Vol. 12, No. 4, December 2004 The RT Review The Latest on Environmental Issues From Your Solution-Oriented Environmental Services Firm • Environmental Engineers & Scientists • Geologists • Remedial Contractors RTENV.COM

RT ENVIRONMENTAL SERVICES BROWNFIELDS SITE RESIDENTIAL UPGRADES IN NUMBER ONE IN PENNSYLVANIA FOR COMPLETION OF BROWNFIELDS PA - ALL THE RAGE! LAND RECYCLING PROJECTS In the last few weeks and months, mine what type of remediation is necessary PRESS RELEASE upgrading of cleanup liability protection at each site, without waiting for extended (CLP) at Brownfields sites, particularly in regulatory decision making. Residential KING OF PRUSSIA (October 4, 2004) - RT Environmental Services, a full-service environ- Pennsylvania, has taken off at Brownfield developers and redevelopers have always mental consulting firm in King of Prussia, PA, sites. Pennsylvania’s Award Winning Act 2 preferred sites that can be built out quickly announced today that it has received more final Land Recycling Program, unlike most because extended construction regulatory site approvals than any other consulting firm in state’s Brownfield programs, has a regula- review periods cause increases in housing 2003-2004 from the Pennsylvania Department of tion which describes what a redeveloper prices due to the construction phase carry- Environmental Protection (DEP) under the state's needs to do to change from future non-resi- ing cost of the project. Most municipali- Land Recycling (brownfields remediation) dential use to residential use. Given the ties, on the other hand, are very cooperative Program. expanded economic and regulatory hurdles when it comes to Brownfields site redevel- The DEP recently released its "Final Report - Consultant List" in order to "...give credit to pro- associated with conventional “sprawl” opment, because getting rid of a blighted fessionals that successfully complete the Act 2 development, it is now clear that the hun- site and creating a new neighborhood with- process." Act 2 of 1995 is Pennsylvania's Land dreds of Brownfields sites throughout the out any sprawl very simply, improves the Recycling and Environmental Remediation region, which are ready for redevelopment community. Standards Act, better known as the Act 2. may now be put to a higher and better use. For a number of years, some of the hard- RT, founded in 1988 by Gary R. Brown, P.E., Economic incentives put in place under est sites to redevelop were those tops the final report list with 32 final report approvals in 2003-2004, more than twice the the Rendell Administration, and imple- Brownfield sites which were too small to number of any other consultant during that report- mented through the Pennsylvania attract major developers and redevelopers, ing period. "We are extremely proud of that Department of Environmental Protection but with the “residential upgrade” being record of achievement and leadership," said by Secretary Katie McGinty have provided readily available and usable at many Brown, who is RT Environmental's president. economic incentives, and, built upon the Brownfields sites, small to medium infill We are also grateful to the many clients who original fundamentals of the Act 2 of 1995 residential development has made these have given RT the opportunity to return brown- Land Recycling Program. Many residential sites quiet attractive. fields sites to productive reuse and help put Pennsylvanians back to work." development firms are now actively seek- We at RT are proud to be a part of this ing out Brownfield sites, many of which are RT has completed projects in five of DEP's six important new trend, which is clearly accel- regions since the inception of the state's brown- in Pennsylvania riverfront locations with erating the redevelopment of Brownfield fields program, and completed projects in three existing infrastructure, which is unques- sites. At our next spring environmental regions during the 2003-2004 reporting period. tionably “smart” growth. update seminar, held jointly with the New uses of former brownfields that RT has suc- RT is already investigating or evaluating Montgomery County Industrial cessfully restored to productive functions include offices, warehouses, a brewing facility, residential Brownfield sites for CLP residential Development Corporation, Tri-State areas, parks, light industrial enterprises and a upgrade, in Chester, Lansdale, Lower Commercial Realtors Alliance, and Manko variety of small businesses. Merion, and Royersford. For more sites, all Gold Katcher and Fox, we will be focusing RT provides reuse plans, PCB remediation, risk in Pennsylvania, are considering the option. on how the “residential upgrade” works, assessment, capping and paving, bioremediation According to Gary Brown, President of RT and is being applied at sites throughout the and natural attenuation as part of its brown- Environmental Services, Pennsylvania’s region. Should you need any information fields/land recycling services. Act 2 Land Recycling Program is very on the Brownfields CLP “residential "Our record of successful project completions “user friendly” because it allows the use of upgrade”, call either Christopher is testimony to the collective expertise and com- “pathway elimination” using engineering Orzechowski, P.G., or Gary R. Brown, P.E. mitment of our RT team members," Brown said, noting that 11 RT team members have project controls including vapor barriers and caps, at 610-265-1510. completions to their credit. Chris Orzechowski, and institutional controls such as deed P.G. alone has managed more than a dozen brown- acknowledgments, which help facilitate fields projects, Brown added. well understood and effective solutions to TABLE OF CONTENTS In addition to its land recycling services, RT facilitate redevelopment when contami- Staff and Project News ...... 