CONDUCTED ANALYSIS TO
DETERMINE THE MOST PROTECTIVE
AQUATIC LIFE USE ATTAINABLE IN
THE PERENNIAL REACH.
UNDER 40 CFR 131.10 DESIGNATED
USE NOT EXISTING USE MAY BE
REMOVED IF THE USE ATTAINABILITY
ANALYSIS DEMONSTRATES THE
DESIGNATED USE IS NOT FEASIBLE
BASED ON ONE OF SIX FACTORS
INCLUDING NATURALLY OCCURRING
POLLUTANTS CONCENTRATIONS
PREVENTING THE ATTAINMENT OF
USE.
THIS IS A MAP OF THE STUDY AREA,
FOR THE REACH.
IT'S A 2.2-MILE REACH, AS I
MENTIONED, IT STARTS ON THE WEST
SIDE OF THE MAP HERE.
THE OUTFALLS, THERE ARE THREE
OUTFALLS THAT DISCHARGE WATER
WITH THE PRIMARY OUTFALL BEING
RIGHT HERE BY THE NUMBER ONE ON
THE LEFT-HAND SIDE OF THE MAP.
AND THEN THE REACH EXTENDS DOWN
TO JUST BEYOND SIGMA CANYON DOWN
HERE.
SOME OF THE POINTS TO BRING UP
ON THIS MAP, I MENTIONED
THERMOGRAPH DATA PROVIDING A KEY
DATA SOURCE FOR USE
ATTAINABILITY ANALYSIS, OUR
EVALUATION.
THOSE ARE SHOWN BY THE RED DOTS,
1 THROUGH 6 ON THIS MAP.
AND THESE ARE DEPLOYED AT SIX
LOCATIONS OVER FIVE-YEAR PERIOD,
WE GOT GOOD DATA WE USE FOR THIS
STUDY.
ALSO, THE LABORATORY HAS A
NUMBER OF METEOROLOGICAL
STATIONS, TWO THAT OVERLAP THAT
WE USE DATA FOR AIR TEMPERATURE,
AND IN ONE OF OUR LINES OF
EVIDENCE THAT I'LL BE SLOWING
THROUGH.
THOSE ARE MET STATION ON THE
LEFT SIDE AND TA 53 ON THE
RIGHT.
PART OF THE STUDY WAS TO
EVALUATE MACROINVERTEBRATES
SHOWN BY ORANGE CIRCLE, HERE ON
THIS REACH.
AND THEN WE ALSO HAVE GAUGE
DATA, TEMPORARY GAUGES THAT WERE
INSTALLED IN THE PAST, THREE
PERMANENT GAUGES E 121, 122,
123, SHOWN BY THE TRIANGLES ON
THE MAP.
I MENTIONED THE 3.65-ACRE
WETLAND, THAT'S SHOWN HERE IN
THE STRETCH OF GREEN, IN THIS
PART OF THE REACH.
SO, I'M GOING OVER SOME OF THE
LINES OF EVIDENCE THAT WE USED
IN THE USE ATTAINABILITY
ANALYSIS, AND THE PICTURE ON THE
RIGHT IS A TOWER THAT WE USE FOR
DATA, FOR AIR TEMPERATURE DATA,
THE ONE AT TECH AREA 53, SOME OF
THE LINES OF EVIDENCE INCLUDE
THE MEASURED STREAM
TEMPERATURES, THERMOGRAPH DATA
THAT I DISCUSSED.
WE USE THE NEW MEXICO
ENVIRONMENT DEPARTMENT AIR WATER
TEMPERATURE CORRELATION MODEL,
WE LOOKED AT DISSOLVED OXYGEN
AND Ph TO MEET STANDARDS, AND
ANALYSIS OF MAXIMUM WEEKLY
AVERAGE TEMPERATURE DATA.
WE USED U.S. GEOLOGICAL SURVEY
STREAM SEGMENT TEMPERATURE MODEL
AND EVALUATED THREATENED AND
ENDANGERED SPECIES TO MAKE SURE
THAT ANY PROPOSED WATER QUALITY
CHANGES WOULD NOT INFLUENCE
THREATENED SPECIES AND DID AN
ECO-REGION ANALYSIS AND WERE
CURRENTLY UNDERGOING PART OF THE
PUBLIC PROCESS FOR REVIEW OF OUR
STUDY.
SO, LET'S GET TO THE
NITTY-GRITTY HERE.
THESE ARE THE NEW MEXICO
TEMPERATURE CRITERION FOR
AQUATIC LIFE DESIGNATED USES, AS
I MENTIONED THE REACH ITSELF IS
COLDWATER, SO FROM THE MOST
PROTECTIVE AT THE LEFT, TOP OF
THE CHART, HIGH QUALITY
COLDWATER GOING DOWN TO LESS
PROTECTED USE IS COLDWATER,
MARGINAL, COOL, WARM, AND
MARGINAL WARMWATER.
THE TEMPERATURE PARAMETERS
INCLUDE MAXIMUM TEMPERATURE,
TMAX, THE TEMPERATURE NEVER TO
BE EXCEEDED, AND CHRONIC
TEMPERATURE VALUE OF 6T3,
DEFINITION IS THE WATER
TEMPERATURE, NOT TO BE EXCEEDED
FOR 6 OR MORE CONSECUTIVE HOURS
IN A 24-HOUR PERIOD ON MORE THAN
THREE CONSECUTIVE DAYS.
I WANT TO CAVEAT THAT WE HAVE A
COUPLE OF THESE DESIGNATED USES
HAVE THE TERM MARGINAL,
COLDWATER AND WARMWATER, AND
MARGINAL IS IN REFERENCE.
IF YOU LOOK AT THE RED FOOTNOTE
TO I OF AQUATIC LIFE, LOW FLOW
OR NATURAL CONDITIONS THAT
SEVERELY LIMIT THE MAINTENANCE
OF AQUATIC LIFE.
AND FOR THIS REASON WE DON'T
REALLY BELIEVE IT'S APPLICABLE,
WE'RE STILL LOOKING AT IT.
WE'LL BE IN DISCUSSION WITH OUR
REGULATORY FOLKS, BUT MARGINAL
MAY NOT BE APPLICABLE.
WE INCLUDED IT IN OUR
CONSIDERATION.
A KEY CORNERSTONE OF OUR DATASET
IS WATER COMPANY DATA.
THAT'S KEY ELEMENT FOR ANY KIND
OF AQUATIC LIFE USE CHANGES.
AND COLLECTED A FAIRLY EXTENSIVE
SET OF WATER TEMPERATURE DATA IN
THE REACH OVER A FIVE-YEAR
PERIOD FROM 2014 TO 2018 TO
EVALUATE THE USE ATTAINABILITY.
NOW, I APOLOGIZE, THIS CHART ON
THE RIGHT IS A LITTLE HARD TO
READ.
I'VE GOT A COUPLE BLOWUPS OF THE
SAME THERMOGRAPH DATA.
THIS IS WHAT THERMOGRAPH DATA
LOOK LIKE, DEPLOYED AT SIX
LOCATIONS ALONG THE REACH, THESE
LOCATIONS VARIED A BIT OVER TIME
BASED ON DIRECTION AND
DISCUSSION WITH THE NEW MEXICO
ENVIRONMENT DEPARTMENT, AND ALSO
THEY WERE VERY -- TO BETTER
UNDERSTAND TEMPERATURE VARIATION
IN THE LOWER REACH.
THE THERMOGRAPH DATA OVER THIS
FIVE-YEAR PERIOD CONFIRMED
COLDWATER AQUATIC LIFE USE IS
NOT ATTAINABLE.
AND THAT DID INDICATE THE USE
CAN BE ATTAINED ACROSS ALL STUDY
YEARS.
AND THAT COOL WATER AQUATIC LIFE
USE CAN BE ATTAINED AT ALL
LOCATIONS DURING MOST OF THE
YEARS.
THAT HAS A MAXIMUM OF 29 DEGREES
CELSIUS.
IT MAY NOT BE APPROPRIATE FOR
THE REASONS I MENTIONED
PREVIOUSLY.
PHOTOS HERE SHOW THERMOGRAPH
DEPLOYMENT AT TWO LOCATIONS, ON
THE LEFT-HAND SIDE IS AT THE
e-123 MEASURING FLOW, AND
THERMOGRAPH IS IN THIS HOUSING
SHOWN WITH THE LITTLE RED PIPE
STICKING UP, THE GAUGE IS THIS
DEVICE HERE WITH THE GAUGE
EQUIPMENT.
ON THE RIGHT IS THERMOGRAPH
DEPLOYED AT LOCATION WE CALL
CROSSING.
THIS IS THE THERMOGRAPH DATA
THAT WE COLLECTED, THIS IS THE
TEMPERATURES MEASURED AT e-123
DURING THE SUMMER OF 2017.
Y-AXIS IS DEGREES CELSIUS,
X-AXIS IS DATE THROUGH SUMMER
MONTHS.
HEAVY BLUE LINE REPRESENTS THE
ACTUAL STREAM TEMPERATURE FROM
THE THERMOGRAPH DATA, SO THAT IS
THE DATASET FROM THE
THERMOGRAPHS, AND THE HEAVY BLUE
20 DEGREES IS 6T 3 CHRONIC
TEMPERATURE LIMIT FOR COLDWATER.
YOU CAN SEE STREAM TEMPERATURES
TOP THAT 6T3 CHRONIC LIMIT.
THE TMAX FOR COOL WATER IS 29
DEGREES, SHOWN BY THIS ORANGE
LINE HERE.
I WANT TO POINT OUT THAT THE
GRAY TEMPERATURE VARIATIONS ARE
AIR TEMPERATURE, SO THERE'S A
CLOSE CORRELATION BETWEEN THE
AIR TEMPERATURE AND WATER
TEMPERATURE, THIS IS ANOTHER
THERMOGRAPH DATASET, THIS IS
FURTHER DOWNSTREAM ON THE REACH,
E123, SANDIA DURING THE SAME
TIME PERIOD.
YOU CAN SEE A NUMBER OF TIMES
WHERE THE TEMPERATURE OF THE
STREAM ITSELF TOPPED THE 20
DEGREES 6T3 CHRONIC LIMIT.
MORE THAN JUST THREE DAYS.
IF YOU LOOK AT THESE ANALYSIS,
THERE ARE TIMES WHEN WE ARE
EXCEEDING COLDWATER AQUATIC LIFE
USE BASED ON THERMOGRAPH DATA
ALONE.
THIS IS THE SUMMER, QUITE
NOTICEABLE THE TEMPERATURES HAVE
SHIFTED DOWN A LITTLE BIT.
IN FACT IN THE LOWER REACH OF
THE CANYON WE DO OBSERVE LOWER
TEMPERATURES NEAR THE FAR END OF
THE REACH.
AND WE BELIEVE THIS IS DUE TO
CHANGES IN THE CANYON
CHARACTERISTICS, DIRECTIONS
CHANGE, THERE'S MORE SHADING,
IT'S DEEPER IN AND RESULT IS
THAT THERE ARE COOLER WATER
TEMPERATURES.
WE DID DO EVALUATION TO MAKE
SURE THERE WAS NOT GROUND WATER
INFLUX, CAUSING THOSE
TEMPERATURE CHANGES, AND THERE
IS NO EVIDENCE THAT THIS IS FROM
GROUND WATER.
I CAN PRESENT THAT, I'LL DISCUSS
THAT FURTHER LATER ON.
ONE OF OUR KEY MODELS WE USE WAS
WHAT WE CALL THE AIR WATER
TEMPERATURE CORRELATION MODEL,
THIS MODEL WAS DEVELOPED BY THE
NEW MEXICO ENVIRONMENT
DEPARTMENT, IN 2011.
AND IT'S USED TO DETERMINE
STREAM CLASSIFICATIONS AND
ATTAINABLE USE CATEGORIES, A
GOOD MODEL, BASICALLY IN THIS
STUDY IN 2011, AIR TEMPERATURES,
JULY AVERAGES WERE CORRELATED
WITH WATER TEMPERATURES AT 293
LOCATIONS ACROSS THE STATE OF
NEW MEXICO.
THE PLOT ON THE RIGHT SHOWS
CORRELATIONS ALONG WITH
PROBABILITY DISTRIBUTIONS AND
REALLY ONE OF THE KEY FINDINGS
OF THIS STUDY WAS THAT THE
MAXIMUM WEEKLY AVERAGE WATER
TEMPERATURE WHICH I CALL MWAT IS
BASICALLY EQUAL, CLOSELY
CORRELATE AND QUALITY TO JULY
AVERAGE AIR TEMPERATURE.
THIS IS USEFUL BECAUSE A LOT OF
TIMES IT'S EASIER TO MEASURE AIR
TEMPERATURE THAN WATER
TEMPERATURE, IF YOU'RE LOOKING
AT THESE STUDIES IN DIFFERENT
PARTS OF THE STATE.
SO REALLY AIR TEMPERATURE CAN BE
USED TO ESTIMATE WHICH AQUATIC
LIFE BENEFICIAL USE IS
ATTAINABLE.
AND WE DID THAT OF COURSE ALONG
WITH OUR WATER TEMPERATURE DATA.
WE TOOK AIR TEMPERATURE DATA
FROM TWO STATIONS, SHOWN ON THE
RIGHT, TECH AREA 6 AND TECH AREA
53, AND WE LOOKED AT ALSO U.S.
DEPARTMENT OF AGRICULTURE
CLIMATOLOGICAL DATASET, PRISM,
WHICH PROVIDES DATA ACROSS THE
UNITED STATES BASED ON THOUSANDS
OF CLIMATE METEOROLOGICAL DATA
STATIONS COLLECTED DAILY AND
PROVIDE AVERAGE AIR TEMPERATURE,
MIN, MAX, SO WE USE THAT IN
ADDITION TO ACTUAL MET STATION
DATA, LOOKING AT FIVE YEARS OF
DATA FROM 2014 THROUGH 2018, AND
BASED ON THIS MODEL THE MODEL
PREDICTED THAT WATER
TEMPERATURES IN SANDIA CANYON
SHOWED COLDWATER AQUATIC LIFE
USE DESIGNATED IS NOT ATTAINABLE
AND MARGINAL WARM WATER COULD BE
CONSISTENTLY ATTAINED.
I'VE MENTIONED CAVEATS WITH THE
TERM MARGINAL, BUT BASICALLY
BASED ON TEMPERATURE ALONE THOSE
AQUATIC LIFE USES COULD BE
ATTAINED.
LET ME SHOW HOW THE DATA LOOKED
WHEN WE APPLIED THIS MODEL.
THE AVERAGE JULY AIR TEMPERATURE
ARE SHOWN IN FOUR COLUMNS ON THE
LEFT-HAND SIDE OF THE TABLE.
THE TWO FROM PRISM ARE THE FIRST
TWO SETS OF COLUMNS.
AND GOING DOWN ON THE LEFT SIDE
ARE THE YEARS THAT THESE DATA
WERE COLLECTED.
SO IT GOES FROM 2014 TO 2018.
THE PRISM DATA, FIRST TWO,
MEETOLOGYICAL STATION DATA ARE
NEXT TWO COLUMNS, FOR JULY
AVERAGE AIR TEMPERATURE.
FROM THAT PARAMETER WE WERE ABLE
TO CALCULATE.
NEXT SET IS 6T3 PARAMETER, BASED
ON PRISM DATA AND LANL METADATA.
I INCLUDED THE TABLE I
REFERENCED EARLY, YOU DON'T HAVE
THAT MEMORIZED YET, THAT INSET
IN THE BOTTOM THERE IF YOU WANT
TO REFERENCE TO IT.
THE MAXIMUM TEMPERATURE NOT TO
BE EXCEEDED IS CALCULATED ON THE
RIGHT.
BASED ON THIS WE COULD DETERMINE
A PROJECTED ATTAINABLE USE BASED
ON AIR TEMPERATURE DATA.
FAR COLUMN, BASICALLY IT MET
COOL WATER FOR A COUPLE YEARS,
WARM FROM 2016 TO 2018.
WE USED ANOTHER APPROACH BASED
ON THE SAME AIRWATER TEMPERATURE
CORRELATION MODEL, USING MAXIMUM
WEEKLY AVERAGE WATER TEMPERATURE
ANALYSIS.
THIS IS REALLY DIRECTLY TYING
INTO THE THERMOGRAPH DATA AND
MWAT, THESE VALUES WERE USED TO
PREDICT 6T3 BASED ON EQUATIONS
IN THAT STUDY FROM 2011.
THESE ARE EQUATIONS, I WILL
SPARE YOU THE PAIN OF READING
THEM ALOUD.
THEY ARE HIGHLIGHTED IN THAT
PAPER, AND BASED ON THIS
ANALYSIS OF MAXIMUM WEEKLY
AVERAGE TEMPERATURE DATA, IT
SUGGESTED COOL WATER AQUATIC
LIFE USE IS TYPICALLY ATTAINABLE
FOR UPPER SANDIA CANYON.
HERE'S A TABLE WITH THOSE
EQUATIONS WHERE WE TOOK WATER
TEMPERATURE VALUES, COLUMN ON
THE LEFT, FOR EACH OF THE
THERMOGRAPH LOCATIONS,
THERMOGRAPHS INSTALLED AT BELOW
OUTFALL, BELOW SERF THROUGH THIS
TABLE, THE YEARS THE DATA WERE
COLLECTED, WE TOOK THE MAXIMUM
WEEKLY AVERAGE TEMPERATURE AND
USING THOSE EQUATIONS I SHOWED
EARLIER WE CALCULATED 6T3 AND
TMAX, THE PREDICTED USE IS COOL
WATER, ALL THE WAY DOWN THE
REACH EXCEPT FOR ONE YEAR AT THE
FURTHEST DOWNGRADANT PART OF THE
REACH WHERE I MENTIONED WATER
TEMPERATURES TEND TO RUN COOLER,
IT MET COLDWATER CRITERION.
WE LOOKED AT DISSOLVED OXYGEN
AND PH, WE WANTED TO MAKE SURE
THERE WAS NOT IMPAIRMENT BASED
ON DISSOLVED OXYGEN OR PH
CONCENTRATIONS AND LOOKED AT
FOUR YEARS OF DISSOLVED OXYGEN
DATA THAT WERE COLLECTED FROM
2016 TO 2019, DURING OUR ROUTINE
MONITORING PROGRAM.
AND THESE WERE COLLECTED AT
LOCATIONS ADJACENT TO THREE
GAUGES, AND DURING THIS PERIOD
DISSOLVED OXYGEN CONCENTRATIONS
WERE GREATER THAN 6 MILLIGRAMS
PER LITER AND SO IF YOU CAN SEE
THIS INSET HERE, IN THE PLOT,
DISSOLVED OXYGEN MET ALL
CRITERION FROM HIGH QUALITY COLD
WATER, COLD WATER, MARGINAL,
WARM.
AT THREE GAUGE LOCATIONS PH
CONCENTRATIONS RANGE FROM 7.43
TO 8.8 DURING THIS PERIOD.
SO AGAIN Ph MET CRITERION,
Ph WAS NOT LIMITING EITHER.
WE LOOKED AT LINES OF EVIDENCE,
INCLUDING U.S.GS MODEL, SSTEMP
AND FACTORS THAT INFLUENCED
THOSE STREAM TEMPERATURES.
ECO-REGION ANALYSIS SHOWED NO
SIGNIFICANT -- THERE WERE NO
SURPRISES THERE.
WE DID ENDANGERED SPECIES
ANALYSIS, AND THEY LOOKED AT
MACRO INVERTEBRATES.
THERE ARE THREE IN THE AREA, AT
LOS ALAMOS, MEXICAN SPOTTED OWL,
SALAMANDER AND SOUTHWESTERN
WILLOW FLY CATCHER, NONE OF
THESE WOULD BE IMPACTED BY ANY
PROPOSED WATER QUALITY CHANGES.
THIS IS A SUMMARY SLIDE SHOWING
RESULTS FROM OUR SSTEMP
MODELING, WE RAN FOUR DATASETS
RANGING FROM 2007 TO 2017 TO
PREDICT STREAM TEMPERATURES, AND
LOOKING AT DIFFERENT SCENARIOS,
OBJECTIVE OF USING THE MODEL WAS
TO DETERMINE IF THERE WAS
EVIDENCE OF SIGNIFICANT INFLUX
OF GROUNDWATER INFLOW ALONG THE
REACH WHICH MIGHT EXPLAIN THE
COOLER TEMPERATURES IN THE LOWER
PART OF THE REACH AND ALSO THAT
WOULD PERHAPS CAUSE PROBLEMS
WITH THE ASSUMPTION IN AIR-WATER
TEMPERATURE CORRELATION MODEL.