3 Environmental performs environmental surveys, nants are present at sites. Unlike most other PA Updates ...... 4 indoor air quality services, a variety of environ- states, Pennsylvania DEP has very clear cri- Technology Updates ...... 5-8 mental remediation services, landfill services, air teria and flexible statewide health standards emissions, processing facilities and concept Federal Regulatory Updates ...... 9-13 through start-up services. that help environmental consultants deter- NJ Updates ...... 14

Page 1 Vol. 12, No. 4, December 2004 PROPERTY MANAGERS ARE MORE SMARTLY MANAGING Directory BUILDING ENVIRONMENTAL ISSUES Corporate Headquarters By: Gary Brown and Paul Ledebur 215 West Church Road King of Prussia, PA 19406 In the last two years, property managers, as allows them the capability to distinguish minor Phone: (610) 265-1510 well as building engineers and maintenance surface mold growth from mold that is caused by FAX: (610) 265-0687 managers have gotten much smarter at managing more extensive subsurface moisture penetration. mold, asbestos and lead paint issues. Most lead- These leakage/moisture intrusion problems often E-mail: [email protected] World Wide Web: HTTP://RTENV.COM ing property management companies now have require professional assistance and/or building standard protocols which include: envelope repairs. 24 HOUR URGENT LINE SERVICE ¥ Mold awareness training for property man- No one can afford to, nor should they call, out- 800-725-0593 agers, building engineers and maintenance side consultants for every single building envi- Gary Brown, P.E., President supervisors. ronmental problem which arises. However, Phone: (610) 768-0232 ¥ Standard forms for recording indoor quality smart property managers have made sure that E-mail: [email protected] (IAQ) complaints. their key staff can distinguish minor issues from ¥ Baseline IAQ monitoring programs. Paul Ledebur those which require expert assistance. These Phone: (610) 265-1510 Ext. 11 In addition, many leases now include infor- property managers now make awareness training Building Services Group Manager mation for tenants (both residential and commer- sessions a key part of their routine training pro- gram for their engineering and maintenance E-mail: [email protected] cial) on how to maintain conditions to inhibit staff. Walter Hungarter mold growth, and the importance of reporting, if We at RT are proud to have already trained Phone: (610) 265-5599 mold occurs. In older buildings, most mainte- nance personnel now have asbestos containing 500 property management, building engineering, Engineering Group Manager material (ACM) awareness training, and a writ- and maintenance staff in mold awareness. Most E-mail: [email protected] ten ACM Operation and Maintenance Plan, as seminar participants are members of leading Chris Orzechowski, P.G. required by OSHA regulation, which is available trade organizations including AAGP, BOMA, Phone: (610) 265-5572 and in effect. and Tri-State Commercial Realtors Alliance. Hydrogeology Group Manager Based on past experience, the winter months are E-mail: [email protected] In older residential multi family units, most facilities also have a written plan for the the best time for training, as there are fewer “out- Craig Herr Operation and Maintenance of lead based paint side” duties for key staff. Accordingly, we will Phone: (610) 265-1510 Ext. 31 surfaces on the premises. be announcing RT’s annual mold, ACM and Remedial Group Manager LBP awareness training seminar program, so E-mail: [email protected] Property managers have learned that manag- watch for our training schedule announcement, ing environmental issues in buildings is neither New Jersey which will be sent out to AAGP, BOMA, and overly costly nor time consuming. This is true Tri-State members. Tom Brady when property management, building engineer- For further information, you can also visit our E-mail: [email protected] ing, and maintenance personnel are trained, and webpage at www.rtenv.com for a more detailed Vice President know how distinguish minor issues from those training syllabus for each training session - Suite 306, Pureland Complex which are more problematic, or which could ACM, LBP, and Mold. You can also contact 510 Heron Drive, P.O. Box 521 become a cause of complaints or potential litiga- Paul Ledebur, Manager