RESULT DID SHOW THAT GROUNDWATER
INFLUX IS NOT A SIGNIFICANT
FACTOR HERE BUT WHAT'S USEFUL
WITH THE SSTEMP MODEL IT GIVES A
SENSITIVITY ANALYSIS AND TABLE
ON THE RIGHT IS SENSITIVITY
ANALYSIS FROM ONE OF OUR RUNS,
AND BASICALLY SHOWS SOME OF THE
INPUT PARAMETERS HERE, RANGING
FROM, YOU KNOW, THEY ARE ALL
LISTED HERE, AND RELATIVE
SENSITIVITY OF THOSE PARAMETERS
WITH RESULTING TEMPERATURE
PREDICTED IN THE STREAM.
AND BY FAR THE HIGHEST
SENSITIVITY WAS TO THE AIR
TEMPERATURE.
SO BASICALLY AIR TEMPERATURE IS
REALLY A KEY DRIVING FACTOR FOR
THE WATER TEMPERATURES IN THAT
REACH.
THERE ARE SOME OTHER PARAMETERS
THAT DID HAVE INFLUENCE, NOT
QUITE AS MUCH, THOSE INCLUDE
INFLOW TEMPERATURE, RELATIVE
HUMIDITY, AND POSSIBLE SUN AND
SHADING ALL SHOWED LESSER
INFLUENCE BUT DO SHOW THEY DO
AFFECT TEMPERATURE OF THE WATER.
I MENTIONED ECO-REGION ANALYSIS,
SANDIA CANYON IS IN A TRANSITION
ZONE ECO-REGION, SHOWN BY THIS
LIGHTER GREEN AREA HERE.
WE LOOKED AT THERMOGRAPH DATA
DURING JULY OF 2017, FOR THREE
STREAMS, ONE IS IN TRANSITION
ZONE, ONE IN UPPER WATER CANYON
IN THE FOOTHILLS OF THE MOUNTAIN
RANGE, ON THE WEST SIDE, AND ONE
XERIC, WARMER TEMPERATURES.
YOU SEE JULY TEMPERATURES FOR
THESE THREE STREAMS WITH XERIC
DATA IN RED.
THEY TOP OUT HIGH THERE.
THE SANDIA CANYON REACH IS GREEN
MIDDLE ZONE AND THEN THE COOLER
MOUNTAIN REACH IS SHOWN IN BLUE
HERE.
AND THIS IS BASICALLY CONSISTENT
WITH RESULTS OF THE OTHER LINES
OF EVIDENCE THAT THIS REACH,
SANDIA CANYON IS IN A TRANSITION
ZONE THAT'S TYPICAL OF COOLWATER
AQUATIC LIFE USE PER SOME OF THE
RESEARCH OUT THERE, AND
COLDWATER HIGH QUALITY WOULD BE
EXPECTED IN THE MOUNTAIN AREA,
AND WARMWATER MARGINAL WOULD BE
EXPECTED IN THE XERIC REGION AS
INDICATED BY ANCHO CANYON.
LET'S WRAP THIS UP AND HAVE TIME
FOR QUESTIONS.
THE CURRENT DESIGNATED USE FOR
UPPER SANDIA CANYON AU IS
COLDWATER, WHAT WAS DESIGNATED
FOR THE REACH AT THIS TIME BUT I
HAVE SHOWN THAT THERE ARE
MULTIPLE LINES OF EVIDENCE THAT
INDICATE THIS COLDWATER AQUATIC
LIFE USE IS NOT ATTAINABLE.
HIGHEST ATTAINABLE DESIGNATED
USE IN THE UPPER SANDIA CANYON
IS COOLWATER WITH TMAX CRITERION
OF 29 DEGREES CELSIUS.
AVERAGE AIR TEMPERATURES HAVE
GREATEST INFLUENCE OVER THE
STREAM TEMPERATURES AND
RESULTING ATTAINABLE USE.
ON THE RIGHT YOU SEE THE PHOTO
TAKEN FROM A LOWER PORTION OF
THAT REACH, I THINK NEAR SIGMA
CANYON.
TEMPERATURE DATA WE COLLECTED AT
MULTIPLE LOCATIONS OVER A
FIVE-YEAR PERIOD SHOWED THE WARM
WATER USE CAN BE ATTAINED ACROSS
ALL STUDY YEARS AND COOLWATER
USE ATTAINED AT ALL LOCATIONS
DURING MOST OF THE YEARS.
pH MEASUREMENTS ALONG THE
REACH SHOW THEY ARE CONSISTENTLY
MEETING THE CRITERION FOR COLD
WATER AND COOL WATER USES.
THE AIR TEMPERATURE IS REALLY
THE DRIVING FACTOR CONTROLLING
ATTAINABLE USE, AND BASED ON OUR
ANALYSIS AND STUDY THE MOST
PROTECTIVE AND APPROPRIATE AND
ATTAINABLE DESIGNATED USE FOR
UPPER SANDIA CANYON IS COOLWATER
AQUATIC LIFE USE.
>> THERE WAS A QUESTION ABOUT
ALTITUDE, I'M SORRY, ALTITUDE.
SOMEONE ASKED ABOUT WAS THIS IN
THE MOUNTAINS OR DO YOU KNOW THE
APPROXIMATE ALTITUDE OF THIS
STUDY AREA?
IS IT LIKE 5,000 FEET OR MORE
LIKE SEA LEVEL OR HALFWAY?
>> THIS IS DEFINITELY IN THE NEW
MEXICO MOUNTAIN AREA.
AND IT'S APPROXIMATELY 6,000
FEET PROBABLY.
>> OKAY.
OKAY.
YEAH, BECAUSE I THINK WHAT THE
QUESTIONER WAS GETTING AT WAS
THAT MAYBE THE AIR TEMPERATURE
AND ALSO STREAM TEMPERATURE WAS
SOMEHOW INFLUENCED BY THE FACT
THAT IT WAS UP IN THE MOUNTAINS
WHERE IT MIGHT BE COLDER.
I DON'T KNOW IF THAT --
>> THAT'S DEFINITELY A FACTOR,
ELEVATION CLEARLY CONTROLS THE
TEMPERATURE THERE.
THAT'S WHY WHEN WE DID THE
ECO-REGION ANALYSIS IT SHOWED
THE HIGH MOUNTAIN STREAM HAD A
DEFINITE COLDER AQUATIC LIFE USE
THAT COULD BE ATTRIBUTED TO
VERSUS TRANSITION ZONE WHICH
REALLY MOST APPROPRIATE WAS COOL
WATER AND THEN DEEPER DOWN AT
ANCHO CANYON IT'S LOWER AND
WARMER STREAM TEMPERATURES.
>> THE OTHER QUESTION, I THINK
YOU KNOW MORE ABOUT THIS THAN I
DO, I'M GOING TO ASK YOU WHAT
YOU THINK OF IT.
THE PERSON WAS SAYING THE
TEMPERATURE IN CELSIUS VERSUS
FAHRENHEIT, I GATHER THE REGS
ARE ALL IN CELSIUS?
WHEN YOU PRESENTED YOU WERE
SAYING THIS IS 25 DEGREES C
VERSUS 74 F.
WHAT ABOUT THE C VERSUS THE F?
SOMEBODY WAS GETTING CONFUSED.
>> THAT MAY HAVE BEEN A SLIP ON
MY PART.
OUR REGULATIONS ARE HIGHLIGHTED
IN 20.6.4 NEW MEXICO
ADMINISTRATIVE CODE,
TEMPERATURES THAT ARE REFLECTED
IN EACH OF OUR SEGMENTS ARE IN
CELSIUS.
SO I APOLOGIZE IF I WENT BACK
AND FORTH.
I'M STILL WORKING TO TRANSITION
BETWEEN CELSIUS AND FAHRENHEIT,
REGULATIONS ARE IN CELSIUS.
>> WHEN YOU SAID 25, MAYBE YOU
SAID 20, THEN CONVERTED, ONE OF
THEM, TO FAHRENHEIT, 64.
>> I'M SORRY.
>> YEAH, OKAY.
SOMEONE WAS GETTING LOST BETWEEN
THE TWO.
>> I PRESENTED A LOT OF
MATERIAL, I UNDERSTAND.
>> THAT WAS THE TWO QUESTIONS WE
HAD, JESS, ON THIS SEGMENT.
>> GREAT.
THANK YOU SO MUCH.
VERY INTERESTING STUDY.
THANK YOU.
>> THANK YOU.
>> NEXT WE HAVE A SECOND
PRESENTATION ON UNDERGROUND
STORAGE TANKS WITH AN ENGINEER
OFFICE OF UNDERGROUND STORAGE
TANKS, PRIOR HE WORKED WITH NEW
YORK DEPARTMENT OF ENVIRONMENTAL
CONSERVATION WHERE HE WORKED
WITH UNDERGROUND AND ABOVE
GROUND STORAGE TANKS FOR 35
YEARS.
RUSS, PLEASE TAKE IT AWAY.
>> THANK YOU.
CAN YOU SEE MY SLIDES OKAY?
>> YES, WE CAN.
>> GREAT.
TODAY I'M GOING TO TALK ABOUT
THE NEW UST REGULATIONS BUT HAD
TO PUT NEW IN QUOTATION MARKS
BECAUSE THEY WERE ADOPTED IN
2015, WHICH MEANS THEY ARE NOT
COMING UP ON 7 YEARS OLD AND
SOME POINT WE'RE GOING TO STOP
CALLING THEM NEW.
A QUICK ROAD MAP I'M GOING TO
TAKE A SHORT PERIOD OF TIME AND
TALK ABOUT THE HISTORY OF THE
REGULATIONS AND THEN TRANSITION
QUICKLY TO A SHORT DISCUSSION OF
APPLICABILITY AND MOST OF THE
TIME LOOKING AT THE REQUIREMENTS
OF THE REGULATIONS, PUTTING IT
IN CONTEXT OF THE ENTIRE PROGRAM
WITH A FOCUS ON THE NEW
REGULATIONS THAT CAME OUT IN
2015.
WE'LL THEN FINISH UP WITH A
DISCUSSION ON SOME COMMON
VIOLATIONS, FACILITIES OR
OPERATORS HAVING PROBLEMS WITH.
SO, THE QUICK THINGS,
REGULATIONS, GO BACK TO 1988.
EVER SINCE THE BEGINNING OF THE
PROGRAM IT HAS ALWAYS BEEN
DESIGNED TO BE PRIMARILY
IMPLEMENTED BY THE STATES.
SO WE'LL TALK ABOUT THAT A
LITTLE BIT MORE.
THE REGULATIONS DIDN'T REALLY
GET REVISED VERY MUCH UNTIL THE
ENERGY POLICY ACT OF 2005 CAME
ALONG, THEN THE REGS CAME OUT IN
FINAL IN 2015.
WHAT DOES THIS MEAN?
IN TERMS OF STATE PROGRAM
APPROVAL, THIS IS THE IMPORTANT
MESSAGE, IF YOU HAVE YOUR TANKS,
IN A STATE WITH STATE PROGRAM
APPROVAL, THEN YOU NEED TO PAY
ATTENTION TO WHAT THE STATE
REQUIRES BECAUSE OF THE WAY THE
PROGRAM IS SET UP, BECAUSE IT'S
PRIMARILY IMPLEMENTED THERE,
SOME OF THE STATES MAY BE
CONSIDERABLY DIFFERENT THAN THE
FEDERAL REQUIREMENTS.
AND SO YOU HAVE TO KNOW WHAT
YOUR FEDERAL VERSUS STATE
REQUIREMENTS ARE.
IF ON THE OTHER HAND YOU HAVE
YOUR FACILITY, YOUR TANKS, A
STATE WITHOUT STATE PROGRAM
APPROVAL, CONGRATULATIONS, YOU
HAVE TO COMPLY WITH BOTH SETS OF
REGULATIONS.
EVERY STATE HAS AN UNDERGROUND
TANK PROGRAM WITHOUT STATE
PROGRAM APPROVAL THEN YOU HAVE
TO FIGURE OUT HOW TO COMPLY WITH
BOTH SETS OF REGULATIONS.
IF YOU DO HAPPEN TO HAVE A
FACILITY IN INDIAN COUNTRY, THE
STATE REGULATIONS DO NOT APPLY.
YOU PAY ATTENTION TO FEDERAL
REQUIREMENTS.
LET'S TALK ABOUT HOW DO WE KNOW
IF YOU GOT A STATE WITH APPROVED
PROGRAM?
SO, ON OUR WEBSITE WE DO PROVIDE
A MAP, THAT SHOWS THESE PRETTY
COLORS.
BLUE ARE THE STATES THAT HAVE
BEEN UPDATED TO HAVE APPROVALS
UNDER THE 2015.
GREEN STATES ARE ONES THAT HAVE
THE OLDER REQUIREMENTS, OLDER
STATE PROGRAM APPROVAL.
AND THEN THE STATES THAT AREN'T
COLORED ARE THOSE THAT YOU HAVE
TO COMPLY WITH STATE AND FEDERAL
REGULATIONS.
EARLIER MARYLAND WAS HERE
TALKING ABOUT THEIR STATE
PROGRAM, AND THEY ARE STILL IN
PROCESS.
YOU'LL NOTICE THAT THEY ARE IN
GREEN.
AND SO THEY HAVE AN APPROVAL
FROM 1988, THEY ARE STILL
WORKING THROUGH THE PROCESS TO
GET REGULATIONS AND APPROVAL
UNDERNEATH THE 2015 PROGRAM.
SO, WHAT I'M GOING TO DO IS
FOCUS REALLY ON THE FEDERAL
REQUIREMENTS, BUT AGAIN KEEP IN
MIND YOU NEED TO KNOW WHAT YOUR
STATE REQUIREMENTS ARE, A LOT OF
TIMES THEY ARE SIMILAR BUT THERE
ARE TIMES IT'S GOING TO BE
CONSIDERABLY DIFFERENT.
ALL RIGHT.
THAT'S THE HISTORY.
QUICK RUNDOWN ON APPLICABILITY,
SO HOPEFULLY EVERYONE KNOWS THAT
THE UNDERGROUND TANKS PROGRAM
DEALS WITH TANKS LARGER THAN 110
GALLONS IN SIZE, 10% OR MORE
VOLUME UNDERGROUND, STORING
REGULATED SUBSTANCES MOSTLY
PETROLEUM AND NOT OTHERWISE
EXEMPT OR EXCLUDED.
WE'LL TALK ABOUT THAT IN A
MOMENT.
BUT GENERALLY PEOPLE WHEN THEY
THINK OF UNDERGROUND PROGRAM
THINK OF GAS STATIONS AND
VEHICLE FUELING FACILITIES.
AND THAT'S PROBABLY VERY
APPROPRIATE.
70%, MAYBE 80% OF THE PROGRAM
ARE OF THIS TYPE.
BUT PARTICULARLY WITH FEDERAL
FACILITIES, THEY HAVE SOME FUEL
CONSTRUCTED TANKS AND SOME
THINGS THAT ARE EXTREMELY
DIFFERENT THAN A MOTOR VEHICLE
FUELING FACILITY, AND THOSE HAVE
TO COMPLY WITH REQUIREMENTS AS
WELL.
SO, THINK BROADLY DON'T THINK
JUST OF MOTOR VEHICLE FUELING
TYPE FACILITIES.
WE TALKED ABOUT THOSE TANKS THAT
ARE COVERED IF THEY ARE NOT
OTHERWISE EXEMPT OR EXCLUDED.
THERE'S REALLY SIX MAJOR
EXEMPTIONS AND EXCLUSIONS, MOST
OF THEM ARE PRETTY NUANCED.
THE TOP BULLET POINT IS REALLY
THE ONLY ONE THAT IS COMMONLY
OUT THERE, AS LONG AS HEATING
OIL IS USED ON THE PREMISE IT'S
NOT COVERED BY THESE REGULATIONS
KEEPING IN MIND STATES CAN BE
STRANGENT, THE STATE COULD
INCLUDE THOSE IN THE PROGRAM.
I WANT TO TURN TO THE ACTUAL
REQUIREMENTS.
I'M GOING TO COMBINE THESE
TOGETHER SO I'M GOING TO TALK
ABOUT THINGS THAT HAVE BEEN IN
PLACE SINCE THE BEGINNING OF THE
PROGRAM AND WE'LL TALK ABOUT
WHAT CHANGED IN 2015.
SO FROM THE BEGINNING OF THE
PROGRAM TANKS GOING IN THE
GROUND HAD TO BE PROTECTED FROM
CORROSION.
STEEL OR FIBERGLASS, THERE'S
DIFFERENT WAYS THAT COULD BE
DONE.
APPLIED TO THE PIPING AS WELL.
STEEL WAS COMMON, TRANSITIONED
TO FIBERGLASS, NOW OF NOW USING
FLEX PIPE, ACCEPTABLE PIPING,
PROTECTED FROM CORROSION, STEEL
BEING PROTECTED BY CATHOTIC
PROTECTION.
FROM THE BEGINNING EVERYBODY HAD
TO GET EQUIPMENT WITH SPILL AND
OVERFILL PROTECTION.
SPILL PREVENTION IS THE BUCKET
THAT GOES AT THE FILL PORT, THEY
MAKE SURE THAT ANY DRIPS OR
SPILLS FROM THE HOSE GETS
COLLECTED AND DOESN'T GO TO THE
ENVIRONMENT.
OVERFILL IS THOSE DEVICES THAT
ARE USED TO MAKE SURE THAT YOU
DON'T OVERFILL THE TANK.
THERE'S A FLAPPER VALVE THAT
AUTOMATICALLY SHUTS OFF, HIGH
LEVEL ALARM, AND BALL FLOAT
VALVE.
UNDERSTAND THAT HERE'S THE FIRST
CHANGE FROM 2015, WHILE THE BALL
FLOAT WAS ACCEPTED IN THE PAST
IT IS NOT ACCEPTED FOR A NEW
INSTALLATION GOING FORWARD.
THE OTHER THING FROM THE
BEGINNING OF THE PROGRAM WAS
RECOGNITION YOU CAN HAVE THE
BEST EQUIPMENT BUT NEEDS TO BE
PROPERLY INSTALLED IN ORDER TO
MAKE SURE YOU'RE NOT GOING TO
HAVE LEAKS AND SPILLS.
THERE'S DIFFERENT CODES OF
PRACTICES REQUIRED TO BE
FOLLOWED TO MAKE SURE THAT IT
WAS INSTALLED PROPERLY.
SO THEN WE MOVE FORWARD TO 2015.
WHAT CHANGED IN THE EQUIPMENT
REQUIREMENTS WITH 2015?
THERE'S A COUPLE THINGS.
ONE IS THE UNDERDISPENSER
CONTAINMENT, IF YOU HAVE A MOTOR
FUEL VEHICLE FACILITY,
DISPENSER, YOU HAVE A DISPENSER
CONTAINMENT THAT WOULD CATCH
DRIPS OR LEAKS FROM THE PIPING
CONNECTIONS UNDER DISPENSER.
THAT APPLIES TO ANYTHING THAT
WAS NEW OR REPLACED AFTER APRIL
2016.
THE OTHER REQUIREMENT THAT CAME
IN WAS SECONDARY CONTAINMENT.
EPA USED TO ALLOW SINGLE WALL
TANKS AND PIPING BUT NOW GOING
FORWARD ALL NEW AND REPLACED
TANKS AFTER APRIL 16 HAVE TO
HAVE SECONDARY CONTAINMENT AND
THE RELEASE DETECTION METHOD HAS
TO BE INTERSTITIAL MONITORING.
OPERATIONAL REQUIREMENTS, SO
BREAKING THE REGS APART WE HAD
EQUIPMENT AND NOW OPERATIONS.
WHAT'S REQUIRED TO OPERATE THE
TANKS SAFELY?
ONE OF THE THINGS IS MAKE SURE
THAT YOU PREVENT OVERFILLS WHEN
YOU GET A DELIVERY USING PROPER
PROCEDURES, CAN HAVE ALL THE
BEST EQUIPMENT THERE, BUT YOU
CAN STILL HAVE LEAKS AND SPILLS.
CATHOTIC PROTECTION IS
MONITORED, YOU CAN HAVE GREAT
EQUIPMENT BUT COULD FAIL.
THERE'S REQUIREMENT FOR
CONDUCTING RELEASE DETECTION IN
TANKS AND PIPING, THERE WOULD BE
EQUIPMENT IN PLACE TO LOOK FOR
THESE LEAKS, ON A MONTHLY BASIS,
PRESSURIZED PIPING, LINE LEAK
DETECTOR PLUS ANOTHER FORM OF
LEAK DETECTION, TWO FORMS OF
DETECTION REQUIRED.