or RT’s Building Bridgeport, NJ 08014 tion among in multi-tenant situations. Phone: (856) 467-2276 Services Group at 610-265-1510, extension 11 For mold, many maintenance managers now FAX: (856) 467-3476 should you have any questions or require addi- have purchased their own moisture meters. This tional information. Regional Partners California MARYLAND RULES AIM TO KEEP MTBE OUT OF WELL WATER Bob Smyth Phone: (856) 234-1730 The Maryland Department of the Environment low levels and at higher levels may have adverse FAX: (856) 234-4387 (MDE), has drafted new rules to prevent MTBE health effects, although it has not been classed as and other petroleum products from reaching carcinogenic. “There is no evidence that MTBE Massachusetts groundwater supplies in certain parts of the state. causes cancer in humans,” the Center for Disease Andy Irwin The rules require installation of double-walled Control states. Phone: (508) 653-8007 pipes on all regulated motor fuel underground FAX: (508) 653-8194 Maryland’s emergency regulations will require storage systems and require built-in sensors to increased groundwater sampling, mandate regu- Michigan warn of leaks. lar testing of tanks and fittings, and define steps Michael Carlson “For Maryland families that rely on wells,” that gas station owners and others must take Phone: (248) 585-3800 said Governor Robert Ehrlich. “These new mea- when underground storage systems are suspected FAX: (248) 585-8404 sures will provide additional assurance that their of contaminating groundwater. North Carolina water supplies are clean and safe from MTBE The regulations will apply in areas where Phil Rahn and other petroleum products. These are tough, wells are the primary source of household drink- but necessary regulations to strengthen our envi- Phone: (336) 852-5003 ing water and local geology makes it impractical ronmental laws.” Ohio for homeowners to find a new water source. The Ron Clark The MDE says the chemical, an oxygenate MDE will identify the areas and notify affected Phone: (330) 375-1390 Ext. 207 added to make gas burn more cleanly, improves tank farm operators. The regulatory review com- Maryland’s air quality and keeps gas prices mittee of the General Assembly must review and Virginia affordable. approve the proposed emergency regulations Edward Berg before they can become effective. They could Phone: (757) 599-6985 But the chemical is water soluable and gives drinking water an unpleasant taste and smell at take effect as soon as October. FAX: (757) 599-3501 (Environment News Service - 8/27/04) Page 2 The RT Review

RT STAFF AND PROJECT NEWS As of late October, RT’s financial projections were that this seminars, held in Valley Forge, Harrisburg, and Pittsburgh, in would be the second year in a row for record sales and rev- October. Many of the seminar attendees requested an extend- enue for RT Environmental Services. As always, we appreci- ed schedule for next year’s program. ate the continued opportunities our clients provide us. We are Paul Ledebur is working on indoor air quality work for a seeing greatly increased demand for Brownfields work, in large regional property management firm. Initial work New Jersey and Pennsylvania, our prime service areas. includes several projects to address known mold concerns We are expanding both of our key offices, as well as adding will also prepare portfolio wide procedures for managing air staff, to meet our clients needs. quality issues, and conduct training for key maintenance, Roy G. Bowman joins RT’s New Jersey Office and adds to property management, and engineering staff as well. our training capabilities in asbestos containing materials, lead, Gary Brown prepared an article on the new EPA “All hazardous materials, confined space entry, PCBs, and indoor Appropriate Inquiry” proposed regulations, which appeared air quality. Mr. Bowman has experience in the private sector, in the Pennsylvania/New Jersey Real Estate Journal. having directed all environmental health and safety activities for a major communications company. Advance work is also beginning by Kathleen O’Connor, Scott Hazelton joins RT’s King of Prussia Office as RT’s Marketing Specialist, for our spring Environmental Environmental Scientist. Mr. Hazelton is already completing Update Seminar held with the Montgomery County Industrial soil and groundwater investigation work at a number of Act 2 Development Corporation, and Tri-State Commercial sites. Realtors Alliance. Topics will include the EPA “All Irene Valentine joins RT’s New Jersey Office as Appropriate Inquiry” regulations, and, strong recent attention Receptionist. Due to increased responsibilities for Jennifer to residential upgrade Brownfields options under the Act 2 Kilborn, RT has expanded its administrative staff so that our Program. key functions in New Jersey are properly supported. As always, we appreciate the opportunity our clients give Gary Brown served as moderator for the Pennsylvania us to be of service, and appreciate your strong support over Chamber of Business Industry in-depth environmental the last year.