SUCTION PIPING COULD BE EXEMPT
OR HAVE MONTHLY MON --
MONITORING, IN PLACE SINCE THE
BEGINNING OF THE PROGRAM.
WHAT HAPPENED IN THE OPERATIONAL
REQUIREMENT WITH THE 2015?
WELL, THERE'S SIX REQUIREMENTS
THAT GOT ADDED TO THE
REGULATIONS, WE'LL TAKE ACTUALLY
A LITTLE BIT SLOWER WALK THROUGH
THESE SIX BECAUSE THEY ARE WHERE
THE BIGGEST CHANGES TO THE
REGULATIONS OCCURRED.
COMPATIBILITY WAS THE FIRST
THING THAT WE'LL TALK ABOUT.
THERE'S THREE CHANGES THAT
OCCURRED, ONE IS IF YOU'RE GOING
TO STORING MORE THAN e-10 OR
B-20 ETHANOL AND BIODIESEL.
THAT YOU HAVE TO NOTIFY AND NOT
ONLY THAT THERE HAD TO BE A
DEMONSTRATION OF COMPATIBILITY
OF ALL COMPONENTS WITHIN THE
TANK SYSTEM.
AND THERE HAD TO BE RECORDS THAT
HAD TO BE KEPT TO DEMONSTRATE
THAT TO ANYBODY THAT COMES ALONG
TO DO THE INSPECTION.
SO WHAT DOES THAT LOOK LIKE?
EXAMPLES, YOU COULD GET THAT
FROM INDEPENDENT LAB
CERTIFICATION, I.E. U.L. WOULD
ISSUE TESTING RESULTS THAT
SHOWED EACH COMPONENT IS
ACCEPTABLE, OR THE MANUFACTURER
COULD DO THEIR OWN TESTING AND
PROVIDE AFFIRMATIVE STATEMENT OF
COMPATIBILITY.
EITHER WAY, THERE NEEDS TO BE
SOME DOCUMENTATION.
WITH EVERYTHING THAT'S GOING ON
NOWADAYS THERE'S BEEN LOTS OF
DISCUSSIONS ABOUT MAKING e-15
MORE READILY AVAILABLE.
THAT'S FINE BUT THERE IS A NEED
TO HAVE THE DEMONSTRATION IN
COMPATIBILITY.
IF YOU'RE GOING TO BE DOING THIS
WORK YOURSELF OR HAVE A
CONTRACTOR COME IN, THEY WILL
HAVE TO LOOK AT EACH COMPONENT,
FIND OUT WHO THE MANUFACTURER
IS, WHO THE MODEL IS OF THAT
PIECE OF EQUIPMENT, LOOK AT THE
CERTIFICATION AND LISTINGS,
TRYING TO MAKE SURE THAT WE KNOW
THAT THAT EQUIPMENT WILL BE ABLE
TO STORE THAT FUEL
APPROPRIATELY.
THERE'S A LOT OF EQUIPMENT OUT
THERE THAT IS NOT LISTED OR
RECOGNIZED FOR e-15, SO KEEP
THOSE TIMES OF THINGS IN MIND IF
YOU'RE GOING TO GO TO e-15
MAKE SURE YOU PROVIDE PLENTY OF
TIME TO POTENTIALLY DO A LITTLE
BIT OF UPGRADES TO THAT
EQUIPMENT TO MAKE SURE THAT IT
CAN BE STORED SAFELY.
ANOTHER OPERATIONAL REQUIREMENT
CHANGE DEALT WITH SPILL BUCKET,
SPILL PREVENTION EQUIPMENT, AND
REQUIREMENT THAT IT BE TESTED
ONCE EVERY THREE YEARS TO MAKE
SURE THAT IT ACTUALLY IS LIQUID
TIGHT, WILL HOLD SPILLS WHEN THE
TRANSFER HOSE IS DISCONNECTED.
THERE'S AN EXEMPTION IF YOU GET
THE NEWEST SPILL BUCKET OUT
THERE THAT'S DOUBLE WALLED, AND
YOU MONITOR INTEGRITY OF THE
BOTH WALLS, YOU ONLY HAVE TO DO
THE TEST EVERY THREE YEARS.
OTHER THAN THAT, IT'S REQUIRED
UNDER THE FEDERAL REQUIREMENTS,
DONE AT INSTALLATIONS STARTING
IN 2015, AND THEN EVERY THREE
YEARS THEREAFTER, SO 2018 WOULD
HAVE BEEN THE FIRST MANDATORY
REQUIREMENT FOR THE OLDER
SYSTEMS.
RECORDS HAVE TO BE KEPT.
MAKE SURE YOU KNOW THAT YOU CAN
DEMONSTRATE THAT THAT HAS BEEN
TESTED APPROPRIATELY.
SIMILAR TO SPILL BUCKET TESTING
IS SUMP TESTING.
CONTAINMENT SUMPS WHERE THE
SUMPS ARE USED FOR PIPING
INTERSTITIAL MONITORING, YOU
CAN'T REALLY KNOW THAT YOU'VE
GOT GOOD RELEASE DETECTION IN
PLACE, IF WHEN THE PRODUCT
DRAINS BACK TO CONTAINMENT SUMP
IT DOESN'T GET CONTAINED AND
DETECTED SO THERE'S A
REQUIREMENT AGAIN THAT IT BE
TESTED TO SHOW IT'S LIQUID TIGHT
SO IT CAN DETECT ANY PRODUCT
THAT'S LEAKED INTO IT, DONE ONCE
AFTER 2015, DOUBLE WALLED SUMPS
SIMILAR TO DOUBLE CALLED SPILL
BUCKETS DON'T HAVE TO BE TESTED
IF BOTH WALLS OF THAT DOUBLE
WALL SUMP ARE MONITORED FOR
INTEGRITY.
ANOTHER THING THAT CHANGED IN
2015 WAS THE OVERFILL PREVENTION
INSPECTION.
SO THE EQUIPMENT, FLAPPER VALVE,
HIGH LEVEL ALARM, BALL FLOAT HAS
TO BE INSPECTED TO KNOW IT'S
ACTUALLY GOING TO PREVENT AN
OVERFILL.
AGAIN, DONE RIGHT AFTER 2015,
OLDER SYSTEMS NO LATER THAN
2018, DONE ONCE EVERY THREE
YEARS.
KEEP IN MIND THAT THE BALL
FLOAT, ONCE PULLED OUT AND
LOOKED AT, IF IT DOES NOT PASS
IT CANNOT BE PUT BACK IN, AND
YOU CANNOT PUT A NEW BALL FLOAT
IN.
SO, WHEN IT COMES OUT IF IT
FAILS THEN AT THAT POINT YOU
HAVE TO GO TO EITHER A HIGH
LEVEL ALARM OR FLAPPER VALVE.
ANOTHER OPERATIONAL CHANGE THAT
OCCURRED LOOKING AT THE RELEASE
DETECTION EQUIPMENT, THERE'S A
LOT OF TIMES OUT THERE THAT WE
HAVE THE EQUIPMENT IN PLACE,
PEOPLE THINK IT'S GOING TO BE
ABLE TO DETECT A LEAK BUT
REALITY IS IT'S NOT FUNCTIONING
PROPERLY SO NOW THERE'S AN
ANNUAL TEST TO MAKE SURE THAT
IT'S ACTUALLY DOING ITS JOB,
IT'S GOING TO FIND A LEAK IF ONE
EXISTS, SO THERE'S PROCESS AND
PROCEDURES IN PLACE TO BE ABLE
TO CHECK ALL THE VARIOUS
ELECTRONIC IN PARTICULAR RELEASE
DETECTION METHODS.
THE OTHER THING THAT CHANGED IN
THE OPERATIONAL REQUIREMENTS WAS
WALK-THROUGH INSPECTIONS.
ONE OF THE THINGS THAT WE'VE HAD
PROBLEMS WITH OVER THE YEARS IS
PEOPLE JUST NOT KNOWING WHAT
THEIR EQUIPMENT IS TELLING THEM.
AND SO THERE'S MONTHLY
INSPECTIONS, EVERY 30 DAYS GOING
OUT AND CHECKING YOUR SPILL
BUCKETS, MAKING SURE THERE'S
NOTHING THERE, MAKING SURE IT'S
IN GOOD SHAPE, THAT THE NEXT
TIME YOU GET A DELIVERY IT'S NOT
GOING TO HAVE A RELEASE.
AND CHECKING YOUR RELEASE
DETECTION EQUIPMENT, IF IT'S
TELLING YOU YOU'VE GOT A
SUSPECTED PROBLEM OR ACTUAL
PROBLEM.
COROLLARY IS ANNUAL INSPECTION
THROUGH THROUGH AND OPENING
EVERY SUMP, MAKING SURE IT'S IN
GOOD SHAPE, THIS IS IN ADDITION
TO THE TESTING THAT WE JUST GOT
DONE TALKING ABOUT.
SO EVERY THREE YEARS YOU TEST
THIS SPILL BUCKET, TEST THE
CONTAINMENT SUMP, EVERY 30 DAYS
YOU GO LOOK AT THE SPILL BUCKET,
MAKE SURE IT'S IN GOOD SHAPE,
ALL DRY, SAME THING WITH
CONTAINMENT SUMPS EVERY YEAR,
YOU GO OPEN IT UP, TAKE A LOOK,
HAND-HELD RELEASE DETECTION
DEVICES, MAKE SURE THOSE ARE IN
GOOD SHAPE AS WELL.
OF COURSE, KEEP THOSE RECORDS
FOR A YEAR UNTIL YOU GET THE
NEXT INSPECTION DONE.
ONE OF THE LAST BIG THINGS THAT
CHANGED WITH THESE THINGS
WORKING THEIR WAY THROUGH WE
NEED TO HAVE PEOPLE THAT
UNDERSTAND WHAT THEY ARE LOOKING
AT.
THERE'S OPERATOR TRAINING.
CLASS A, CLASS B, CLASS C.
THINK OF CLASS A AS THE MANAGER
TYPE THAT OVERSEES THE PEOPLE
THAT ARE RESPONSIBLE FOR DOING
THE WORK, CLASS B ARE PEOPLE
THAT TYPICALLY GO OUT AND
ACTUALLY ARE LOOKING AT THE
SYSTEMS MAKING SURE SO THEY
MAYBE ARE DOING THE WALK-THROUGH
INSPECTIONS, MONTHLY AND
ANNUALLY.
CLASS C OPERATORS ARE THE ONES
THAT ACTUALLY ARE RESPONDING TO
AN EMERGENCY.
EACH CLASS OF THOSE OPERATORS
HAVE TO BE TRAINED SO THEY KNOW
WHAT THEY ARE DOING.
RECORDS HAVE TO BE KEPT ON THAT
TRAINING AS LONG AS THE OPERATOR
IS GOING TO BE AT THAT FACILITY.
RETRAINING IF THE FACILITY IS
OUT OF COMPLIANCE.
STATES ARE REQUIRING PERIODIC
RETRAINING, SOMETHING DIFFERENT
BETWEEN THE STATE AND FEDERAL.
OWNERS RESPOND TO SUSPECTED
RELEASES AND ACTUAL RELEASES.
ONCE THEY DETERMINE THAT THEY
DON'T NEED THE TANK ANYMORE,
THEY CAN'T JUST ABANDON AND WALK
AWAY.
THERE'S ALWAYS BEEN A
REQUIREMENT THAT YOU CLOSE THE
TANK PROPERLY IN ORDER TO GET
AWAY FROM THE REQUIREMENTS.
THAT IS A REAL QUICK OVERVIEW,
THERE'S A COUPLE THINGS THAT
OCCURRED IN THE 2015
REGULATIONS, AND THAT DEALT WITH
ADDRESSING DEFERRALS.
IN 1988 THERE WERE A COUPLE
DEFERRALS IN THE REGULATIONS
BECAUSE THERE WERE TECHNICAL
ISSUES THAT WEREN'T EASILY
ADDRESSED, THOSE HAVE CHANGED.
AND SO THOSE DEFERRALS HAVE BEEN
TAKEN AWAY.
SO EMERGENCY POWER GENERATORS,
IF THERE'S AN UNDERGROUND TANK
CONNECTED, THERE'S REQUIREMENT
NOW THAT RELEASE DETECTION BE
DONE.
HAD TO BE DONE NO LATER THAN
2018 EVEN FOR OLDER SYSTEMS.
I WILL SAY THAT EPA IS SOON
GOING TO BE RELEASING A SERIES
OF MANUALS ON EMERGENCY
GENERATORS IN PARTICULAR AND SO
THERE WILL BE SOME MORE
INFORMATION COMING OUT ON HOW
THESE REGULATIONS APPLY TO THE
EMERGENCY GENERATOR SYSTEMS.
THE OTHER CHANGE REGULATIONS
NOW DO APPLY TO THESE SYSTEMS,
DIFFERENT THAN WHAT GAS STATION
MIGHT BE LOOKING AT, BUT THEY
NOW HAVE TO MEET THIS RELEASE
PREVENTION AND RELEASE DETECTION
REQUIREMENT.
EPA RECOGNIZED THEY ARE UNIQUE
AND THEY TRIED TO CREATE
SPECIFIC REQUIREMENTS FOR THESE
TANKS.
THAT GOT PUT INTO SUBPART K.
UNDERSTANDING PIPING SENDARY
CONTAINMENT ON AIRPORT HYDRANT
SYSTEM IS MORE DIFFICULT SO
THERE'S AN EXCEPTION FOR THAT.
UNDERSTANDING HOW TO DO RELEASE
DETECTION ON VERY LONG PIPING AT
AIRPORT HYDRANT OR VERY LARGE
FIELD CONSTRUCTED TANKS WERE
PROBLEMATIC SO THERE'S OPTIONS
THAT GOT PUT INTO PLACE.
ONE OF THE THINGS THAT CAUGHT
PEOPLE BY SURPRISE IF YOU HOOK
UP ABOVE GROUND TANKS TO SOME OF
THESE THINGS, THE WHOLE SYSTEM
INCLUDING ABOVE-GROUND TANK IS
NOW CONSIDERED UNDERGROUND
STORAGE TANK SYSTEM.
WE ADDRESSED THAT.
SO ABOVE GROUND TANKS ASSOCIATED
WITH FUEL CONSTRUCTED
UNDERGROUND TANKS, AIRPORT
SYSTEM ARE PARTIALLY EXCLUDED.
WHAT APPLIES IS RELEASE RESPONSE
AND CORRECTIVE ACTION STILL
APPLICABLE THERE.
IMPLEMENTATION FOR THE
REGULATIONS CAME IN TWO PHASES,
2015 AND 2018.
ALL OF THE REQUIREMENTS HAD TO
BE ADDRESSED.
OTHER DEFERRALS DEALING WITH
WASTE WATER, EMERGENCY
GENERATORS AT NUCLEAR REGULATED
FACILITY, I.E. NUCLEAR POWER
PLANT GOT RECLASSIFIED AND
PARTIALLY EXCLUDED.
LET ME JUST QUICKLY JUMP OVER
SOME COMMON VIOLATIONS THAT AS
WE DO THESE INSPECTIONS AND GO
OUT AND TAKE A LOOK AT
FACILITIES WE'RE SEEING SOME
COMMON THINGS.
SO RELEASE DETECTION IN PIPING,
MISSING LINE TESTS, MISSING LINE
LEAK DETECTOR FUNCTIONALITY
TESTS, THESE ARE REQUIREMENTS IN
PLACE SINCE THE BEGINNING OF THE
PROGRAM BUT PEOPLE GET CAUGHT UP
PERHAPS IN NEW REQUIREMENTS AND
DON'T ACTUALLY DO ALL THE THINGS
THEY ARE SUPPOSED TO DO EVEN FOR
THE OLDER REQUIREMENTS.
SOMETIMES IT'S CONTRACTOR
AVAILABILITY.
ALL THAT TO SAY PLAN AHEAD TO
GET THESE THINGS TAKEN CARE OF.
RELEASE DETECTION, MONTHLY
MONITORING GOT FORGOTTEN.
OPERATOR TRAINING IS A NEW
REQUIREMENT AND SO PEOPLE DON'T
KNOW WHO HAS TO BE TRAINED, WORK
THROUGH THAT PROCESS TO KNOW WHO
YOU'RE ASSIGNING TO.
SAME WITH WALK-THROUGH
INSPECTIONS, HAS TO BE ASSIGNED,
NEEDS TO BE FOLLOWED UP ON AND
MADE SURE IT'S COMPLETED.
SPILL BUCKETS ARE A COMMON LEAK
SOURCE, NEED TO MAKE SURE THAT
THEY ARE KEPT CLEAN.
THAT WAS A VERY QUICK
RUN-THROUGH OF REGULATIONS, LOTS
OF THINGS WE COULD TALK ABOUT.
HERE ARE RESOURCES IN THE SLIDE
SHOW AFTERWARDS, THE TOP LINE,
THERE'S LOTS OF RESOURCES, LOTS
OF PUBLICATIONS THAT WE'RE
TRYING TO DO TO ASSIST PEOPLE TO
UNDERSTAND WHAT THEY NEED TO DO
TO BE IN COMPLIANCE WITH
REGULATIONS.
WITH THAT WE HAVE A LITTLE BIT
OF TIME FOR QUESTIONS.
>> I HAD A QUESTION REGARDING
OIL/WATER SEPARATOR SYSTEMS.
ARE THEY EXEMPT FROM REGS OR ARE
THEY COVERED BY THESE REGS?
>> EXCELLENT.
OIL-WATER SEPARATORS SOMETIMES
HAVE A VARIETY OF DIFFERENT
DESIGNS.
SO THE SIMPLE ANSWER IS MOST OF
THEM ARE COVERED BY SOME TYPE OF
PERMIT AND THOSE TYPE OF THINGS
COVERED UNDER THE CLEAN WATER
ACT ARE NOT IN OUR PROGRAM.
IF IT'S NOT COVERED BY ONE OF
THOSE ALSO -- IT'S GOING TO BE
PARTIALLY EXCLUDED, INSTALLATION
RESPONSES AND RELEASE RESPONSE
AND CORRECTIVE ACTION, THE ONLY
OTHER THING THAT IS DIFFERENT
SOMETIMES IS WHERE THEY STORE
SKIMMED OFF OIL, AND IF THAT
GOES TO A SEPARATE TANK, NOT
JUST TO A COMPARTMENT, IN THE
SEPARATOR, THAT SEPARATE TANK IS
A TANK STORING USED OIL AND
COMES UNDER THE PROGRAM.
>> THANK YOU.
THE SECOND ONE, THIS PERSON IS
TALKING ABOUT THE ABOVE GROUND
STORAGE TANK REGS, SPCC REGS,
WHICH START AT 55 GALLON DRUMS
AND THE PERSON IS WONDERING WHY
IS THAT DIFFERENT FROM THE
UNDERGROUND STORAGE TANK REGS
STARTING AT 110 GALLONS.
DO YOU HAVE ANY -- THIS MIGHT
NOT REALLY BE SOMETHING YOU KNOW
ABOUT BUT WHY IS ONE DOUBLE THE
OTHER ONE?
>> ACTUALLY THAT JUST COMES OUT
OF STATUTE.
SO SUBTITLE I SET OUR CONDITIONS
AT 110, THE SPCC PROGRAM REALLY
LOOKED AT WHAT IS THE SMALLEST
COMMERCIALLY AVAILABLE TANK AND
CONTAINER THAT COULD BE USED SO
THEY JUST ARE LOOKING AT
DIFFERENT THINGS.
>> THOSE ARE THE TWO WE GOT.
I THINK THAT'S IT ON YOUR
SEGMENT.
>> EXCELLENT.
WE'LL MOVE TO HEAR FROM KEVIN
KENNEDY, REGIONAL COORDINATOR
FOR ARMY'S REGIONAL
ENVIRONMENTAL OFFICE,
INTRODUCTION TO DEPARTMENT OF
DEFENSE'S REGIONAL ENVIRONMENTAL
COORDINATOR PROGRAM.
>> GOOD AFTERNOON.
CAN YOU HEAR ME OKAY?
>> YES.
>> VERY GOOD.
AND SEEING THE SCREEN?
>> NO.
IT IT IS NOT -- I DO NOT SEE
YOUR SLIDES.
>> LET'S SEE HERE.
>> HOW ARE WE DOING NOW?
>> YES, WE'RE GOOD NOW.
>> OKAY.
THANK YOU.
GOOD AFTERNOON, EVERYONE.
I APPRECIATE THE OPPORTUNITY TO
TALK.
I'M KEVIN KENNEDY, WORK FOR
DEPARTMENT OF ARMY'S
ENVIRONMENTAL AND ENERGY OFFICE,
NORTHERN OFFICE, AND I WANTED TO
TALK ABOUT JUST INTRODUCING THE
GROUP TO THE DoD REGIONAL
ENVIRONMENTAL COORDINATION
PROGRAM.
THE REC PROGRAM.
AND AS YOU CAN SEE ON THE TOP OF
THE SLIDE YOU HAVE THE ARMY,
NAVY, MARINE CORPS AND AIR
FORCE, PURPLE PROGRAM, ALL OF
THE MAIN SERVICES ARE ENGAGED IN
THE DoD REC PROGRAM AND WORK
EFFICIENTLY TOGETHER ACROSS
SERVICES.
THE MISSION HERE, I WANTED TO
READ IT, IT'S QUITE CRITICAL.
IT'S TO PROTECT THE MILITARY'S
ABILITY TO PREPARE U.S.
SERVICEMEN AND WOMEN TO DEFEND
OUR COUNTRY BY WORKING
COOPERATIVELY WITH STATE
GOVERNMENTS AND FEDERAL AGENCIES
ON ENVIRONMENTALLY RELATED
ISSUES TO ENSURE CONTINUED
ACCESS AND USE OF THE NECESSARY
LAND, SEA, AND AIRSPACE.
OUR YOUNG MEN AND WOMEN WHO ARE
TRAINING TO DEFEND OUR COUNTRY
NEED THIS LAND, SAY, AND
AIRSPACE TO TRAIN PROPERLY,
THERE'S A LOT OF ENVIRONMENTAL
SENSITIVE ISSUES AS YOU KNOW
WITH LAND MANAGEMENT, SO THE
DoD REC PROGRAM HAS BEEN
INSTILLED TO HELP MAKE SURE
THAT'S AVAILABLE TO OUR PROUD
MEN AND WOMEN.
A LITTLE BIT MORE HOW WE
ACCOMPLISH THAT MIX, A FEW
BULLET POINTS HERE.
MONITORING AND ENGAGING IN STATE
LEGISLATION AND RULEMAKING AND
DETERMINING IMPACTS TO DoD
MISSIONS AND OPERATIONS,
TREMENDOUS AMOUNT OF STATE
LEGISLATION AND REGULATIONS THAT
COME UP EACH YEAR, I KNOW IN THE
ARMY'S PROGRAM WE HAVE FOUR
OFFICES, IN OUR 2021 ANNUAL
REPORT.
WE MONITORED CLOSE TO 90,000
ENVIRONMENTAL AND ENERGY-RELATED
LEGISLATION REGULATIONS ACROSS
THE STATES.
AS DO THE OTHER SERVICES.
SECOND BULLET COORDINATING AND
DELIVERING A UNIFIED MILITARY
POSITION ON ISSUES THAT AFFECT
MILITARY SUSTAINMENT, THE
DoDAR REC PROGRAM IS I BELIEVE
OVER 25 YEARS OLD NOW, PRIOR TO
THAT DIFFERENT SERVICES WERE
RESPONDING TO DIFFERENT ISSUES
INDEPENDENTLY.
SO YOU WOULD BE GETTING MIXED
MESSAGES, WHETHER IT'S THE STATE
LEGISLATORS OR THE REGULATORS,
SO THE REC PROGRAM BECAUSE WE
WORK TOGETHER ACROSS SERVICES,
WE COORDINATE VERY CLOSELY, IF
WE NEED TO REACH OUT AND DELIVER
A MILITARY POSITION.
BULLET 3, I'LL TALK ABOUT THAT
IN MORE DETAIL BUT A CRITICAL
PART OF WHAT WE DO IN OUR
PROGRAMS.
EDUCATING STATE AND FEDERAL
AGENCIES ON OUR OPERATIONAL
ENVIRONMENTAL NEEDS, PRIORITIES
AND CONCERNS SO WE'VE GOT
RELATIONSHIPS BUILT WITH THESE
AGENCIES, THE MANAGEMENT OF
THESE AGENCIES, WE CAN REACH OUT
TO THEM, DISCUSS ISSUES THAT
MIGHT BE POPPING UP THAT THEY
MAY NOT BE AWARE OF IMPACTING
OUR OPERATIONAL CONCERNS.
AND THEN REPORTING BACK UP THE
CHAIN ADVISING ASSISTING DoD
ON REGIONAL STATE AND LOCAL
ACTIONS THAT COULD AFFECT THE
DoD MISSION.
THE PROGRAM HAS DoD
INSTRUCTION, A DoD, 475.02,
THE LEGAL REQUIREMENT OF THE REC
PROGRAM, AND AS YOU CAN SEE ON
THE BULLETS ON THE SIDE
MONITORING THE STATE LEGISLATION
RULEMAKING TO DETERMINE IMPACT
IS A CRITICAL PART OF THE DODI.
WE ADVOCATE, CONDUCT OUTREACH TO
FEDERAL AND STATE AND
STAKEHOLDERS, AND THE OFFICES
ACROSS THE SERVICES AND EVEN
WITHIN ARMY, DIFFERENT OFFICES
ACROSS THE COUNTRY, DO THAT IN A
DIFFERENT LITANY OF WAYS AS FAR
AS GETTING TOGETHER WITH
STAKEHOLDERS AND THE PROGRAMS
THAT WE CAN INITIATE.
SO, DOD REC, THIS IS THE WAY
IT'S ORGANIZED.
IT SAYS RELATIONSHIPS
ESTABLISHED BEFORE THEY ARE
NEEDED IS CRITICAL AND THAT'S
HOW WE'RE IN CONSTANT
COMMUNICATION WITH THESE
OFFICIALS.
YOU CAN SEE HERE THEY ARE
ALIGNED WITH EPA REGIONS, SO IN
REGIONS 1, 3, CALIFORNIA AREA,
9, NAVY HAS THE DoD LEAD FOR
THAT.
THE MUSTARD COLOR IN REGIONS 5,
4, 6 AND 8, I'M SORRY, 7, IS
ARMY.
AND THEN AIR FORCE HAS TEXAS
AREA REGION 6 AND NORTHWEST
REGION 10.
ALTHOUGH THEY HAVE THE DoD
LEAD MEANING IF WE ARE GOING TO
A REGULATOR OR LEGISLATOR OR NGO
TO TALK ABOUT A SPECIFIC ISSUE,
THE DoD REC WILL HAVE THE LEAD
ON THAT.
THEY ARE THE TIP OF THE SPEAR.
BUT IN THE CASE OF LET'S SAY
REGION 1 WITH SHARON BAUMAN,
SHE'S THE DoD LEAD IN REGION
1.
HOWEVER, OUR OFFICE AND THE AIR
FORCE WORKS WITH SHARON TO
DISCUSS THESE DIFFERENT ISSUES
AND LEGISLATION, WE MIGHT BRING
IT TO HER ATTENTION BUT SHE WILL
TAKE THE MESSAGE FORWARD AS THE
DoD LEAD AND SO ON ACROSS THE
DIFFERENT EPA REGIONS.
THERE WILL BE A SLIDE AT THE END
BUT I HAVE POCS HERE, THE DoD
LEADS, SHARON IN 1 AND 3 WITH
THE NAVY, JOHN HERTZ IN REGION
2, THERE WILL BE A PERMANENT
REPLACEMENT SOON FOR JOHN.
IN THE REGION 4 THE ARMY HAS THE
LEAD, THERE WILL BE A NEW DoD
LEAD ON THAT SHORTLY.
I WORK WITH DR. JIM HARTMAN IN
OUR OFFICE, WE HAVE THE LEAD FOR
REGION 5.
DR. RABBEY FOR THE AIR FORCE IN
REGION 6, GREAT GUY.
REGION 7 AND 8 ARE THE ARMY,
STAN RASMUSSEN AND MARK MAHONEY
HAVE THE LEAD THERE.
REGION 9 MIKE HUBER AND WITH
CALIFORNIA BEING SUCH A LARGE
PLAYER IN REGULATIONS AND
LEGISLATION AND DEVELOPMENT,
MIKE IS A BUSY GUY IN THAT AREA.
AND THEN THE NORTHWEST MISS
KAREN KOLTER.
SO THE SLIDES ARE AVAILABLE, AS
MY BOSS LIKES TO SAY DoD REC
IS A PORTAL OR ENTRY INTO THE
DEPARTMENT OF DEFENSE SO THESE
POC IT'S IF THERE ARE CONCERNS
AT REGIONAL OR STATE LEVEL OR
LOCAL LEVEL THAT HAS TO DO WITH
DEPARTMENT OF DEFENSE, THE DoD
REC PROGRAM IS POSITIONED TO
ALLOW ENTRY AND GET THAT MESSAGE
HEARD.
YOU CAN SEE BY THE CARTOON, PUT
ME THROUGH THE PENTAGON, THE
DoD IS A HUGE ANIMAL.
I JUST MENTIONED WE PROVIDE A
SINGLE VOICE ON BEHALF OF DoD
TO THE REGULATORY COMMUNITY AND
ELECTED OFFICIALS.
WE'RE DOWN HERE AT THE BOTTOM OF
THIS, SECRETARY OF DEFENSE, ALL
THE DIFFERENT LAYERS DEALING
WITH ENVIRONMENT AND ENERGY AND
RESILIENCY, COMPLIANCE AND
PLANNING.
SO WE REPORT UNDER THIS CHAIN
BUT THE FOLKS DOWN WHO WANT TO
GET INTO THE DoD CAN USE THIS
REC PROGRAM AS AN ENTRYWAY AND
WE CAN FACILITATE THOSE MESSAGES
AND BRING THOSE TO FRONT OF THE
FOLKS THAT NEED TO BE AWARE OF
THE POSSIBLE CONCERNS.
I MENTIONED LEGISLATIVE
REGULATING AND ENGAGEMENT, 170
STATE AND REGULATORY AGENCIES
THAT WRITE AND ENFORCE
REGULATIONS, 1800 PROGRAMS THAT
MUST BE TRACKED FOR NEW RULE
CHANGES.
AND THE STATES TAKE OVER 90% OF
ALL ENFORCEMENT ACTIONS.
SO, I MONITOR 12 STATES AND I
CAN TELL YOU BETWEEN ENERGY AND
ENVIRONMENT WHEN THE LEGISLATIVE
SEASONS HIT WE'RE VERY BUSY.
IT'S NOT UNCOMMON FOR US TO
REVIEW THREE TO FOUR HUNDRED
PIECES OF LEGISLATION IN A
SINGLE MONTH THAT'S BEING
PROPOSED, JUST MY 12 STATES.
AS YOU CAN IMAGINE ACROSS THE
COUNTRY THIS IS A VERY IMPORTANT
PART OF WHAT WE DO.
AND IF WE SEE SOMETHING THAT
MAY, AGAIN, GOING BACK TO OUR
MISSION IMPACT OUR SERVICE MEN
AND WOMEN'S ABILITY TO TRAIN, WE
BRING THAT TO THE ATTENTION OF
THE BILL AUTHORS OR REGULATORY
AGENCIES, IF NEW RULEMAKING IS
TAKING PLACE.
WE HAVE A LOT OF TOUCH POINTS
THAT WE DO.
THE REC PROGRAM IS NOT A HUGE
PROGRAM BUT WHAT WE DO IS WE
REACH OUT TO A WHOLE LITANY OF
GROUPS.
EACH OFFICE AS LEGAL COUNSEL, SO
WHAT'S VERY IMPORTANT IS DOWN
BELOW AT THE LOWER 7:00
INSTALLATIONS AND GUARD AND
RESERVES WHAT YOU FIND THESE MEN
AND WOMEN AT THAT LEVEL WEAR A
LOT OF HATS.
THE STAFFS ARE SMALL.
THEY ARE DEDICATED.
SO WE HAVE NEWSLETTERS, MONTHLY
BASIS, THAT GO OUT AND INFORM
THESE BOOTS ON THE GROUND, SO TO
SPEAK, WHAT MIGHT BE COMING DOWN
THE PIKE THAT COULD BE IMPACTING
THEM SO THEY COULD POSITION
THEMSELVES TO COMPLY.
10:00, 11:00, NATIVE AMERICANS
IN THE WESTERN STATES
PARTICULARLY, A LOT OF
COOPERATIVE AGREEMENTS AND
PARTNERSHIPS INVOLVED WITH
NATIVE AMERICANS, AS WELL AS
PUBLIC AND NGOs, IF YOU GO
OVER TO 2:00 YOU CAN SEE OTHER
FEDERAL AGENCIES, FISH AND
WILDLIFE, INTERIOR, ENERGY.
WE COMMUNICATE WITH THOSE FOLKS
ON A REGULAR BASIS, OBVIOUSLY
EPA REGIONAL OFFICES, AND THEN
SERVICES HEADQUARTERS DOWN TO
THE PENTAGON.
IT GOES BOTH WAYS.
WE REACH OUT TO THEM TO INFORM
THEM OF WHAT'S GOING ON.
VICE VEER
VICE VERSA.
PRODUCTS AND SERVICES VARIES.
YOU CAN SEE REGIONAL ADVOCACY.
WE INTERFACE WITH THE
LEGISLATORS, SITE ASSISTANT
VISITS, STAFFS ARE QUITE SMALL
IN A LOT OF INSTALLATIONS,
STAKEHOLDER OUTREACH, NGOs,
CONFLICT RESOLUTION, I'LL TALK
ABOUT THAT IN A LITTLE BIT,
PERMIT REVIEWS.
TO THE RIGHT PARTNERSHIP
DEVELOPMENT AND SUPPORT THESE
ARE A COUPLE OF THE PROGRAMS
THAT THE REC PROGRAM HAS EITHER
GOTTEN INVOLVED WITH OR GOTTEN
OFF THE GROUND AND ESTABLISHED
TO BRING THE DoD INTO THESE
AND I'M GOING TO TALK ABOUT A
COUPLE SPECIFIC PARTNERSHIP JUST
AS AN EXAMPLE.
THERE'S A LITANY OF PARTNERSHIPS
WE WORK ON, AN ANNUAL BASIS,
QUARTERLY, MONTHLY, SO ON.
GOVERNMENT AFFAIRS, WE ANALYZED,
COORDINATE, COMMENTS TO BILL
AUTHORS, IF NEEDED.
LEGAL COORDINATION.
OUTREACH AND RULEMAKING.
AND THEN THE DoD REC SERVICES
HERE, AGAIN, UNIFIED POSITION,
COORDINATE WITH SERVICE
HEADQUARTERS AND OSD, STATE
EXECUTIVE BRANCH COORDINATION,
INSTALLATION AND SUSTAINANT.
WHEN I STARTED, IT WAS
ENVIRONMENT, ENVIRONMENT,
ENVIRONMENT.
PARTICULARLY IN THE LEGISLATION
AND REGULATIONS THAT WE'RE
SEEING VERY IMPORTANT CLIMATE
CHANGE, RESILIENCY, ALL THE
SERVICES AND DEPARTMENT OF
DEFENSE VERY, VERY IN TUNE WITH
DEVELOPING PROGRAMS, PROTECTING
AGAINST LAND LOSS, THAT ARE DUE
TO CLIMATE CHANGE, FIRES, YOU
KNOW, NATURAL OCCURRENCES THAT
SEEM TO BE POPPING UP MORE
FREQUENTLY.
SO SUSTAINABILITY AND
ENVIRONMENTAL AND RESILIENCY AND
ENERGY, ENERGY SURETY, WATER
SURETY, THINGS COMING INTO OUR
PROGRAM AS WELL AS THE HISTORIC
PROGRAM SUCH AS ENVIRONMENTAL
COMPLIANCE AND RESTORATION.
REGULATORY PARTNERING, I
MENTIONED A COUPLE OF THINGS.
JUST A FEW EXAMPLES HERE.
CONSERVATION AGREEMENT, THAT'S
THE GOPHER TORTOISE, MULTIPLE
STATE AND FEDERAL AGENCIES,
NGOs WITH NATURAL RESOURCES,
SHARED GOALS ON CANDIDATE
CONSERVATION AGREEMENT, FISH AND
WILDLIFE ACTIONS TO ELIMINATE
NEED TO LIST SPECIES ON
ENDANGERED OR THREATENED LISTS.
THERE'S ALSO A CONSERVATION
AGREEMENT WITH ASSURANCES FOR
NON-FEDERAL LANDOWNERS WITH
INCENTIVES FOR PROTECTING
HABITATS.
SO, SINCE WE ARE CONCERNED ABOUT
MAINTAINING OUR TRAINING SPACE,
ENCROACHMENT IS AN ISSUE AS
POPULATIONS GROW AND THEN YOU
HAVE THESE THREATENED OR
ENDANGERED SPECIES, WORK WITH
THESE AGENCIES TO MAKE SURE THAT
IN THIS CASE CANDIDATE
CONSERVATION, A CANDIDATE
SPECIES IS NOT MOVED TO
THREATENED OR ENDANGERED.
SIMILARLY IN THE SOUTHERN AREA,
WE FOUND THERE WERE MULTIPLE
AGENCIES WITH DIFFERENT
MISSIONS, AGENCY OBJECTIVE,
EVERYBODY TRYING TO DO THE RIGHT
THING, BUT IN THE CASE OF THAT
GET TOGETHER WITH ALL THE
DIFFERENT GROUPS AND PUT
TOGETHER A PRESCRIBED BURN
PROGRAM, LAND MANAGEMENT TOOL WE
DEVELOPED A COMPREHENSIVE
PRESCRIBED FIRE STRATEGY AGAIN
WITH THE DIFFERENT AGENCIES SO
BY PULLING PEOPLE TOGETHER
LEVERAGING RESOURCES, IT
STREAMLINES EFFORTS, ELIMINATES
REDUNDANT EFFORTS, SAVES MONEY,
THE PROGRAMS BECOME MORE
EFFICIENT WHEN EVERYBODY IS
ACROSS THE TABLE TALKING ABOUT
WHAT IS AVAILABLE AND WHAT GOALS
ARE.
FOR THE RESTORATION, HISTORIC
RESTORATION AND CLEANUP WHICH
ENVIRONMENTALLY THE DEPARTMENT
OF DEFENSE IS ALWAYS INVOLVED
IN, STARTED IN 1998, WHAT WE
CALL THE TIER PARTNERING --
TIERED PARTNERSHIPS, TIER 1
INSTALLATION LEVEL TEAM MEETINGS
WITH STATES AND EPAs, THE
FOLKS THAT ARE WORKING THE
PROJECTS, FOR RESTORATION AND
CLEANUP.
AND THEY WILL GET TOGETHER ON A
QUARTERLY BASIS IN MANY CASES TO
TALK ABOUT THE REAL NUTS AND
BOLTS OF PARTICULAR PROJECTS ON
RESTORATION AND CLEANUP
PROJECTS.
TIER 2 STATE LEVEL MEETINGS, IF
THERE ARE CERTAIN ISSUES THAT
ARE BECOMING PROBLEMATIC THAT
THE BOOTS ON THE GROUND SO TO
SPEAK, IT'S ABOVE THEIR ABILITY
TO DEVELOP POLICY OR MAKE
CHANGES, WE TAKE THAT TO THE
NEXT LEVEL.
AND THEN FINALLY TIER 3 WHICH IS
DoD AND EPA CO-CHAIRS WITH THE
STATES AND MILITARY REGIONAL
OFFICES, FOR LARGE ISSUES, THAT
NEED TO BE WORKED.
BUT THE BEAUTY OF THESE TIERED
PARTNERSHIPS WHERE THE STATE IS
NOT WORKING ON ONE ISSUE, DoD
AND ONE HAND DOESN'T KNOW WHAT
THE OTHER IS DOING, WE ORGANIZE
MULTIMEDIA PARTNERING EVENTS AND
COMPLIANCE ASSISTANCE WITH
TRAINING, AND OUR INSTALLATION
VISITS TO ENSURE THAT THE FOLKS
AT THE INSTALLATION LEVEL ARE
AWARE OF THE REQUIREMENTS HERE.
BECAUSE OF THE WORK, TIERED
PARTNERSHIPS AND RESTORATION
CLEANUP, THERE'S A LITANY OF
SUCCESS STORIES, A COUPLE HERE
MENTIONED, NAVAL AIR STATION KEY
WEST RECEIVED A FEDERAL FACILITY
EXCELLENCE IN SITE REDUCE, A
BRAC, IT'S NOT ACTIVELY BEING
USED AS A MILITARY INSTALLATION,
BUT IN THE CASE OF KEY WEST THEY
TRANSFERRED TO PARKS AND
PLAYGROUNDS AND HORSE STABLES
AND AFFORDABLE LIVING HOUSE,
ASSISTED LIVING, THAT PARTICULAR
AREA.