RT’S CURRENT PROJECTS •Attleboro, MA Brownfields Site Redevelopment •Stratford, CT Redevelopment Feasibility Study • Haddonfield, NJ Petroleum Release Expert Report • Phillipsburg, NJ Brownfields Site Redevelopment • Southern NJ Landfill Site Redevelopment • Clearfield, PA Fill Management • Chester, PA ACM Survey - Predemolition Abatement •Newark, NJ Demolition Materials Management • Philadelphia, PA Phase 1 ESA - Former Smelter • Odenton, MD Phase 1 & 2 ESA - Laminates Site • Spring City, PA Phase 1 ESA - Former Foundry • Camden, NJ Tank Testing •W. Springfield, MA PCE Remediation • King of Prussia, PA Superfund Remediation

Page 3 Vol. 12, No. 4, December 2004 PA UPDATES DEP REVISES NOTICE OF INTENT/ and standards for accreditation- including PA UPDATES APPLICATION FORM FOR personnel requirements, essential quality ¥ Small Business Matching Grant - Pg. 4 NPDES CONSTRUCTION control procedures, proficiency test studies, ¥ Lab Accreditation - Pg. 4 STORMWATER PERMIT on-site assessments, record keeping, report- ¥ Clean Electricity - Pg. 4 The Department of Environmental ing, and notification requirements. A 30- Protection has revised the Notice of day comment period will open upon publi- with milestones and indicators to measure Intent/Application for coverage under a cation of the proposed rulemaking in the progress towards achieving the plan’s General or Individual NPDES Permit for Pennsylvania Bulletin. That publication desired results. Stormwater Discharges Associated With was anticipated in October. RT congratulates Carol Collier, DRBC Construction Activities (NOI/Application). (PA Chamber of Business & Industry) Executive Director, on achieving this impor- The revisions are primarily in response to tant goal. the environmental issues posed by problem- (Environment News Service 9/16/04) atic geology, soils, waste or fill materials FOUR STATES SIGN 30 YEAR that may be present during construction DELAWARE RIVER BASIN PLAN activities, similar to those encountered dur- Elected and environmental leaders from PENNSYLVANIA DOUBLES CLEAN ing the construction of Interstate 99. In Delaware, New Jersey, New York, ELECTRICITY BUY TO 10 PERCENT Pennsylvania has doubted its purchase of addition, other revisions were necessary to Pennsylvania, and the federal government, electricity from cleaner sources to 10 per- reflect new Department guidance and poli- along with other watershed stakeholders, are cent, Environmental Protection Secretary cies and to facilitate the Department’s data celebrating the completion of the 30 year Kathleen McGinty said in mid-October. collection and monitoring needs. This Water Resources Plan for the Delaware She announces the 10 percent purchase at revised NOI/Application, document number River Basin. PennFuture’s fifth annual GreenPower: 3930-PM-WM0035 Rev. 8/2004, replaces The signing ceremony in September at Turn It On! awards ceremony. all previous versions of the Dravo Plaza on Wilmington’s Christina NOI/Application and can be obtained from Riverfront launched a three day conference The Department of Environmental DEP Regional Offices, County in Wilmington on implementation of the Protection received the PennFuture award Conservation District Offices and on the plan. The basin plan emphasizes integration for a 100 percent green energy purchase that DEP website. and collaboration and is not prescriptive or cut energy costs by about 35 percent at the (DEP Update - 8/20/04) regulatory. new Southeast Regional Office, which The 13,539 square mile Delaware River opened earlier this year. Basin drains portions of the four states. Under four year contracts with SMALL BUSINESSES CAN APPLY FOR Nearly 15 million people-some five percent Community Energy Inc. And Strategic MATCHING GRANT PROGRAM of the nation’s population- rely on the Energy LLC, the state will purchase A new grant program available through waters of the basin for drinking and indus- 100,000 megawatt hours a year, or 10 per- the Pennsylvania Department of trial use. cent of the state government’s electricity Environmental Protection offers small busi- The goal-based plan to guide policy and needs, from sources such as wind, waste nesses financial assistance to help purchase action includes five desired results: coal and hydroelectric energy, at a rate of environmentally-friendly equipment. The An adequate and reliable supply of suit- 0.34 cents per kilowatt hour. Small Business Advantage Grant Program able quality water to sustain human and eco- Thirty-five percent of this purchase will provides 50 percent matching grants up to a logical needs through 2030 come from new wind sources and 10 percent maximum of $7,500 to purchase energy- Managing the system of waterway corri- from burning waste coal in circulating flu- efficient or pollution prevention equipment. dors to reduce flood losses, improve recre- idized bed facilities, which produces lower The grants are designed to help small busi- ational experiences, and protect, conserve, air emissions than conventional coal plants. nesses cut costs and protect the environ- and restore riparian and aquatic ecosystems The reminder will come from low impact ment. For more information, visit Integrating water resource management run-of-river hydroelectric power from www.dep.state.pa.us, and use the keyword considerations into land use planning and Susquehanna River, McGinty said. “small business.” growth management while recognizing the (The Friday File - 8/20/04) social and economic needs of communities The new purchase more the triples the Strengthening partnerships for the man- amount of wind certificates purchased in the agement of water resources among all levels state. PROPOSED LAB ACCREDITATION of government, the private sector and indi- McGinty said the coal power purchase MOVES IN PA viduals sharing an interest in sustainable helps to clean up a major source of water The Environmental Laboratory water resources management pollution and reclaims otherwise useless Accreditation proposed rule making was Providing opportunities to enhance land through the purchase of waste coal cer- approved by the Environmental Quality appreciation and commitment to the protec- tificates. Board at the August 17 meeting. This regu- tion, improvement, and restoration of the The action embraces one of the main lation proposes an environmental laboratory basin’s water resources environmental themes of the administration accreditation program for laboratories that The plan opens with a set of 12 guiding of Governor Ed Rendell, a Democrat- view- test or analyze samples and implements the principles against which all policy decisions ing environmentally harmful material as a Environmental Laboratories Programs Act. and actions affecting water resource man- potential resource that can be re-used rather The regulation established the scope of agement should be measured. than remain as a liability, McGinty said. accreditation, application procedures, fees, It suggests a set of goals and objectives (Environment News Service - 10/19/2004)

Page 4 The RT Review TECHNOLOGY UPDATES GREEN WEAPON SLAYS TERMITES RIVERBANK SOILS FILTER TECHNOLOGY UPDATES A U.S. Forest Service researcher looking CONTAMINANTS FROM ¥ Riverbank Soils Filtration - Pg. 5 for ways to prevent fungi from causing wood DRINKING WATER ¥ Oil Industry & Vapor Intrusion - Pg. 6 to decay may have discovered an important Contaminants may foul drinking water ¥ Glaciers Melting Faster - Pg. 6 new tool in the battle against termites. drawn directly from a river, but John Hopkins ¥ Arsenic Treatment - Pg. 7 Microbiologist Frederick Green III discov- researchers have found that the soil alongside ¥ Solid Waste From Renovation - Pg. 7 ered that a commercially available naphtha a river can remove microbes and organic based compound called N-hydroxynaphthyal- material as water flows through it. The clean- objects, but no one could explain their origin. imide (NHA) worked well to prevent decay er water is then pumped to the surface Now researchers at the University of causing fungi from damaging wood and was through wells drilled a short distance from the Georgia, studying a kaolin mine in Warren effective at killing common Eastern subter- river. County, have found a layer of tiny grains, ranean termites. This technique, called riverbank filtration, which indicate that the grains and the Georgiaites were products of a recently dis- Green reported his findings to two termite has been used in Europe for more than 50 years to improve the taste and smell of drink- covered impact that left a huge crater beneath experts, entomologists M. Guadalupe Rojas the waters of the Chesapeake Bay. and Juan Morales-Ramos, at the USDA’s ing water and to remove industrial solvents. Now, John Hopkins researchers have found Some 1,700 of these objects have been Agricultural Research Station in New found in Georgia to date, and potassium- Orleans. that passing river water through nearby sedi- ment can produce other health benefits and argon geochronology has dated them to Termites cause an estimated $2 billion in may cut water treatment costs. around 35 million years of age. damage annually in the United States and are The researchers have been studying water The impact in the Chesapeake Bay caused a major problem in the warm and humid drawn from commercial wells located beside a huge amount of material, both from the Southeast, where Formosan subterranean ter- the Wabash, Ohio and Missouri rivers near Earth and the asteroid to become airborne, mites (FSTs) have proven to be especially Terre Haute, Indiana; Louisville, Kentucky; researchers believe, and the 25 feet deep layer destructive and difficult to eradicate. This and Kansas City, Missouri. of tektites in the kaolin mine was probably type pf termite is an invasive species that Josh Weiss, a doctoral student in the uni- laid down by the event. arrived in the U.S. about 50 years ago and are versity’s Department of Geography and The research was published in the August responsible for an estimated $1 billion in Environmental Engineering, presented the issue of the journal “Geology.” damage annually to buildings and living team’s research results in August in (Environment News Service - 8/24/04) trees. FSTs are large and reproduce prolifi- Philadelphia at the national meeting of the cally, establishing colonies that number 10 American Chemical Society. GLOBAL WARMING FORECAST TO HIT million or more termitesÐ compared to only CALIFORNIA HARD Riverbank filtration appears to decrease 300,000 individuals in a typical colony of Global warming will bring California a the level of bacteria and viruses, he said. native Eastern subterranean termites. dramatic increase in extreme heat and heat- Water analyses also showed encouraging, related mortality and significant reductions in Termites sometimes travel as far as 100 though not definitive, signs that this tech- Sierra snowpack, with cascading impacts in yards from their nests in search of food and nique can curtail Giardia and water supply, according to a new study by 19 can eat through plastic pipe and thin metal. Cryptosporidium, two waterborne microor- scientists. ganisms that cause serious digestive ailments. Rojas and Morales-Ramos developed a The study finds the severity of climate cellulose attractant to combine with the NHA. Weiss said, “It sounds counter-intuitive to change impacts on California will depend on It proved so appealing to the termites that drill wells nearby when water can be taken the amount of future greenhouse gas emis- even the Formosan subterranean termites directly from a river. But out research indi- sions from fossil fuel combustion and other would carry the bait containing NHA back to cates that riverbank filtration can naturally human activities. their nests. In field tests in Louisiana and remove pathogens and organic material that “These new predictions illustrate