SO YOU ARE TAKING AN EX-MILITARY
INSTALLATION, WORKING ON THESE
PROGRAMS, AND YOU CAN TURN LAND
BACK OVER.
GRIFFISS AIR FORCE BASE,
NATIONAL PRIORITY LISTING BRAC
SITE, 3600 ACRES THAT NOW
INCLUDES NEW YORK AIR NATIONAL
GUARD BASES, BUSINESSES,
INTERNATIONAL AIRPORT, USED TO
BE AN NPL SITE.
FORD ORD, CALIFORNIA,
28,000-ACRE BASE IN CALIFORNIA
STATE UNIVERSITY MONTERREY BAY
CAMPUS THERE NOW, DUNE STATE
PARK, OUTPATIENT CLINIC AS WELL.
AND FINALLY NAVAL STATION CECIL
FIELD IN FLORIDA, CECIL AIRPORT,
JACKSONVILLE COMMERCE CENTER,
4,000 JOBS CREATED.
YOU CAN SEE WHERE PAST
RESTORATION PROBLEMS WHEN THEY
ARE CLEANED UP AND COORDINATED
THEY CAN BE TURNED BACK FOR
REALLY BENEFICIAL USE.
PARTNERSHIP MODELS, YOU'LL GET
DEPARTMENT OF TRANSPORTATION,
DEPARTMENT OF INTERIOR, SENIOR
LEVEL MANAGEMENT THAT WILL GET
TOGETHER AND BASICALLY COME AND
SAY WHAT ISSUES DO YOU HAVE AND
IN MANY CASES THE ISSUES, THE
PROBLEMS, CHALLENGES, SUCCESS
STORIES, BEST MANAGEMENT
PRACTICES ARE SIMILAR, SO THE
INFORMATION COULD BE SHARED AND
STREAMLINES.
WESTERN REGIONAL PARTNERSHIP,
ANOTHER EXAMPLE, ACTUALLY
ESTABLISHED IN 2007, AGAIN
SENIOR LEVEL POLICY LEADERSHIP
IN THE WESTERN STATES.
THEY WILL GET TOGETHER AS
REGULATIONS ARE BEING THOUGHT TO
BE REVISED, GENERAL POLICIES AND
THESE ARE FEDERAL AGENCIES,
NATIVE AMERICAN TRIBES, LOCAL
COMMUNITIES, SERPPAS RESOURCE
USE THEY GOT INTO A HUGE PROGRAM
OF RESTORING THE NATIVE LONG
LEAF PINE, AND AGAIN BY
ESTABLISHING GETTING THAT
REESTABLISHED DOWN SOUTH IT'S
GOOD HABITAT FOR THE CANDIDATE
SPECIES, THREATENED SPECIES, AND
ALSO ALLOWS FOR LAND USE BUFFERS
AROUND THE MILITARY INSTALLATION
SO IT'S REALLY A WIN-WIN.
AND OF COURSE CHESAPEAKE BAY
WHICH IS FEDERAL, STATE, LOCAL
GOVERNMENT, ACADEMIC
INSTITUTIONS, THAT COME TOGETHER
TO ENSURE THAT THE RESTORATION
OF THE CHESAPEAKE BAY IS ON
TRACK AND THAT'S A VERY WELL
ESTABLISHED PROGRAM GOING ON FOR
QUITE SOME TIME.
THESE ARE THE PARTNERSHIPS BUT I
MENTIONED THAT WE MONITOR THE
LEGISLATION AND REGULATIONS ON A
DAILY BASIS REALLY.
I WANT TO GIVE ONE EXAMPLE WHERE
THIS WAS SPECIES PROTECTION,
ANTICOAGULANT PESTICIDES, SO
ASSEMBLY BILL, 1788, PROPOSED
THAT WOULD -- IN CALIFORNIA
BANNING USE OF ANTICOAGULANT
PESTICIDES STATEWIDE.
AND THE NAVY HERE HAS OWNED A
SERIES OF ISLANDS IN THIS AREA,
CHANNEL ISLANDS, AND IT WOULD
INCLUDE THIS BAND, WOULD INCLUDE
THOSE USED ON WONDERFUL
ECO-SYSTEMS, IF ANYBODY HAS
WITNESSED THEM.
SO NAVY MANAGES THESE FRAGILE
ECOSYSTEMS WITH PARTNERSHIPS
WITH INTERIOR AND CALIFORNIA AND
KEY NGOS INCLUDING NATURE
CONSERVANCY.
READING THIS, THE DoD REC MIKE
HUBER I MENTIONED BEFORE BROUGHT
THE -- TO THE ATTENTION, HAS TO
BE USED IN 72 HERE'S TO BE
EFFECTIVE.
AND IN WORKING WITH THE BILL
AUTHOR, RECEIVED A LEGISLATIVE
EXEMPTION THAT BASICALLY LINE 3,
USE OF PESTICIDE USED FOR
ERADICATION OF NON-INVASIVE
SPECIES ON OFFSHORE ISLANDS
CONSISTENT WITH ALL
REQUIREMENTS.
SO, AGAIN, JUST A BRIEF -- WE'VE
DONE SOME WITH REQUIREMENTS,
BILLS BEING INTRODUCED, INTENT
FOR 18-WHEELERS LET'S SAY IN
CITIES THAT IDLE, FOR AIR
QUALITY CONCERNS, IT'S A GOOD
PIECE OF LEGISLATION.
BUT TACTICAL VEHICLES THAT THE
MILITARY USES FOR TRAINING
PURPOSES, NATIONAL GUARD
TRAINING IN THE SUMMER, IT'S
IMPORTANT THAT WE'RE ABLE TO RUN
THOSE VEHICLES, IDLE THOSE
VEHICLES AS MEN AND WOMEN ARE
TRAINING.
SO THESE ARE TYPES OF EXAMPLES
THAT WE COULD GO BACK TO THE
BILL AUTHOR AND SAY, HEY, THIS
IS IMPORTANT TO US, AND WORK
WITH THEM ON THAT.
SO I GUESS BETWEEN THE
PARTNERING AND LEGISLATIVE
REVIEWS AND REQUIREMENTS, WE
LIKE TO SEE WE'RE THE EYES AND
EARS IN THE FIELD ON THIS TYPE
OF MOVEMENT THAT CAN IMPACT THE
DoD MISSIONS.
SO, AGAIN, HERE'S THE DoD
LEADS.
AND BE HAPPY TO TAKE QUESTIONS
YOU MIGHT HAVE ON THE PROGRAM.
ONE OF THE THINGS WE SAW IS
PARTNERSHIPS AND COLLABORATION
AND COMPLIANCE, SO IT SEEMED TO
HIT ALL OF THE HOT SPOTS THAT
THE DoD REC PROGRAM DOES.
IF ANYBODY WANT TO GET INVOLVED
IN THE PARTNERSHIPS, HAS A
PARTNERSHIP OR ENGAGEMENT THAT
THEY FEEL IS DEPARTMENT OF
DEFENSE WOULD BENEFIT FROM OR
THEY WOULD BENEFIT FROM HAVING
DoD INVOLVED, THESE FOLKS AND
THESE DIFFERENT REGIONS COULD BE
REACHED AND WE CAN GET THE BALL
ROLLING.
THAT'S THE BRIEFING FOR TODAY.
I'M NOT SURE IF THERE'S ANY
QUESTIONS AT ALL.
>> THERE'S A COUPLE QUESTIONS.
I HOPE THIS IS RELEVANT TO WHAT
YOU'RE SPEAKING ABOUT BECAUSE I
DIDN'T HEAR YOU SAY THIS PHRASE
BUT THE PERSON IS ASKING ABOUT
DoD SOVEREIGN IMMUNITY.
IS THERE EVER AN INSTANCE A
DoD FACILITY IS EXEMPT FROM,
SAY, UNDERGROUND STORAGE TANK
REGS OR CERTAIN REGULATIONS
BECAUSE OF THEIR SOVEREIGN
IMMUNITY?
>> YOU KNOW, THAT'S A GOOD
QUESTION.
I'M NOT A LAWYER.
IN THE CASE OF THAT EXAMPLE OF
UST REGULATIONS, THE ANSWER
WOULD BE NO.
THE DEPARTMENT OF DEFENSE IS
REQUIRED TO COMPLY WITH THE
FEDERAL ENVIRONMENTAL RULES AND
REGULATIONS, SO I SAY THE ANSWER
WOULD BE NO.
AND ANYTHING LIKE UST
REGULATIONS, THOSE FOR SURE.
AND THE STATES, WHAT'S
CHALLENGING SOMETIMES IS THAT
THE STATES WILL HAVE PRIMACY FOR
THE SAFE DRINKING WATER ACT,
LET'S SAY, SO YOU'LL HAVE A
FEDERAL REQUIREMENT BUT THERE
MIGHT BE RULES OR REGULATIONS AT
THE STATE LEVEL THAT TRUMP THE
FEDERAL REQUIREMENT.
THEY HAVE OWNERSHIP SO TO SPEAK.
THAT'S WHY IT'S IMPORTANT FOR US
TO BE AWARE OF THE STATE
REQUIREMENTS AS WELL AS JUST THE
FEDERAL REQUIREMENTS.
>> OKAY.
AND THE OTHER QUESTION, THIS
PERSON WAS USING THE PHRASE T AS
IN TOM, C AS IN CAT, R AS IN
RICHARD, TALKING ABOUT THIS
BROADLY TCR RATE, SAYING HOW ARE
THE FEDERAL FACILITIES DOING IN
FISCAL 2021 IN TERMS OF THEIR --
I THINK HE'S REFERRING TO THEIR
TOTAL COMPLIANCE RATE, LIKE I
THINK HE WANTS YOU TO TALK
BROADLY ABOUT HOW ARE FEDERAL
FACILITIES DOING IN TERMS OF
THEIR TOTAL COMPLIANCE RATE?
>> THAT'S AN INTERESTING TERM.
I'VE PERSONALLY NEVER SEEN A
TOTAL COMPLIANCE RATE STATISTIC
AT ALL.
SO I DON'T KNOW IF I COULD
ANSWER THAT QUESTION.
I'VE TAKEN A NOTE HERE, AND I'D
BE HAPPY TO LOOK INTO THAT IF
YOU WANTED OR IF THE FACILITATOR
WANTED TO PROVIDE ME WITH THAT
GENTLEMAN OR THAT WOMAN'S POC I
WOULD BE HAPPY TO LOOK INTO
THAT, TOTAL COMPLIANCE RATE.
>> YEAH, I THINK EPA SOMETIMES
YOU'LL HEAR US USE THE TERM
SIGNIFICANT NON-COMPLIANCE.
>> THAT'S A SNC LIST, THAT'S
DIFFERENT.
>> MAYBE HOW ABOUT THE REVERSE
OF THAT?
I DON'T KNOW.
HE WAS AN ARMY PERSON, NOT AN
EPA PERSON.
>> THE SNC LIST, SIGNIFICANT
NON-COMPLIANCE -- I'M SORRY?
>> THAT ONE I'M MORE FAMILIAR
WITH.
I'M USED TO THAT.
IT ALMOST SEEMED LIKE HE WAS
LOOKING AT THE OPPOSITE OF THAT,
LIKE WHAT WAS THE PERCENTAGE OF
COMPLIANCE BROADLY OVER FISCAL
2021, SO HE WAS GOING BACK SIX
MONTHS TO THE FISCAL YEAR THAT
ENDED IN THE FALL.
>> AGAIN, I WILL LOOK INTO THAT
BECAUSE THAT'S KIND OF GOT ME
INTERESTED IN SEEING IF THERE'S
A SCORE CARD ACROSS THE WHOLE
DEPARTMENT OF DEFENSE FOR HOW
WELL THEY ARE COMPLYING.
IT'S NOT JUST FEDERAL BUT ALSO
INDUSTRIAL AND EPA HAS AN
ECO-DATABASE THAT KEEPS TRACK OF
THOSE TYPES OF VIOLATIONS ON THE
ECO-DATABASE.
>> YEAH.
>> ANY OTHER QUESTIONS?
>> THAT'S IT ON THE QUESTIONS
FOR THIS SEGMENT.
THANK YOU.
>> THANK YOU VERY MUCH FOR YOUR
TIME.
I APPRECIATE IT.
AGAIN, WE'RE HERE TO WORK WITH
ANYONE WHO IS INTERESTED IN
GETTING INVOLVED OR HAS
QUESTIONS ON THE DoD.
SOMETIMES FOLKS ARE NOT SURE
WHERE TO GO TO GET INFORMATION.
AND EVEN IF IT'S NOT WITHIN OUR
LANE AS THEY SAY, WE'RE A PORT
OF ENTRY INTO DoD AND CAN GET
THOSE QUESTIONS ANSWERED FOR
FOLKS.
>> THANK YOU SO MUCH, KEVIN.
>> YOU'RE WELCOME.
THANK YOU.
>> NEXT WE WILL HEAR FROM JULIE
JORDAN, PESTICIDES.
SHE'S A MANAGEMENT AND PROGRAM
ANALYST IN ENFORCEMENT AND
COMPLIANCE OF EPA REGION 9,
FEDERAL FACILITY PROGRAM MANAGER
AND ENFORCEMENT OFFICER.
>> CAN YOU HEAR ME?
>> YES.
AND YOU WANTED MY TO SHARE YOUR
PRESENTATION, CORRECT?
>> YEAH, I THINK IT'S JUST
EASIER.
>> CAN EVERYONE SEE?
>> I CAN SEE IT.
I HOPE EVERYBODY ELSE CAN.
>> IF YOU CAN SEE IT OTHER
PEOPLE CAN.
>> I WANT TO SAY I REALLY ENJOY
WORKING WITH OUR DoD REC
FOLKS, THEY ARE GREAT PEOPLE.
AND WHAT A GOOD SEGUE INTO THIS,
THE EXAMPLE THAT KEVIN GAVE
ABOUT RODENTICIDES.
THE PESTICIDE STATUTE IS
COMPLICATED IN NATURE, EVEN
THOUGH IT'S ONE OF OUR SMALLER
PROGRAMS.
AS JUST MENTIONED I'M JULIE
JORDAN, WITH EPA FOR 22 YEARS,
THE MAJORITY OF THAT WORKING ON
PESTICIDE ISSUES.
ALSO WORKING WITH FEDERAL
FACILITIES.
I HAVE TO SAY IT TOOK A GOOD
FIVE YEARS WORKING WITH THIS
PROGRAM TO GET A HANDLE ON WHAT
IT COVERED.
IT'S A VERY OLD STATUTE, THE
FIRST PESTICIDE LAW CAME OUT IN
1910, MEANT TO PROTECT FARMERS
FROM SNAKE OIL SALESMEN.
IT HAS BEEN REAUTHORIZED MORE TO
PROTECT THE CONSUMER, FARM
WORKERS AND OTHERS FROM
PESTICIDES.
I'LL TALK ABOUT WHAT PESTICIDES
ARE AND HOW YOU CAN COMPLY WITH THEM.
NEXT SLIDE.
SO THE LEGAL DEFINITION GOES
THROUGH THE NITTY-GRITTY OF WHAT
IT IS, PESTICIDE IS JUST ABOUT
ANY SUBSTANCE, MIXTURE OF
SUBSTANCES THAT KILLS,
MITIGATES, REPELS, USUALLY A
LIVE ORGANISM.
I'M ONLY AWARE OF ONE EXAMPLE
WHERE EPA TREATED A NON-LIVING
THING AS A PEST.
THAT WAS PRIONS, A
SELF-REGULATING PROTEIN, NOT
EVEN AN ORGANISM, THAT CAUSES
WHAT YOU'VE HEARD OF MAD COW
DISEASE.
OTHER THAN THAT, IT'S AN
ORGANISM BEING CONTROLLED WITH A
SUBSTANCE, THERE ARE TWO OTHER
THINGS WHICH YOU PROBABLY WON'T
RUN INTO VERY OFTEN, PLANT
GROWTH REGULATORS AND NITROGEN
STABLIZERS, DIFFERING FROM
FERTILIZERS, THEY ARE NOT REALLY
A FOOD THAT YOU'RE GIVING THE
PLANT, IT'S MORE ABOUT
CONTROLLING THE GROWTH OF THE
PLANT BY AFFECTING THINGS THE
PLANT RELIES ON LIKE NITROGEN
STABILIZERS, PRODUCT AFFECTING
BACTERIA IN SOIL TO BENEFIT THE
PLANT.
SO, WHAT'S REALLY FASCINATING
ABOUT FIFRA TO ME, YOU CAN TAKE
A BOTTLE OF WATER AND IF YOU
SLAP A LABEL ON IT THAT SAYS
KILLS E. COLI, YOU'VE GOT
YOURSELF A PESTICIDE.
EVEN THOUGH IN REALITY WE KNOW
THAT THAT'S NOT GOING TO BE
EFFICACIOUS.
SO EPA HAS LOTS OF INFORMATION
ABOUT PESTICIDES AND INGREDIENTS
IN PESTICIDES ON OUR WEBSITE.
I PUT ONE LINK HERE BUT THERE'S
A WEALTH OF INFORMATION ON IT.
WE CAN GO TO THE NEXT SLIDE.
OKAY.
SO SOME EXAMPLES OF PESTICIDES,
MOST FOLKS ARE FAMILIAR WITH
INSECTICIDES LIKE BUG SPRAYS, OR
SPOT-ON TREATMENTS ON YOUR CAT
OR DOG, ANT BAITS, SOME COMMON
ONES THAT ARE USED TO CONTROL
INSECTS.
AS KEVIN MENTIONED RODENTICIDE,
PELLETS, BLOCKS, BAITS THAT KILL
RODENT TYPE CREATURES.
HERBICIDES, WEED KILLERS,
ROUNDUP IS THE GRAND, FUNGICIDES
ARE MOLD AND MILDEW PRODUCTS.
MILDEW STAIN IS AN INTERESTING
CLAIM THAT SOME PRODUCTS WILL
HAVE ON IT THAT IS ACTUALLY NOT
A PESTICIDAL CLAIM.
IT GETS KIND OF IN THE WEEDS BUT
IF THE PRODUCT IS KILLING THE
MOLD OR THE MILDEW ORGANISM IT'S
A PESTICIDE.
AND THEN THE CATEGORY THAT A LOT
OF FOLKS DON'T THINK ABOUT
ALTHOUGH WE ARE THINKING ABOUT
THEM A LOT SINCE COVID HAPPENED,
THE ANTIMICROBIAL PRODUCTS, LIKE
PRODUCTS THAT DISINFECT IN
HOSPITALS, THE HOSPITAL GRADE
DISINFECTANTS THAT KILL HIV AN
TB.
THEN THERE ARE CLASSES THAT
REQUIRE A LITTLE DATA LIKE
SANITIZERS AND STERILANTS.
OKAY.
NEXT SLIDE.
THERE ARE OTHER STRANGE EXAMPLES
IN MY CAREER.
A COMPANY REGISTERED A SILVER
ION AS AN ANTIMICROBIAL
TREATMENT THAT COULD GO INTO
ITEMS TO PROTECT THE ITEM FROM
BREAKING DOWN.
THEY ALSO ARE PUT IN BED RAILS,
DOORKNOBS, LIGHT SWITCHES AND IF
THEY MAKE CLAIMS TO PROTECT THE
USER, THEY HAVE TO BE REGISTERED
AS A PESTICIDE.
THAT HAS HAPPENED WITH SILVER
AND COPPER, I BELIEVE THOSE ARE
THE MAIN METALS THAT HAVE BEEN
REGISTERED.
IODINE CARTRIDGES THAT GO INTO
WATER PURIFICATION, YOU MIGHT
SEE THOSE IN CAMPING TYPE
PRODUCTS.
CLOTHING THAT PROTECTS WHEN
YOU'RE AROUND MOSQUITOES OR
BITING INSPECTS TREATED WITH
PERMETHRINE OFTEN.
YOU'LL SEE THE EPA REGISTRATION
NUMBER ON THE TAG.
AND PESTICIDES DEVICES, AIR
TREATMENT, WATER TREATMENT
SYSTEMS, IF THEY HAVE A TOXICANT
I.E. INGREDIENT THAT KILLS
SOMETHING IN THEM, THEY LEAVE
BEING A DEVICE AND BECOME A
PESTICIDE.
ALL RIGHT.
NEXT SLIDE.