more Mississippi, entire colonies of Formosan sub- can cause health problems, including some than ever the urgent need to control green- terranean termites were eliminated in a matter microbes that are able to survive convention- house gas emissions now,” said study co- of months, depending on the size of the al disinfection systems.” author W. Michael Hanemann, professor of colony. (Environment News Service - 8/26/04) agricultural and resource economics and director of the California Climate Change Because the NHA termite bait is effective 35 MILLION YEAR OLD METEOR Center at the University of California at at low doses and, unlike most termidicides, STRIKE DECODED Berkeley. “Because of lags in the natural sys- contains no heavy metals, it is considered A meteorite that hit Chesapeake Bay some tem, what we do today will affect climate 30 environmentally friendly and cost effective. 35 million years ago caused an explosion big- years form now.” Earlier this year, the U.S. Patent Office ger than the eruption of Mt. St. Helens, and The findings were published in August in issued a patent for the compound, with Rojas, sent matter flying as far as Georgia, the journal “Proceeding of the National Morales-Ramos and Green are all listed as the researchers at the University of Georgia Academy of Sciences.” inventors, and the U.S. Department of believe. The researchers chose to focus on Agriculture has awarded an exclusive license People in Georgia’s Dodge and Bleckly California because of its diverse climate and for developing, manufacturing and marketing counties have picked up small pieces of nat- limited water supply. products based on the technology. ural glass called Georgiaites for years- myste- One scenario assumes a business as usual (Environment News Service - 8/4/04) rious small, translucent green or brown approach to the use of fossil fuels, while the

Page 5 Vol. 12, No. 4, December 2004 TECHNOLOGY UPDATES (Continued) other factors in lower emissions when switch- greatly increase their risk of developing lung “The Larsen area can be looked at as a ing to alternative energy and more fuel effi- cancer. miniature experiment, showing how warming cient technology. The study focuses on individuals in Xuan can dramatically change the ice sheets, and Under the study’s lower emissions sce- Wei County, China, where lung cancer mor- how fast it can happen,” he said. “At every nario, summer temperatures in California will tality rates in this are among the highest in step in the process, things have occurred rise four to five degrees Fahrenheit by the end China in both nonsmoking women and men more rapidly then we expected. of the century, with the length of the heat who smoke. The study also included elevation measure- wave season extending from an average of These high cancer mortality rates are asso- ments from NASA’s Ice Cloud and Land 115 days in a year to 149 to 162 days. ciated with exposure to indoor emissions Elevation Satellite, or ICEsat. Those figures are several degrees higher from the burning of smoky coal, said Dr. That study used radar images and airborne than previous models has predicted, particu- Phouthone Keohavong study author, an envi- measurements to profile ice thickness in the larly in the summer months. The rise on tem- ronmental and occupational health professor same region of the Antarctic and showed fur- perature corresponds to a projected increase at the University of Pittsburgh Graduate ther glacier acceleration in late 2003 and in heat-related mortality in Los Angeles, School of Public Health. early 2004, with some glaciers reaching eight according to the study. “In order to account for the high rates of times their original speeds. The region now averages 165 heat-related disease within this region, we tested for muta- Glaciers showed an almost immediate deaths per year, but that would increase two tions generally associated with lung cancer in response after the ice shelf collapse, with to three fold if emissions are controlled, or a people who had no evidence of disease,” some nearly tripling in speed within a matter stunning five to seven fold if emissions are Keohavong said. “We found that a good of months, according to the CU-Boulder left unchecked. number of these individuals had mutations study. The researchers also find that hotter weath- that indicated they were at higher risk for (Environment News Service- 9/23/04) er triggers reductions in the Sierra Nevada developing lung cancer in the future.” Mountains snowpack, which feeds into The study analyzed 92 individuals who had NEW YORK ADOPTS 25% RENEWABLE California’s streams and reservoirs. no evidence of lung cancer and screened them ENERGY STANDARD for two mutations thought to be primarily The New York State Public Service By mid-century, the snowpack decline caused by chemicals known as polycyclic Commission adopted a requirement that 25 translates into a loss of 2.6 to 4 million acre- aromatic hydrocarbons, which are emitted percent of the state’s electricity come from feet of water storage. By the end of the cen- during the burning of smoky coal. renewable resources by 2013. The renewable tury, the snowpack could decline as much as The study found that 15 individuals, or energy requirement is known as a renewable 30 to 90 percent, depending upon whether 16.3 percent, tested positive for genetic muta- portfolio standard or RPS. emissions are controlled, the study finds. tions. “The development and use if more renew- (Environment News Service - 8/18/04) (Environment News Service- 10/1/04) able energy resources has been a long-stand- ing policy objective of New York State, and NEW FEDERAL PUBLICATIONS Governor Pataki strengthened that commit- Clarifying Cleanup Goals and ANTARCTIC GLACIERS MELTING FASTER ment when he proposed the 25 percent goal in Identification of New Assessment Tools for THIS YEAR Antarctic glaciers are melting and moving his 2003 State of the State