SO AGAIN DEVICES ARE INSTRUMENTS
OR CONTRIVANCES, THE LEGAL
DEFINITION, INTENDED FOR
TRAPPING, DESTROYING, REPELLING
OR MITIGATING PESTS OR FORM OF
PLANT OR ANIMAL LIFE.
AND THEY ARE THINGS LIKE AIR
PURIFICATION SYSTEMS, WATER
TREATMENT SYSTEMS, BUG ZAPPERS,
ULTRAVIOLET LIGHTS, SOUND
GENERATORS, THERE'S A WHOLE
BUNCH OF THESE ON THE MARKET.
THE TRICK ABOUT DEVICES IS IF IT
DEPENDS ON THE SKILL OF THE USER
IT'S NOT A PESTICIDAL DEVICE.
IT'S MORE SOMETHING THAT YOU
FLIP ON AND KIND OF DOES ITS OWN
THING WITHOUT YOU HAVING TO DO
ANYTHING.
LIKE A MOUSE TRAP, WHERE YOU
HAVE TO PULL IT BACK AND SET IT,
WE DON'T REGULATE THOSE TYPES OF
PRODUCTS AS DEVICES.
OKAY.
NEXT SLIDE.
SO HOW DO WE REGULATE PESTICIDES
AT EPA?
IT'S QUITE COMPLEX AND DOESN'T
HAPPEN IN A REGIONAL OFFICE.
IT HAPPENS AT OUR HEADQUARTERS,
OFFICE OF PESTICIDE PROGRAMS.
AND SO ANYTHING THAT GOES IN TO
BE A PESTICIDE HAS TO BE
REGISTERED WITH EPA UNDER THE
FEDERAL INSECTICIDE FUNGICIDE
AND RODENTICIDE ACT.
THEY HAVE TO BE PRODUCED A
REGISTERED ESTABLISHMENT, IF
THERE'S EVER A PROBLEM WITH THE
PRODUCT WE WANT TO KNOW WHERE IT
CAME FROM SO WE CAN GO BACK TO
THAT SOURCE.
SOME FOLKS THINK WHY DO YOU HAVE
TO COMPLY WITH THAT
ESTABLISHMENT NUMBER ON THE
LABEL?
IT'S REALLY JUST A PAPERWORK
THING BUT THAT'S THE REASON.
IT NEEDS TO BE TRACED BACK TO
THE SOURCE IF IT'S CONTAMINATED
OR SOME OTHER ISSUE WITH IT.
AND THEN IN THIS PROGRAM YOU
LEARN EARLY ON THE LABEL IS THE
LAW.
THAT THING YOU READ TO FIGURE
OUT HOW TO USE THE PRODUCT AND
HOW TO USE IT EFFECTIVELY AND
HOPEFULLY SAFELY, IS THIS LABEL.
AND SO EPA HAS REQUIREMENTS,
QUITE A FEW REQUIREMENTS, WHAT
HAS TO BE ON THAT LABEL.
WE'LL GO THROUGH THAT AS WELL.
AND THEN OF COURSE YOU HAVE TO
USE THEM ACCORDING TO THE LABEL,
ALL PESTICIDES WILL HAVE A
STATEMENT ABOUT USING THE LABEL
IN A MANNER CONSISTENT WITH ITS
LABEL AND LABELING.
NEXT SLIDE PLEASE.
SO DEVICES, THEY ARE NOT
REGULATED THE SAME WAY AS
PESTICIDES.
THE SORT OF THRESHOLD FOR
DEVICES IS THEY HAVE TO BE
PRODUCED IN A REGISTERED
ESTABLISHMENT.
THEY HAVE TO BEAR THAT
ESTABLISHMENT NUMBER ON THE
PACKAGING.
AND THEN THEY CANNOT MAKE ANY
FALSE OR MISLEADING CLAIMS.
SO, THAT'S QUITE A BROAD THING.
AND DURING COVID WE SAW A LOT OF
AIR PURIFICATION DEVICES MAKING
COVID CLAIMS.
I WOULD SAY PRODUCERS OF THESE
PRODUCTS SHOULD HAVE DATA TO
BACK UP THAT IT DOES WHAT IT
SAYS IT'S GOING TO DO.
OTHERWISE IT COULD BE FOUND TO
BE FALSE AND MISLEADING,
ESPECIALLY IF YOU'RE GOING TO
MAKE HUMAN HEALTH CLAIMS.
IF IT SOUND TOO GOOD TO BE TRUE,
YOU NEED TO SCRUTINIZE CAREFULLY
AND IT'S FAIR TO ASK THE
MANUFACTURER WHETHER THEY HAVE
PROOF THAT IT KILLS WHAT THEY
SAY IT'S GOING TO KILL.
ALL RIGHT.
NEXT SLIDE.
WHEN YOU GO TO BUY A PESTICIDE
FOR YOUR FACILITY OR IF YOU'RE
GOING TO HIRE SOMEBODY WHO IS
GOING TO DO PEST CONTROL SERVICE
FOR YOU, THERE ARE CERTAIN
THINGS YOU SHOULD LOOK FOR, THAT
EPA REGISTRATION NUMBER, DOES IT
HAVE THAT, DOES IT HAVE
ESTABLISHMENT NUMBER?
OTHER THINGS YOU CAN LOOK FOR,
IF YOU'RE LOOKING FOR SORT OF A
LESS TOXIC PRODUCT, PESTICIDES
HAVE WHAT WE CALL SIGNAL WORDS,
DANGER, WARNING, CAUTION, SOME
PESTICIDES DON'T HAVE A SIGNAL
WORD ON THEM AND THAT'S USUALLY
BECAUSE THEY ARE SO LOW IN
TOXICITY THEY DON'T TRIGGER THE
NEED FOR THAT.
OBVIOUSLY DANGER IS GOING TO BE
THE MOST I DON'T WANT TO SAY
DANGEROUS BUT THE HIGHER
TOXICITY TYPE PRODUCTS.
THEY WILL HAVE A FIRST AID
STATEMENT, IF YOU GET IT IN YOUR
EYES WHAT DO YOU DO?
DO YOU RINSE WITH WATER OR DO
YOU DO SOMETHING ELSE?
THEY WILL HAVE STORAGE AND
DISPOSAL DIRECTIONS.
SO WHAT DO YOU DO IF YOU HAVE
HALF EMPTY CONTAINER OF IT?
SO WE HAVE WHAT'S CALLED A LABEL
REVIEW MANUAL.
I'VE PUT THE LINK HERE.
YOU CAN LOOK AT THAT.
WE USE THAT A LOT IN THE REGION
SINCE WE'RE NOT THE FOLKS WHO
ACTUALLY REGISTER THE PRODUCTS,
AND IT'S HELPFUL TO KNOW LIKE
WHAT FONT IS SUPPOSED TO BE ON
ON A PESTICIDE LABEL, THAT TYPE
OF THING.
THERE'S JUST A WEALTH OF
INFORMATION IN THAT LABEL REVIEW
MANUAL.
AND ANYBODY CAN READ IT.
IT'S COMPLETELY TRANSPARENT
ABOUT WHAT WE'RE REQUIRING ON
THESE PRODUCTS.
THIS IS A GOOD EXAMPLE OF A
LABEL.
THEY CANNING COMPLICATED.
I DID OUTREACH YEARS AGO AND WE
PASSED OUT MAGNIFYING BOOK MARKS
FOR FOLKS TO USE ON SOME OF
THESE FINE PRINT LABELS BECAUSE
IT IS IMPORTANT YOU READ THE
WHOLE THING BEFORE YOU USE IT.
BUT THERE'S SOME KEY THINGS
YOU'D BE LOOKING FOR.
THERE'S THE SIGNAL WORD, THIS
ONE SAYS CAUTION, IF YOU CAN'T
READ THAT.
THERE ARE THE -- I CAN'T EVEN
SEE IT, PRECAUTIONARY
STATEMENTS, THE FIRST AID
STATEMENT, WE HAVE ENVIRONMENTAL
HAZARDS ON THIS ONE BECAUSE IT
HAPPENS TO BE A PRODUCT THAT I
WOULD GUESS SOMEBODY LIKE FISH
AND WILDLIFE OR USDA MIGHT USE,
SO WE HAVE ENVIRONMENTAL HAZARDS
ON HERE.
WE HAVE DIRECTIONS FOR USE.
WE HAVE THAT REGISTRATION
NUMBER, ESTABLISHMENT NUMBER,
WHO THE MANUFACTURER IS.
WE HAVE STORAGE AND DISPOSAL
WHICH TELLS YOU STORE IT BELOW
ROOM TEMPERATURE, STORE BAIT IN
A DRY LOCATION, THOSE ARE THE
TYPE OF THINGS YOU WANT TO MAKE
SURE YOU FOLLOW IF YOU'RE GOING
TO BE DOING THE APPLICATION.
AND THE REST OF THIS IS A LOT
ABOUT THE USE DIRECTIONS.
USE DIRECTIONS FOR MANY PRODUCTS
CAN BE VERY, VERY COMPLICATED,
AND IT DEPENDS ON WHAT YOUR
TARGET PEST IS.
FOR THIS ONE, THIS HAS TO DO
WITH REDUCING EGG HATCH IN
CANADA GEESE.
PROBABLY NOT A PRODUCT YOU'LL BE
USING AT HOME BUT IF YOU'RE IN
WILDLIFE CONSERVATION THIS MIGHT
BE THE TYPE OF THING YOU'RE
GOING TO BE LOOKING AT.
OVER THE YEARS I'VE HAD A NUMBER
OF VERY INTERESTING CASES.
THIS WAS A PRODUCT FROM ONE OF
MY CASES.
YOU CAN'T SEE THIS BUT I'VE
HIGHLIGHTED THAT THERE IS A
COUPLE STATEMENTS ON THIS SHOE
INSERT TAG, WHICH ONE SAYS
ORTHOTIC CUSTOM ANTIMICROBIAL
FOOT BED.
ANOTHER PLACE IT SAYS
ANTIMICROBIAL SILVER AGENT
INHIBITS GROWTH OF ODORS AND
DISEASE-CAUSING BACTERIA.
SO, RIGHT AWAY AS A FIFRA
ENFORCEMENT OFFICER I'M LOOKING
AT THIS AND I'M SAYING TO
MYSELF, OKAY, THERE ARE TWO
PESTICIDAL CLAIMS HERE.
IT'S CLAIMING TO PROTECT THE
PERSON WEARING THE SHOES, RIGHT?
BECAUSE IT SAYS IT DOESN'T
SPECIFY THAT THIS IS PROTECTING
THE SHOE, IT JUST SAYS INHIBITS
GROWTH OF ODORS AND
DISEASE-CAUSING BACTERIA.
SO SOMEBODY COULD THINK IF I
WEAR THESE, I'M NOT GOING TO GET
ATHLETES FOOT OR SOME KIND OF
BACTERIAL INFECTION ON MY FEET.
SO, THIS PRODUCT, THIS SHOE,
BELIEVE IT OR NOT, WOULD NEED TO
BE REGISTERED AS A PESTICIDE.
OBVIOUSLY THE COMPANY DID NOT
INTEND THAT.
THEY INCORPORATED SILVER ION
INTO THE SHOE AND REALLY IF THEY
DIDN'T HAVE THE DISEASE-CAUSING
CLAIM AND ANTIMICROBIAL CLAIM
COULD SELL THIS AS A TREATED
ARTICLE, EXEMPTION IN FIFRA AS
LONG AS YOU'RE NOT MAKING THESE
PESTICIDAL CLAIMS YOU CAN
INCORPORATE THAT REGISTERED
PRODUCT.
THIS WAS QUITE A BIG CASE.
IT HAD A SIX FIGURE PENALTY
BECAUSE A LOT WAS SOLD, VERY
INTERESTING.
NEXT SLIDE PLEASE.
AND ANOTHER ONE, AND THIS WAS A
FUNNY ONE.
SO THAT HIGHLIGHTED ON THE
PLAQUE, COATED TO PROTECT
AGAINST GERMS.
SO, THIS IS A TOILET FLUSH
MECHANISM THAT SHOWED UP IN
FEDERAL FACILITIES, BY THE WAY.
THE COMPANY THAT PRODUCED
HARDWARE, THE GREEN FLUSH
MECHANISM HAD THE SILVER IONS
INCORPORATED IN IT.
AND SO WE HAD TO HAVE THAT CLAIM
REMOVED SO FOLKS DIDN'T THINK
THEY WOULD BE PROTECTED BY
TOUCHING THAT TOILET FLUSH
MECHANISM.
NEXT SLIDE PLEASE.
HERE'S ANOTHER PRODUCT WHICH WAS
COMMON, STILL SOLD IN A LOT OF
RETAILERS.
THIS IS A PRODUCT THAT WAS
IMPORTED FROM MEXICO.
AND THERE'S A COUPLE OF ISSUES
WITH THIS.
FIRST IT LOOKS LIKE A DRINK,
RIGHT?
BRIGHT COLORS, LOOKS LIKE
KOOL-AID IN A BOTTLE.
UNFORTUNATELY THIS IS A CLEAN
TYPE PRODUCT WHICH HAS A
PESTICIDAL CLAIM ON IT.
CLAIMS ANTIBACTERIAL.
SO, WE HAD A NUMBER OF CASES
WITH ILLEGAL PRODUCTS LIKE THIS
THAT ARE SOLD IN MORE ETHNIC
TYPE MARKETPLACES, UNFORTUNATELY
THIS GOT A NUMBER OF ENFORCEMENT
ACTIONS AGAINST IT.
NEXT SLIDE PLEASE.
AND ANOTHER ONE THAT NEVER SEEMS
TO GO AWAY.
AND THIS IS PRETTY OBVIOUS.
IT HAS A COCKROACH ON IT.
IT'S USED AGAINST ANTS AS WELL.
AND IT SAYS MIRACULOUS
INSECTICIDE CHALK.
OVER THE YEARS, THIS IS ANALYZED
A NUMBER OF TIMES AND IT HAS
SOME PRETTY NASTY INGREDIENTS IN
IT.
IT'S VERY, VERY CHEAP AND SEEMS
TO BE EVERYWHERE AND NEVER GOES
AWAY.
YOU CAN FIND IT ON E-BAY AND
PLACES LIKE THAT.
IT LOOKS LIKE CHALK BOARD CHALK,
AND KIDS HAVE PUT IT IN THEIR
MOUTHS.
YOU KNOW, KIDS PUT STUFF IN
THEIR MOUTHS SO WE WERE
CONCERNED ABOUT THIS AND DID A
BIG COMPLIANCE ASSISTANCE AND
ENFORCEMENT BLITZ ON IT SEVERAL
TIMES IN THE PAST.
SO, YOU SEE THIS, DON'T BUY IT.
ALL RIGHTY.
NEXT SLIDE PLEASE.
WHAT DOES IT MEAN FOR YOU AS A
FEDERAL FACILITY?
IF YOU'RE BUYING PESTICIDES FOR
USE IN YOUR FACILITY MAKE SURE
THEY ARE REGISTERED, MAKE SURE
THEY ARE PRODUCED IN A
REGISTERED ESTABLISHMENT.
SO THEY HAVE THOSE NUMBERS ON
THEM.
YOU HAVE TO FOLLOW ALL THE LABEL
DIRECTIONS.
AND AS KEVIN MENTIONED OR
SOMEBODY ASKED ABOUT, YOU KNOW,
COMPLYING WITH STATE AND
FEDERAL, YOU DO HAVE TO COMPLY
WITH BOTH EPA AND THE STATE, AND
I'LL GO MORE INTO THAT IN A
MINUTE.
STATES DO HAVE THEIR OWN
PESTICIDE REGULATIONS.
THEY ALSO DO HAVE PRIMACY FOR
PESTICIDE USE.
EPA HAS LEAD ON SALE AND
PRODUCTION.
THE STATE IS USUALLY THE ONE
INVESTIGATING.
THIS IS GETTING INTO SOVEREIGN
IMMUNITY.
I'M NOT AN ATTORNEY. EXECUTIVE
ORDER 12088 SAYS FEDERAL
AGENCIES HAVE TO COMPLY WITH ALL
FEDERAL, STATE, LOCAL POLLUTION
CONTROL REQUIREMENTS.
AND THAT INCLUDES STATUTE LIKE
FIFRA.
IN ADDITION TO THAT AS I
MENTIONED, STATES HAVE PRIMACY,
AS LONG AS THEY HAVE A
COOPERATIVE AGREEMENT WITH EPA
AND ALL OF STATES IN MY REGION
DO.
THERE MAY BE A COUPLE IN THE
COUNTRY WHO DON'T TAKE THAT
PRIMACY AUTHORITY BUT THE
MAJORITY DO AND SO THEY MAY BE
THE ONES KNOCKING ON YOUR DOOR
TO DO AN INSPECTION, WE HAVE
INSPECTION AUTHORITY UNDER
SECTIONS 8 AND 9 OF FIFRA AS
WELL FOR SALE AND DISTRIBUTION
OF PESTICIDES, SO WE COULD
CONCEIVABLY INSPECT FOR THOSE
REGULATIONS AS WELL.
AND THEN OF COURSE STATES HAVE
PRIMACY FOR USE.
NEXT SLIDE PLEASE.
SO HERE'S ANOTHER THING THAT
MIGHT BE UNIQUE TO FEDERAL
FACILITIES.
IF YOU HIRE SOMEONE TO COME AND
APPLY PESTICIDES AT YOUR
FACILITY, I.E. YOU'RE NOT DOING
THE APPLICATION YOURSELF, YOU'RE
HIRING A PEST CONTROL COMPANY,
YOU WANT TO MAKE SURE THAT THEY
ARE PROPERLY CERTIFIED WITH THE
STATE AND THAT'S ANOTHER PROGRAM
THAT THE STATES HAVE THE LEAD
ON.
THEY CERTIFY PEST CONTROL
OPERATORS UNDER MANY CATEGORIES,
AND EACH STATE HAS SLIGHTLY
DIFFERENT REGS ON THAT.
SO, IF YOU'RE EVER IN QUESTION
ABOUT A PEST CONTROL BUSINESS, I
WOULD DEFINITELY CHECK WITH THE
STATE ON THEM AND MAKE THAT THEY
ARE PROPERLY CERTIFIED.
NEXT SLIDE PLEASE.
THIS IS A MASSIVE SLIDE.
I HAD TO FIND ALL THESE
CITATIONS.
THIS WAS A HUGE CASE IN
CALIFORNIA, AGAINST A COMPANY
CALLED PEST MASTER SERVICES.
AND BASICALLY THIS IS A PEST
CONTROL COMPANY WHO GOT
THEMSELVES ONTO GSA, MANY OF US
CONTRACT ARE SERVICE PROVIDERS
THROUGH GSA SCHEDULES.
FOR THOSE WHO DO CONTRACTING,
YOU KNOW WHAT I'M TALKING ABOUT.
THIS COMPANY WAS ON THERE.
AND SO A NUMBER OF FEDERAL
AGENCIES HIRED THIS COMPANY.
BUREAU OF RECLAMATION, VETERANS
AFFAIRS, FEDERAL BUREAU OF
PRISONS, I'M TRYING TO THINK.
THOSE WERE THE MAIN ONES.
SO BASICALLY THIS GENTLEMAN LIED
TO THESE AGENCIES.
HE DID NOT HAVE THE PROPER
CERTIFICATION.
HE ALLOWED ILLEGAL RELEASE OF
PESTICIDES, I'M TRYING TO
REMEMBER, FOLSOM DAM.
SO, YOU KNOW, THIS IS JUST A BAD
DEAL.
THIS IS WHY YOU HAVE TO BE
REALLY CAREFUL ABOUT WHO YOU
HIRE.
SO, THIS CASE GOT BIG ATTENTION
A FEW YEARS AGO.
I HAD TO PAY $575,000 IN
PENALTIES.
AND THEN DO A BUNCH OF TRAINING
AND SOME OTHER THINGS THE STATE
REQUIRED.
SO, BIG RAMIFICATIONS, IF A
COMPANY DOES SOMETHING
FRAUDULENT WITH PESTICIDES.
ALL RIGHT.
NEXT SLIDE PLEASE.
SO WHY DOES IT ALL MATTER?
THIS WAS A CASE I HAD AT A
TRIBE, NOT A FEDERAL FACILITY
BUT THIS WAS A PEST CONTROL
COMPANY WHO WAS APPLYING
PESTICIDE IN A CHILD CARE CENTER
AT THE TRIBE.
THE LABEL CLEARLY STATED DO NOT
APPLY IN OCCUPIED CLASSROOMS.