address,” said Evaluating Asbestos at Superfund Sites. more quickly toward the sea in wake of the Commission Chairman William Flynn said. (August 2004, 4 pages). View or download at collapse of a 1,200 square mile ice shelf in “Not only will it help us meet our growing http://www.epa.gov/superfund/programs/risk March 2002, scientists said in September. demand for electricity,” said Flynn, “but it /pdf/memo722b.pdf The recent events are predicted conse- also will provide additional benefits by Risk Assessment Guidance for Superfund quence of climate change and underscore the increasing fuel diversity for our state’s gener- (RAGS), Volume I: Human Health potential for sea level rise as a result of cli- ation portfolio, reducing our exposure to fos- Evaluation Manual (Part E, Supplemental mate warming over Earth’s polar caps. sil fuel price spikes and supply, interruptions, Guidance for Dermal Risk Assessment). The new study, led by the University of increasing economic development activity (July 2004, 181 pages). Colorado at Boulder (CU-Boulder) and a from a growing renewable industry, and View or download (by section) at related study by NASA’s Jet Propulsion improving our environmental.” http://www.epa.gov/superfund/programs/risk Laboratory, was published online To meet the 25 percent target, New York /ragse/index.htm Wednesday- it was published in the state will need to add approximately 3,700 Principles and Practices of Enhanced September 28 issue of “Geophysical megawatts of renewable resource generation Anaerobic Bioremediation of Chlorinated Research Letters.” capacity. Solvents. (August 2004, 457 pages). View or University of Colorado at Boulder (Environment News Service- 9/24/04) download at : researcher Ted Scambos said Landsat 7 satel- http://www.afcee.brooks.af.mil/products/tech lite images taken before, during and after the OIL INDUSTRY SEEKS TO DOWNPLAY trans/Bioremediation/default.asp breakup of the Larsen B ice shelf in March RISKS OF VAPOR INTRUSION IN EPA 2002 show that several of the glaciers are GUIDE GENETIC MUTATIONS LINKED TO now moving at up to five times their previous The oil industry is developing recommen- INDOOR COAL EMISSIONS speed. dations on assessing petroleum-associated air A new study finds individuals in China Other satellite data show that the glaciers toxic risks in an effort to downplay EPA risk who burn coal in their homes for cooking and also have thinned since the disintegration of estimates in forthcoming agency guidance on heating may carry genetic mutations that the Larsen B, he said. how to limit indoor air contamination caused Page 6 The RT Review TECHNOLOGY UPDATES (Continued) by leaking underground storage tanks predicts a tenfold decrease in a chemical’s eries, coastal ecology and oceanography. (USTs). concentration from the subsurface to when it The instruments is scheduled to go into The American Petroleum Institute (API) is enters a dwelling. Some studies show that space onboard the next generation of finalizing its document and will present it to concentrations are as much as 1,000 times Geostationary Operational Environmental EPA as the agency develops an appendix to less, the source says. But in recent meetings, Satellites (GOES-R). controversial guidance on addressing so- the agency has only provided “lip service” to Scientists from NOAA, NASA and the called vapor intrusion, which refers to indoor the need for a change in attenuation levels, U.S. Navy are working towards the launch as air contamination resulting from soil contam- not providing any firm commitment to part of the Coastal Ocean Applications and ination that seeps into buildings. The appen- change its approach. The most industry offi- Science Team, COAST, which is a new effort dix will address USTs, which the original cials expect from EPA is for the agency to to ensure that GOES-R data meet stringent draft guidance did not discuss, according to boost its level to 100-fold decrease in con- research and application criteria to better agency sources. centration, the source says. monitor and study coastal waters. An API source says the group’s plan has (Superfund Report- 9/13/04) “Having the best possible management of been developed, in part, to influence how the coastal waters will have a positive impact on agency addresses petroleum hydrocarbons as BULLETIN GUIDES SOLID WASTE America’s marine economy and better protect a source of vapor intrusion. The group wants ESTIMATES FOR RENOVATION citizens who live in coastal communities,” EPA to consider how contaminant biodegra- Public Works Technical Bulletin (PWTB) said Gregory Withe, assistant administrator of dation decreases the concentrations of conta- 200-1-24, Quantifying Waste Generated from the NOAA Satellites and Information minants that actually reach a dwelling. API Building Remodeling, is now available on Service. “The imageries data will also pro- had originally criticized the agency’s draft the internet. This bulletin provides recycling vide coastal officials improved information, guidance for failing to take degradation into and disposal guidance to the Department of enabling better decisions.” account in setting screening levels, which the Public Works when estimating the volume of “Because it’s stationary,” said Withe, group claims are too strict. solid waste produced in different types of “GOES can stare at an area of interest for According to various sources, petroleum remodeling projects. long periods, taking advantage of openings in hydrocarbon contamination, which arises The U.S. Environmental Protection the cloud cover to capture developments in most frequently at UST sites, represents a Agency (EPA) reports that remodeling typi- coastal waters from start to finish.” national problem because of the growing cally produce more waste than construction (Environment News Service Ð 10/21/04) number of sites where vapors from the tanks projects with the same floor area. Renovation