IT HAD A BUNCH OF OTHER
PRECAUTIONARY LANGUAGE ON IT
THAT, YOU KNOW, IT'S OBVIOUS
YOU'RE NOT SUPPOSED TO AN --
APPLY WHEN PEOPLE ARE AROUND.
FOR HOSPITALS, IT SAYS OCCUPANTS
MAY RETURN WHEN SURFACES DRY.
WE PURSUED ENFORCEMENT.
YOU CAN SEE A CHILD WAS IN A
CRIB WHILE THIS PERSON WAS
SPRAYING PESTICIDES IN THE ROOM.
REALLY NOT A GOOD THING.
NEXT SLIDE PLEASE.
AND ANOTHER ISSUE THAT WE DEALT
WITH RECENTLY DURING THE
PANDEMIC, THERE WAS A DETENTION
CENTER IN SOUTHERN CALIFORNIA
WHERE LOTS OF ALLEGATIONS WERE
MADE THAT DETAINEES WERE BEING
EXPOSED TO PESTICIDES SO WE DID
INVESTIGATE THIS AND FOUND THAT
THERE WERE A NUMBER OF INSTANCES
OF INCONSISTENT USE OF
DISINFECTANTS AT THAT FACILITY.
SO WHEN WE HEAR ABOUT THESE
THINGS WE TAKE IT SERIOUSLY AND
WE INVESTIGATE AND WE TAKE
ACTION AS APPROPRIATE.
NEXT SLIDE PLEASE.
AND WE ARE DONE.
I ALSO WANTED TO MENTION, YOU
KNOW, I DIDN'T TALK MUCH ABOUT
COVID.
COVID HAS KIND OF BROUGHT THIS
PROGRAM TO THE FOREFRONT.
THERE ARE PRODUCTS REGISTERED.
THERE WAS A TIME YOU HAD TO LOOK
FOR A PRODUCT FOUND TO BE JUST
AS EFFECTIVE EVEN THOUGH NOT
REGISTERED FOR COVID.
YOU NOW HAVE OPTIONS FOR THAT.
THAT'S LESS OF AN UNKNOWN THING
NOW.
OKAY.
SO QUESTIONS?
>> THERE WAS A QUESTION ABOUT
DISPOSAL.
LIKE THE PERSON ASKED ABOUT
SUPPOSE THEY HAVE A PESTICIDE,
EXPIRATION DATE HAS GONE OFF,
THERE MAY BE A THIRD OF THE
PRODUCT IN THERE.
AND THEY FEEL AS IF THEY WANT
YOU TO TALK ABOUT DISPOSAL OF
WASTE PESTICIDES.
>> SO, IF YOU'RE AN INDIVIDUAL
WITH A PESTICIDE LIKE THAT, YOU
WOULD TAKE IT TO YOUR LOCAL
HOUSEHOLD HAZARDOUS WASTE.
IF YOU'RE TALKING PESTICIDES AT
YOUR FACILITY, I'M NOT A RCRA
EXPERT.
BUT IF IT'S A PRODUCT THAT'S NOW
A WASTE, I WOULD THINK YOU WOULD
NEED TO WORK WITH YOUR HAZARDOUS
WASTE DISPOSAL FOLKS SO IT KIND
OF DEPENDS IF YOU'RE ASKING FROM
A FACILITY STANDPOINT OR IF
YOU'RE TALKING YOU HAVE
SOMETHING AT HOME.
THEN IT'S YOUR HOUSEHOLD LOCAL
SANITARY PEOPLE.
USUALLY HAVE A HOUSEHOLD
HAZARDOUS WASTE PROGRAM.
>> I THINK THE PERSON WAS SORT
OF ON THE JOB LOOKING AT
INVENTORY REALIZING SOME
PESTICIDES THEY HAD IN THEIR
STORAGE UNIT HAD GONE OFF IN THE
SENSE THAT THEY ARE LOOKING AT
THE EXPIRATION DATE, JUNE OF
2019, AND THEY ARE FIGURING OUT,
WELL, THIS HAS TO BE DISCARDED,
COULD BE A RCRA HAZARDOUS WASTE
AT THAT POINT.
>> YEAH, OBVIOUSLY READ THE
STORAGE AND DISPOSAL DIRECTIONS
ON THE PRODUCT BECAUSE IT MIGHT
ACTUALLY SPECIFY WHAT YOU'RE
SUPPOSED TO DO WITH ANY UNUSED
PRODUCT.
SOME LABELS DO HAVE THAT.
IF IT DOESN'T, YEAH, I WOULD GO
THE HAZARDOUS WASTE METHOD.
>> THAT WAS THE ONLY ONE THAT
CAME IN ON PESTICIDES.
>> OKAY.
I WENT THROUGH IT FAST.
IT CAN BE A COMPLICATED PROGRAM
BECAUSE IT'S NOT ALWAYS OBVIOUS,
IF SOMETHING IS A PESTICIDE.
MY E-MAIL IS HERE, IF YOU HAVE
QUESTIONS YOU CAN CERTAINLY
CONTACT ME AFTER THIS.
I'M HAPPY TO TRY TO PUT YOU IN
CONTACT WITH THE RIGHT ANSWERS.
>> SOUNDS GOOD.
I'M GOING TO PASS BACK TO JESS.
>> OKAY.
THANK YOU ALL.
>> THANK YOU SO MUCH, JULIE.
THE FINAL PRESENTATION IS OPEN
BURNING AND OPEN DETONATION OF
EXPLOSIVE WASTE UNDER YOU THE
RESOURCE CONSERVATION AND
RECOVERY ACT, RCRA.
SASHA GEARHART HAS 20 YEARS OF
EXPERIENCE WITH THE POLICY AND
GUIDANCE AS RELATES TO THERMAL
TREATMENT OF HAZARDOUS WASTE AND
ENERGETIC HAZARDS UNDER RCRA,
CURRENTLY ENERGYETIC TEAM LEAD
IN OFFICE OF RCRA AND FOCUSES ON
REGULATORY AND PERMITTING
CHALLENGES TO OPEN BURNING, OPEN
DETONATION.
TAKE IT, SASHA.
>> HI.
THANKS FOR HAVING ME TODAY.
I'M GOING TO SHARE MY SCREEN.
>> WE CAN SEE IT.
>> OKAY, PERFECT.
ALL RIGHT.
NOW MY SCREEN DOESN'T HAVE IT
ON.
BUT OKAY.
WELL, MY APOLOGIES IN ADVANCE,
I'M NOT -- I'M LOOKING FOR MY --
I THOUGHT I HAD THIS ALL WORKED
OUT.
OKAY.
THERE WE GO.
ALL RIGHT.
SO THANKS FOR HAVING ME TODAY.
I'M GOING TO TALK, SWITCHING
STATUTES, AND IT'S THE END OF
THE DAY SO I'LL TRY TO KEEP THIS
AS LIVELY AS I CAN.
SO JUST TO GIVE YOU ALL AN
OVERVIEW OF WHAT I'M GOING TO
TALK ABOUT TODAY, A QUICK
REGULATORY HISTORY, WITH REGARD
TO OPEN BURNING AND OPEN
DETONATION OF WASTE EXPLOSIVES,
SHOW YOU WHAT THE PRESENT
UNIVERSE LOOKS LIKE, ALSO
INFORMATION WE'VE COLLECTED,
LESSONS LEARNED OVER DECADES AND
CERTAIN REQUESTS AND ACTIONS
TAKEN AS WELL.
I'LL GIVE A PERSPECTIVE ON OB/OD
FROM EPA STAGED -- STANDPOINT
AND WRAP UP WITH REVISIONS TO
UPCOMING RULEMAKING AND WE'LL
HAVE TIME FOR QUESTIONS.
SO, GOING BACK TO 1980, EPA
PUBLISHED A RULE THAT INCLUDED A
BAN ON OPEN BURNING OF HAZARDOUS
WASTE BECAUSE THE POTENTIAL TO
HUMAN HEALTH HAZARDS ASSOCIATED
WITH PRACTICE DICTATED THAT OPEN
BURNING BE ENDED.
HOWEVER, WE ALSO INCLUDE AN
EXEMPTION WHICH WAS TO ALLOW THE
OB/OD OF WASTE EXPLOSIVE NOT
SAFELY DISPOSED OF THROUGH OTHER
MODES OF TREATMENT.
WASTE EXPLOSIVES CAN INCLUDE
MUNITIONS, PROPELLANTS, ROCKET
PROPELLANTS, BLASTING AGENTS,
FIREWORKS, FLARES, AND AUTOAIR
BAG INITIATORS.
SO IT COVERS A WHITE RANGE -- A
WIDE RANGE OF ITEMS AND WASTE.
I'LL SAY MOST FEDERAL FACILITIES
UNDER SUCH REGULATIONS WOULD BE
DEPARTMENT OF DEFENSE,
DEPARTMENT OF ENERGY, AND NASA
OF COURSE.
ALL THESE FEDERAL ENTITIES OWN
AND OPERATE OB/OD UNITS FOR
THESE TYPES OF WASTE.
SO, MOVING FORWARD A BIT TO
1987, EPA PUBLISHED A FINAL RULE
FOR MISCELLANEOUS UNITS.
THOSE ARE UNITS THAT DON'T
REALLY -- THEY ARE UNIQUE AND
DON'T REALLY FALL UNDER ANY OF
OUR OTHER STANDARDS.
SO, THESE ARE PERMITTING
STANDARDS DESIGNED TO ENSURE
COMPLIANCE WITH ENVIRONMENTAL
PERFORMANCE STANDARDS.
LOCATED IN 2 64.601.
AND INTERIM STATUS STANDARDS.
THEY ARE NOT PRESCRIBED
TECHNICAL STANDARDS YOU WOULD
FIND FOR INCINERATORS, FOR
EXAMPLE.
SO, THEN ALSO NOTING THAT THE
1987 FINAL RULE ESTABLISHED
OB/OD AS TREATMENT AND NOT
DISPOSAL, SIGNIFICANCE THERE IS
THAT OB - OD IS NOT SUBJECT TO
LAND DISPOSAL RESTRICTIONS AND
MUST THEREFORE CLEAN CLOSE.
IT'S QUITE A BIT DIFFERENT THAN
1980, THAT WAS OUR DATABASE
ESSENTIALLY TRACKS 225
FACILITIES OVER THE YEARS BUT
RIGHT NOW WE ARE DOWN TO 67
OPERATING FACILITIES, JUST WANT
TO NOTE THAT THAT DOES NOT
INCLUDE OPEN BURNING AND OPEN
DETONATION THAT'S CONDUCTED IN
RESPONSE TO EMERGENCIES,
TRAINING, OR RANGE MANAGEMENT.
THAT'S JUST YOUR MOSTLY
TREATMENT STORAGE DISPOSAL
FACILITIES REGULATED UNDER RCRA.
AND SO IN A NUTSHELL, TWO-THIRDS
ARE NO LONGER OPERATING, IN
VARIOUS STAGES OF CLOSURE.
WE HAVE 138 FACILITIES IN
CLOSURE STATUS OR THAT HAVE
CLOSED, SEVERAL INACTIVE, NOT
YET CLEAN CLOSE.
WE HAVE ROUGHLY 7% IN POST
CLOSURE STATUS.
AND DoD HAS BEEN ASSISTING US
WITH ASSESSMENT OF THE CLOSURE
STATUS OF THEIR FACILITIES SINCE
YOU CAN SEE THEY HAVE, YOU KNOW,
WHILE THERE'S A FAIR NUMBER IN
THE PRIVATE SECTOR, MAJORITY
TEND TO FALL UNDER DoD'S
PURVIEW.
SO, WE HAVE A LOT OF DIFFERENT
CODES IN OUR RCRA DATABASE THAT
PERTAIN TO CLOSURE, SOME YOU CAN
BE INACTIVE CLOSING, YOU CAN BE
UNDER DELAY OF CLOSURE,
CONVERTED BUT NOT RCRA CLOSED,
CLEAN CLOSE, A LOT OF CLOSURE
CODES.
AND SO WHAT WE'RE TRYING TO DO
IS ASCERTAIN WHAT IS HAPPENING
IN PRACTICE, WHAT DOES IT MEAN
WHEN A FACILITY IS INACTIVE AND
CLOSING.
SO, THAT'S KIND OF WHAT WE'RE
ATTEMPTING TO DO AND DoD IS
HELPING US TO BETTER UNDERSTAND
SO THAT IF WE NEED TO MAKE
REVISIONS OR CLARIFICATIONS TO
OUR CODES AND OUR SYSTEM THAT
MORE ACCURATELY DEMONSTRATE WHAT
IS ACTUALLY GOING ON OUT THERE.
SO, WHAT HAVE WE LEARNED OVER
THESE DECADES SINCE EPA FIRST
PUBLISHED OUR RULES?
YOU KNOW, WE HAVE TECHNOLOGY
ADVANCES AND SO WE'VE LEARNED
THAT THERE ARE VIABLE
ALTERNATIVES TO OB/OD.
THE NATIONAL ACADEMIES OF
SCIENCE ENGINEERING AND MEDICINE
PUBLISHED A REPORT IN 2019 FOR
CONVENTIONAL MUNITIONS, EPA
FOLLOWED WITH A SIMILAR BUT
SEPARATE REPORT IN 2019
DOCUMENTING AVAILABLE
ALTERNATIVES.
THE MAJORITY OF -- WE HAVE
OPERATING ALTERNATIVES IN PLACE,
THAT HAVE REDUCED THE AMOUNT OF
WASTE GOING TO OB/OD, AND
SOMETIMES IN SOME CASES THEY
HAVE EVEN -- WERE ABLE TO
ELIMINATE THE NEED, AND SOME
DEVICES, YOU MAY BE FAMILIAR
WITH, WOULD BE STATIC DETONATION
CHAMBERS, CONFINED BURN
CHAMBERS, A LOTS OF THERMAL
TREATMENT IS PREDOMINANTLY THE
MOST SUCCESSFUL TYPE OF
ALTERNATIVE OUT THERE.
SO OF COURSE THE MAIN DIFFERENCE
BETWEEN THOSE ARE IN CLOSED
TECHNOLOGIES AS OPPOSED TO OPEN
BURN OPEN DETONATION OPERATIONS.
WHAT DO WE KNOW ABOUT AIR
EMISSIONS?
IT'S STILL A VERY DIFFICULT AREA
TO MEASURE AND MONITOR.
YOU KNOW, THERE HAVE BEEN MANY
ATTEMPTS TO PLACE MONITORS AT
THE FENCE LINE.
BACK IN EARLY 2000s I BELIEVE
AIR STOP -- AEROSTAT BALLOONS,
MORE RECENTLY DRONES, WHERE THE
EQUIPMENT IS PLACED ON THE
DRONE, THE DRONE CAN FOLLOW THE
FLUME FROM PLUME FROM OPEN BURN
AND MORE RECENTLY SUCCESSFULLY
SAMPLED FROM OPEN DETONATIONS.
WHY ARE WE LOOKING TO MEASURE
EMISSIONS?
OF COURSE IT ALL COMES DOWN TO
WHAT IS THE RISK POSED AND SO
PART OF THIS IS DEVELOPING
EMISSION FACTORS THAT CAN BE
USED IN MODELING, WE'RE GIVEN
MORE DATA, STILL MUCH TO LEARN
THERE.
AND SO ANOTHER AREA THAT WE'VE
ALSO BEEN SEEKING TO LEARN MORE
ABOUT IS CLOSURE, AND AGAIN
MENTIONING MY PREVIOUS SLIDE WAS
THE DATA, WHAT THOSE CLOSURES
LOOKS LIKE BUT ALSO WE'RE
LOOKING AT CASE STUDIES.
AND CASE STUDIES FOR FACILITIES,
OB/OB/OD FACILITIES THAT HAVE
CLOSED AND WE'RE INTERESTED IN
KNOWING HOW WE CAN STREAMLINE OR
MAKE CLEANUP ACTIONS, YOU KNOW,
MORE EFFICIENT BY STUDYING WHAT
PROCEDURES HAVE BEEN USED IN THE
PAST TO IDENTIFY EXTENT OF
CONTAMINATION AND THE CLEANUP.
AND THEN OF COURSE DOCUMENTING
EXTENT OF CONTAMINATION.
SO IT'S REALLY -- WE'RE LOOKING
TO ASSESS THE ABILITY OF
FACILITIES TO CLEAN CLOSE, AND
CERTAINLY ANOTHER AREA OF
INTEREST IS HOW MUCH DOES IT
COST TO CLOSE AN OB/OD FACILITY.
SO, THE CLOSURE STUDIES, CASE
STUDIES I WAS REFERRING TO,
WE'VE LOOKED AT NINE INDIVIDUAL
FACILITIES THAT HAVE CLOSED OR
CLEAN CLOSED, AND, YOU KNOW, THE
COSTS CAN BE SIGNIFICANT.
SOME CASE STUDIES PUT COST
AROUND $200 MILLION.
CONTAMINANTS THAT HAVE EXCEEDED
E PA CLEANUP ACTION LEVELS,
WE'VE OF OF EXPLOSIVES, HEAVY
METALS.
IT'S IMPORTANT WE RECOGNIZE A
LOT OF THESE CLOSURE CASE
STUDIES ARE FROM FACILITIES
THAT, YOU KNOW, OPERATED
PRE-RCRA, SO THERE WEREN'T
REALLY CONTROLS IN PLACE, SO WE
HAVE SOME MORE RECENT CASE
STUDIES THAT HAVE -- WHERE THE
FACILITIES HAVE OPERATED WITH
CONTROLS IN PLACE, SO THERE'S
DEFINITELY A DIFFERENCE IN WHAT
WE'RE SEEING BUT NONETHELESS
THERE'S STILL -- WE'RE STILL
FINDING CONTAMINATIONS.
OVER THE YEARS THERE'S BEEN
INTEREST OFF AND ON IN WHAT CAN
WE DO ABOUT OB/OD, RECOGNIZING
IT'S A PRACTICE THAT'S NEEDED.
BUT YET, YOU KNOW, THERE ARE
ALTERNATIVES, WE GO BACK TO AN
INTERESTING RULING FROM 1996, BE
FOUND THAT THEY WANTED TO
PROMOTE ALTERNATIVE TECHNOLOGIES
AND ALSO PHASE OUT OB/OD AS SOON
AS POSSIBLE, IN SOME CASES THAT
HAS OCCURRED THROUGH BASE
REALIGNMENT AND CLOSURE
ACTIVITIES, DoD HAS
SIGNIFICANTLY REDUCED NUMBER OF
OB/OD FACILITIES AND UNITS THAT
THEY HAVE USED.
YOU DID SEE IN THE EARLIER
SLIDES THERE'S A SIGNIFICANT
REDUCTION.
VARIABLES ARE IN PLAY.
RECENT CONGRESSIONAL ACTIONS
HAVE INCLUDED THE NATIONAL
ACADEMIES TO DO ALTERNATIVE
REVIEW.
THERE WAS AN IG INVESTIGATION OF
DoD OB/OD FACILITIES, IN WHICH
I THINK MOST OF THE RESULTS
FOUND THAT THE OB/OD FACILITIES
WERE IN COMPLIANCE WITH PERMITS.
BUT DOESN'T ADDRESS
CONTAMINATION OR EMISSIONS FROM
OB/OD FACILITIES, SO I'M NOT
SURE TO EPA THE VALUE OF THAT
WAS NOT CLEAR.
IN PUERTO RICO THERE'S A
DETONATION CHAMBER BROUGHT IN TO
TREAT WHAT HAS BEEN FOUND BUT
WITHOUT CONGRESSIONAL ACTION
THAT WOULDN'T HAVE TAKEN PLACE.
THE PUBLIC AND LOCAL COMMUNITY
WAS VERY MUCH INVOLVED IN
WORKING WITH THEIR CONGRESSMAN
AND CONGRESSWOMAN TO MOVE THAT
FORWARD.
THE LATEST THING WE HAVE THERE
WAS REQUEST BY GUAM'S SENATOR TO
DENY THE OB/OD PERMIT, THAT IS
CURRENTLY UNDER CONSIDERATION OR
IT'S IN A RENEWAL PHASE FOR AN
AIR FORCE BASE ON THE ISLAND, SO
LOTS OF PUBLIC INTEREST,
NUMEROUS LETTERS TO CONGRESS AND
MOST RECENTLY A LOT OF LETTERS
TO OUR ADMINISTRATOR AND SO
SEVERAL MEETINGS HAVE BEEN HELD
WITH OFFICE OF LAND AND
EMERGENCY MANAGEMENT, AND
THERE'S ONE IN APRIL BETWEEN
COMMUNITY GROUPS AND OUR
ASSISTANTED ASSISTANT
ADMINISTRATOR, STILL HAPPENING.
WHAT DOES EPA THINK?
WE WOULD LIKE TO SEE THE
CONTINUATION OF THE TREND TOWARD
ALTERNATIVE TREATMENT
TECHNOLOGIES AND REDUCTION IN
THE WASTE THAT'S GOING TO BE
TREATED BY OB/OD.
WE RECOGNIZE THE NEED FOR OB/OD
IN CERTAIN CASES AND I HAVE A
SLIDE THAT SPEAKS TO THAT
FURTHER ON.
WHAT CAN WE DO THAT REMAINS
SOMETHING WE'D LIKE TO FOCUS ON,
CERTAINLY FOR ANY OWNER OPERATOR
OF OB/OD UNIT TO REVIEW
AVAILABLE ALTERNATIVE TREATMENT
TECHNOLOGIES, AND IMPLEMENT THEM
IF THEY ARE IDENTIFIED AS
VIABLE.
CERTAINLY WE'D LIKE TO SEE
INCREASED WASTE SCREENING AND
SEPARATION TO REDUCE, THERE ARE
SOME INSTALLATIONS THAT HAVE
IMPROVED THEIR METHODS AND HAVE
REDUCED WASTE.
AND CAN WE LOOK AT MUNITIONS
WITH REDESIGN AND DISMANTLING
AND TREATMENT IN MIND FURTHER
DOWN THE ROAD AND ALSO WASTE
CHARACTERIZATION SEEMS TO BE A
BIT OF AN ISSUE ACROSS ALL
OPERATORS, SOMETIMES IT'S NOT
EVIDENT THAT EVERY POINT OF
GENERATION NEEDS TO BE
CHARACTERIZED FOR EXPOSIVITY SO
IT IS ELIGIBLE FOR TREATMENT BY
OB/OD.
SO WE WILL CERTAINLY WORK WITH
OUR PARTNERS TO CLARIFY SOME OF
THOSE WASTE CHARACTERIZATION
REQUIREMENTS.
AGAIN, SOMETHING ELSE THAT WE
CAN DO IS IN THE FUTURE, YOU
KNOW, WE CAN TAKE A BETTER LOOK
AT THE LOCATIONS FOR SOME OF
THOSE FACILITIES.
CERTAINLY IT MAKES SENSE WHERE
YOU HEAR THE MOST AND LARGEST
VOICE, I'M SORRY, A LOT OF THE
FOLKS THAT ARE IMPACTED ARE
THOSE COMMUNITIES THAT ARE VERY
CLOSE BY.
YOU KNOW, AN INSTALLATION OR
FACILITY THAT'S CONDUCTING
OB/OD.
AND SO CERTAINLY COMMUNITIES,
PROXIMITY TO COMMUNITIES, BUT
ALSO THINKING ABOUT, YOU KNOW,
THE EMISSIONS FROM OB/OD, THEY
GO INTO THE AIR AND FALL OUT.
OR EVEN SOME IN CERTAIN CASES
OPEN DETONATIONS WHICH THESE
DAYS AREN'T REALLY OPEN ANYMORE.
THEY ARE BURIED BUT YOU STILL
HAVE SOME KICKOUT.
WE DON'T WANT KICKOUT GOING
RIGHT OVER INTO THE NEARBY
COMMUNITY.
AND CERTAINLY, YOU KNOW, TO THE
EXTENT WE CAN MINIMIZE RUNOFF TO
SURFACE WATERS, OR DEPOSITION
ONTO THE SOIL SO IT DOESN'T
REACH THE GROUND WATER.
AND THUS AFFECT A COMMUNITY'S
DRINKING WATER SUPPLY.
THAT'S SOMETHING WE CAN DO IS BE
MORE AWARE OF IF ANY NEW UNITS
ARE CITED, TO LOOK AT THESE
THINGS AS IMPORTANT FACTORS.
SOMETHING ELSE THAT WOULD BE
HELPFUL ENSURING PUBLIC
OPERATIONS ARE SAFE INCREASED
SAMPLING AND ASSESSING AND THUS
PROVIDING THE ABILITY TO BETTER
ASSESS CONTAMINATION AND
POTENTIAL EXPOSURE.
AND LAST BUT NOT LEAST I THINK
AS I MENTIONED BEFORE WE'RE ALSO
LOOKING AT CLEANUP AND CLOSURE
AND HOPEFULLY TRYING TO
STREAMLINE THOSE PROCESSES.
AND LAST I WOULD SAY, YOU KNOW,
WHILE OB/ODs ARE LEAST
PREFERRED TREATMENT METHOD
THERE'S SOMETHING TO BE SAID FOR
DEVELOPING LIKE A MINIMUM SET OF
TECHNICAL STANDARDS.
YOU KNOW, THAT WOULD SAY, YOU
KNOW, SOMETHING TO THE EFFECT
OF, YOU KNOW, ALL PERMITS SHOULD
INCLUDE WIND SPEED AND
DIRECTION, SHOULD INCLUDE
SPECIFIED FREQUENCY FOR SOIL AND
GROUND WATER SAMPLING, SO THINGS
OF THAT NATURE.
WHETHER WE'RE AT NOW IS, YOU
KNOW, EPA IS CONSIDERING
REVISIONS TO THE EXISTING
REGULATIONS.
AND THIS IS REALLY, YOU KNOW,
BEING DONE IN CONSIDERATION OF
AVAILABILITY OF VIABLE AND SAFE
ALTERNATIVE TREATMENT
TECHNOLOGIES.
AND SO THE RULE IS LOOKING TO
REQUIRE OWNERS AND OPERATORS OF
OB/OD FACILITIES TO CONDUCT AN
EVALUATION OF AVAILABLE
ALTERNATIVES AND REQUIRE
IMPLEMENTATION OF IDENTIFIED
VIABLE ALTERNATIVES IN PLACE OF
OB/OD.
WHAT WE'VE BEEN DOING AS WE
HAVEN'T BEGUN ACTUALLY WRITING
OUR RULE.
WE'VE BEEN CONDUCTING EARLY
ENGAGEMENT STAKEHOLDER MEETINGS,
MOST HAVE BEEN ALREADY
CONDUCTED, ALTHOUGH THERE IS A
SECOND SESSION FOR THE REGULATED
COMMUNITY THIS THURSDAY.
SO WE HAVE ONE MORE TO GO.
AND AS HERE PRESENTED HERE,
WE'VE TRIED TO CAPTURE EVERYONE
WHO IS -- WHO MIGHT BE IMPACTED
OR HAVE AN INTEREST IN THIS
RULEMAKING.
WE ANTICIPATE PROPOSED
PUBLICATION DATE SOMETIMES LATER
THIS YEAR OR EARLY IN 2023.
I WOULD LIKE TO ACKNOWLEDGE THAT
RULEMAKINGS TAKE SEVERAL YEARS,
SO WHAT WE ARE DOING IN THE
INTERIM IS WE'RE ENCOURAGING
EVALUATION AND USE OF
ALTERNATIVES THROUGH A FORMAL
COMMUNICATION TO EPA REGIONS AND
STATES AND TERRITORIES,
TERRITORIAL PARTNERS.
THIS COMMUNICATION, WE EXPECT TO
COME OUT LATER THIS SPRING.
THIS IS JUST KIND OF A SLIDE
ILLUSTRATING WHAT WE'RE
CONSIDERING IN THE MEMO AND WHAT
IT WILL CONVEY TO OUR REGULATORY
PARTNERS.
IT TALKS ABOUT HOW THE
PROHIBITION ON OB/OD APPLIES
ALSO TO PERMITTED UNITS.
WHO IS RESPONSIBLE FOR
DEMONSTRATING ELIGIBILITY AND
HOW AUTHORITIES CAN REQUIRE
EVALUATION BASED ON EXISTING
REGULATIONS, CERTAINLY HOW TO
FACILITATE TRANSITION FROM OB/OD
TO ALTERNATIVES, AND AS I
MENTIONED BEFORE, YOU KNOW, WE
REALIZE THAT THERE WILL BE A
NEED TO TREAT SOME WASTE
EXPLOSIVES THAT DO NOT HAVE A
SAFE MODE OF TREATMENT AND
AVAILABLE ALTERNATIVE, THAT
COULD BE THERE'S ALWAYS GOING TO
BE CERTAIN MUNITIONS, FOR
EXAMPLE, THAT, YOU KNOW, ARE NOT
STABLE, YOU KNOW, AND SHOULDN'T
BE HANDLED AND THUS, YOU KNOW,
NEED TO BE TREATED, YOU KNOW, IN
THE FIELD WITH BLOWN IN PLACE OR
PERHAPS, YOU KNOW, OTHER
EMERGENCY SITUATIONS.
SO THERE'S A VARIETY OF REASONS
WHY OB/OD COULD STILL BE NEEDED.
SO, AND THE LAST THAT I HAVE
HERE ARE CERTAINLY
CONSIDERATIONS FOR THE OB/OD
FACILITIES AND UNITS THAT STILL
NEED TO BE MAINTAINED.
SO WE'RE LOOKING AT THIS MEMO
COMING OUT, LATER THIS SPRING AS
WELL.
LET'S SEE.
SORRY ABOUT THAT.
SO, JUST IN CONCLUSION, YOU
KNOW, WE RECOGNIZE OB/OD HAS
BEEN CONSIDERED THE SAFEST AND
SIMPLEST AND A VERY PRACTICAL
TREATMENT METHOD.
HOWEVER, YOU KNOW, IT CERTAINLY
DOES PRESENT MORE RISK TO HUMAN
HEALTH AND THE ENVIRONMENT WHEN
YOU COMPARE IT TO A CONTAINED
TECHNOLOGY THAT WOULD TREAT THE
EMISSIONS BEFORE RELEASING THEM.
OVER DECADES, ENCLOSED
TECHNOLOGIES HAVE BEEN DEVELOPED
AND SUCCESSFULLY USED, THUS
PROVIDING SAFER ALTERNATIVES
THAT DIDN'T PREVIOUSLY EXIST.
AND AS I MENTIONED WE, YOU KNOW,
UNDERSTAND THERE'S GOING TO BE A
NEED FOR OB/OD CAPACITY, DESPITE
THE ALTERNATIVES, AND CERTAINLY
ALTERNATIVE TECHNOLOGIES ARE
SOMETHING THAT -- IT'S A VERY
SITE-SPECIFIC CASE-SPECIFIC
EVALUATION, SO TO THE EXTENT
THAT THEY CAN BE IMPLEMENTED WE
CERTAINLY WOULD LIKE TO SEE THAT
HAPPEN.
AND LASTLY, COLLABORATION IS
DEFINITELY THE KEY TO MEETING,
YOU KNOW, RESPECTIVE SAFETY AND
ENVIRONMENTAL CONSIDERATIONS AND
REQUIREMENTS FOR EVERYONE.
WITH THAT, WE HAVE A COUPLE
MINUTES FOR QUESTIONS.
MY CONTACT INFORMATION IS HERE.
YOU KNOW MY PARTNER, KEN
SCHUSTER, WHO KEEPS THREATENING
RETIREMENT.
IF YOU ARE HAVE QUESTIONS THAT
YOU'D LIKE TO PICK HIS BRAIN ON,
ESPECIALLY APPLYING TO MILITARY
MUNITIONS RULE, GET IN TOUCH
WITH HIM SOONER RATHER THAN
LATER.
AND PAUL DISS IS WORKING ON THE
RULEMAKING WITH ME.
SO YOU CAN CONTACT ANY ONE OF US
WITH QUESTIONS AS WELL.
>> SASHA, THERE ARE A COUPLE
QUESTIONS.
THE FIRST IS A TWO-PART
QUESTION.
SORRY, THIS ONE IS COMPLICATED,
I WANT TO WARN YOU.
>> OKAY.
>> IS THE EPA WORKING WITH DoD
CURRENTLY TO HELP FIND ADEQUATE
FUNDING FOR EQUIPMENT CHANGES
RELATED TO A FACILITY CONVERTING
FROM OPEN BURNING TO OPERATING
INCINERATOR REGULATED BY RCRA?
YOU KNOW, A CLEAN BURN UNIT CAN
BE EXTREMELY COSTLY.
IS THERE ANY SORT OF FUNDING
AVAILABLE IF A FACILITY IS
TRYING TO GET AWAY FROM OPEN
BURNING AND DO IT IN AN
INCINERATOR?
THAT'S PART ONE OF TWO.
>> OKAY.
>> WE'RE IN THE PROCESS OF
WORKING WITH DoD TO
UNDERSTAND THE FUNDING PROCESS
AND CYCLE.
WE KIND OF HAVE A BIT OF
BACKGROUND ON THE DIFFERENCE
BETWEEN, YOU KNOW, I CAN SAY,
FOR EXAMPLE, WE JUST TALKED TO
DoD ABOUT A SPECIFIC
INSTALLATION WITH ALTERNATIVE
TECHNOLOGIES CURRENTLY BEING
USED FOR CHEMICAL
DEMILITARIZATION, AND WE'RE
LEARNING HOW THAT POTENTIALLY
THOSE UNITS POTENTIALLY COULD BE
APPLIED FOR CONVENTIONAL USE AT
THAT SITE OR EVEN ANOTHER DoD
INSTALLATION.
SO WE'RE TRYING TO UNDERSTAND
THE PROCESS AND OBSTACLES IN THE
WAY OF COURSE.
HOPEFULLY I --
>> YEAH, I'VE BEEN TO A COUPLE
OF DoD FACILITIES WHERE OPEN
BURNING WAS GOING ON. IT'S
QUITE AMAZING TO SEE.
TO VISUALLY SEE IT.
THE SECOND PART OF THAT SAME
QUESTION IS SORT OF ON THE SAME
LINES, THE QUESTION IS, IS THERE
PARTNERSHIPS SOMEWHERE BETWEEN
EPA AND DoD IN FINDING WAYS TO
MEET THESE REQUIREMENTS?
REMEMBER THE PERSON IS TALKING
ABOUT THEY ARE SORT OF
CONVERTING AWAY FROM OPEN
BURNING TO PUTTING IN AN
INCINERATOR OF SOME SORT.
AND THEY ARE SAYING IS THERE
PARTNERSHIPS CREATED SOMEWHERE
BETWEEN EPA AND DoD TO FINDING
WAYS TO MEET THESE REQUIREMENTS,
I THINK DO YOU UNDERSTAND WHAT
THE PERSON IS ASKING?
>> I THINK SO.
TO THE EXTENT SO I WOULD SAY
THAT WE AND KEN, I SEE HE'S ON
CAMERA.
DIDN'T SEE YOU BEFORE.
>> JUST GOT HERE.
>> BACK IN 2018, WE RECONVENED A
WORKING GROUP WITH DoD ON
OB/OD ISSUES SPECIFICALLY.
AND CERTAINLY IN OUR EPA
ALTERNATIVE TECHNOLOGIES REPORT
WE COLLABORATED WITH DoD, THEY
WERE VERY MUCH A PARTNER IN
HELPING US ESPECIALLY KIND OF
UNDERSTAND THE STATUS OF
ALTERNATIVE TREATMENT
TECHNOLOGIES THAT ARE IDENTIFIED
IN THE REPORT.
I THINK WE -- WE CONTINUE TO
MEET ON A QUARTERLY BASIS, IN
FACT WE HAVE A MEETING WITH THEM
NEXT WEEK TO DISCUSS OUR POLICY
MEMO THAT'S FORTHCOMING AS WELL
AS THE RULEMAKING AND WE ALSO
RECEIVED SOME VERY GOOD
COMPREHENSIVE COMMENTS FROM
DoD BASED ON OUR STAKEHOLDER
MEETING THAT WE HELD OUR FIRST
SESSION THAT WE HELD WITH OUR
REGULATED PARTNERS.
SORRY, ENTITIES.
SO, IN A WAY I WOULD SAY THE
ANSWER TO THAT IS YES THAT WE'RE
WORKING WITH THEM.
ARE THEY PLEASED ABOUT THE
DIRECTION THAT EPA WANTS TO GO?
I MEAN THEY HAVE SOME CONCERNS
PRIMARILY RELATED TO SAFETY.
BUT WE'RE TRYING TO, YOU KNOW,
ACHIEVE A BALANCE BETWEEN
IMPLEMENTING ALTERNATIVES AND AT
SEVERAL INSTALLATIONS DoD HAS
DONE REVIEWS OF ALTERNATIVES AND
THEY HAVE IMPLEMENTED THEM.
THERE'S A GOOD PROJECT GOING ON
AT HOLESTEN AND RADFORD TO
IMPLEMENT ALTERNATIVES.
>> ANOTHER QUESTION JUST CAME IN
ABOUT WHAT ARE YOUR
RECOMMENDATIONS FOR OPEN BURNING
THAT'S CONDUCTED UNDER A
SUPERFUND CLEANUP ACTION,
SOMETIMES THERE'S OPEN BURNING
THAT GOES FOR THAT?
>> THAT'S CORRECT, YES.
THAT IS ONE OF THE AREAS UNDER
CONSIDERATION FOR THE RULEMAKING
AS TO, YOU KNOW, WHO DO WE --
YOU KNOW, AS FAR AS THE COPE OF
APPLICABILITY WOULD WE INCLUDE
SIRCLA CLEANUPS?
AND TO BE HONEST WE DON'T HAVE A
GOOD FEEL FOR, YOU KNOW, WHETHER
OR NOT THAT WOULD BE INCLUDED IN
THE RULEMAKING, IT HASN'T BEEN
DETERMINED AT THIS TIME.
>> THEY ARE COMING IN FAST AND
FURIOUS.
SUPPOSE YOU'RE DOING OPEN
BURNING UNDER LEVEL 1 EMERGENCY
ACTION, ARE THOSE WASTES COUNTED
IN YOUR MONTHLY RCRA GENERATION
COUNT?
I THINK IT SAYS FOR FOLKS USING
OPEN BURNING FOR LEVEL 1
EMERGENCY RESPONSE ACTIONS, ARE
THEY COUNTING THE WASTE DISPOSED
OF IN THEIR MONTHLY RCRA
GENERATION COUNTING?
I GUESS IS THAT COUNTS OF WASTE
DISPOSED AFTER YOU OPENLY BURN
IT?
>> I'M ASSUMING THAT HAS TO
DO -- WHETHER OR NOT THAT
QUESTION PERTAINS TO WHETHER OR
NOT THAT'S PART OF THEIR ANNUAL
PERMITTED LIMITS FOR THE OB/OD
UNITS.
I DON'T BELIEVE THAT THAT IS THE
EMERGENCY ACTIONS FALL WITHIN
THAT AREA, IF I AM CORRECT, THAT
WE'RE TALKING ABOUT THE CAPACITY
LIMITATIONS IN THE RCRA PERMIT,
BECAUSE EMERGENCY ACTIONS
TYPICALLY EITHER ARE DONE UNDER
A SEPARATE EMERGENCY PERMIT
UNDER RCRA OR THEY ARE EXEMPT,
DEPENDING ON -- I'M NOT FAMILIAR
WITH LIKE LEVELS BUT LEVEL 1
SOUNDS LIKE AN IMMINENT AND
SUBSTANTIAL ENDANGERMENT HAZARD
AND NEEDS TO BE TAKEN CARE OF
IMMEDIATELY.
SO, THAT WOULD BE EXEMPT FROM
RCRA ALTOGETHER.
>> A FINAL COMMENT, I HOPE THE
EPA IS GRACIOUS WHEN UP FOR
PERMIT RENEWAL AND THE PUBLIC IS
ARGUING.
>> THAT WILL FALL TO OUR STATE
PARTNERS PRIMARILY.
WE'RE TRYING TO INCORPORATE
EVERYBODY'S PERSPECTIVES.
WE'LL STRIKE TO TAKE EVERYBODY
SERS 'S CONCERNS AND COME UP
WITH SOMETHING EVERYBODY CAN
LIVE WITH.
>> WE COVERED EVERY QUESTION AND
COMMENT.
BACK TO JESS AND SEE IF SHE HAS
A FINAL WRAP-UP.
>> THANK YOU TO THE PRESENTERS.
THANK YOU FOR PRESENTING, AND
THANK YOU FOR EVERYONE WHO
ATTENDED.
THAT'S IT FOR TODAY.
BUT PLEASE JOIN TOMORROW FOR DAY
3 OF THE SYMPOSIUM, TRACK
TOMORROW, SUSTAINABILITY,
CONTINUED ON FROM TODAY, AND
ENVIRONMENTAL JUSTICE, AND
RESILIENCY.
THANK YOU, EVERYONE.
HAVE A GREAT DAY.