have contaminated indoor air. For example, usually involves the two steps of removing, INEXPENSIVE SULFATE SALTS several states including New Hampshire, and then installing, building components. CAN REMOVE ARSENIC Vermont, California and Maryland are all Both activities produce waste. Remodeling FROM GROUNDWATER addressing vapor intrusion from USTs. waste comprises 44 percent of the total con- Microscopic organisms determine whether In its draft plan, Collecting and struction/demolition (CD) waste stream. or not arsenic builds to dangerous levels in Interpreting Soil Gas Samples form the Unlike demolition waste, waste from reno- groundwater, say researchers at the Vadose Zone, API is providing a protocol for vation projects is difficult to estimate because University of Illinois at Urbana- Champaign. collecting soil gas samples to assess the risk “renovation” is hard to define and it’s tough Remediation may depend on stimulating cer- of indoor contamination from vapor intru- to make comparisons when projects vary dra- tain microbes to grow. sion. The document, which API is still matically. Remodeling can encompass sim- Arsenic contamination of water is a serious reviewing both internally and externally, lays ple interior cosmetic changes or it may threat to human health. It has been linked to out methods for sampling contaminants in the involve the complete remodeling of several hypertension, cardiovascular disease and a soil and how to interpret those data to deter- buildings. The PWTB presents a process for variety of cancers. mine the risk the contaminants present to estimating waste based on three Army reno- In the Ganges Delta of Bangladesh arsenic indoor air. vation projects presenting typical Army pro- contaminates many wells, but it does not stop The plan focuses on petroleum hydrocar- jects. A detailed calculation of waste pro- there. The United States is affected by bon-affected sites. Petroleum hydrocarbons duced allows project managers to plan work arsenic in many areas. are found in various fuels including gasoline, focused on recycling. “The threat extends to Central Illinois, jet fuel and diesel fuel, and are made up of (Fielding Env. Solutions- Fall, 2004) where there are very high levels of arsenic chemicals such as benzene and toluene. The contamination in a number of wells,” said sites are regulated under various statutes, SCIENTISTS PLAN AHEAD FOR Craig Bethke, a professor of geology at including Superfund, the Resource COASTAL MONITORING FROM SPACE Illinois and corresponding author of a paper Conversation & Recovery Act and brown- Red tides, oil spills, upwelling and other to appear in the November issue of the jour- fields law. phenomena in U.S. coastal waters will be eas- nal “Geology.” An industry source says EPA has been ier to track after a new advanced imaging “We also discovered important links resistant to increasing the attenuation factor. instrument is launched into orbit 1012. between the amount of organic material dis- “EPA would rather err on the side” of being The device called the Hyperspectral solved in the groundwater and the concentra- cautious, the source says, adding that the Environment Suite will include a capability tions of sulfate and arsenic.” agency is “not backing off” current attenua- to image all U.S. coastal waters and is expect- The researchers analyzed water from 21 tion levels for vapor intrusion. ed to provide critical date to resource man- wells at various depths in the Mahomet According to the source, the agency agers and researchers studying climate, fish- aquifer, a regional water supply for Central

Page 7 Vol. 12, No. 4, December 2004 TECHNOLOGY UPDATES (Continued) Illinois. “The Mahomet aquifer was pro- belong to individual homes and farms,” to the continental United States shows that duced by a glacier, which pulverized and Bethke said. “ Lacking effective water treat- America’s birds are in trouble. “Like the homogenized the sediments,” Bethke said. ment and testing, private wells are more at canary in the coal mine warning the miner of “As a result, arsenic sources that leach into risk of arsenic poisoning.” danger ahead, birds are an indicator of envi- the groundwater are pretty uniformly distrib- Groundwater contaminated with arsenic ronmental and human health,” said Audubon uted.” might be identified and remediated. Adding President John Flicker. “Birds signal that we But researchers were surprised when they sulfate to naturally contaminated groundwa- are at risk next.” found that arsenic concentration varied ter might be a simple but effective method to Statistically significant declines were strongly from well to well, Bethke said. sequester the arsenic, Kirk said “the bacteria recorded for bird species in five habitat “Concentrations may reach hundreds of are already present, so all you have to do is typesÐ grasslands, shrublands, forests, wet- micrograms per liter in one well- which is stimulate them.” Sulfate salts, he said are lands, and urban areas. enough to make people very sick- but fall inexpensive, readily soluble and easily Thirty-six percent of shrubland bird below detection limits in a nearby well.” obtained. species, 25 percent of forest bird species, 23 The concentration of arsenic varied (Environment News Service - 10/21/04) percent of bird species in urban areas, and 13 inversely with the concentration of sulfate, percent of wetland birds species are disap- the researchers found. Methane concentra- AMERICAN BIRDS DISAPPEARING pearing. tion also varied with the sulfate content. FROM GRASSLANDS, CITIES Compiled by Audubon Scientist Greg Sulfate reducing bacteria will consume sul- Seventy percent of U.S. grassland birds are Butcher, the “State of the Birds” analysis has fate and reduce it into sulfide. The sulfide in decline, The National Audubon Society prompted Audubon to urge the strengthening then reacts to precipitate arsenic, leaving lit- warns in the first national “The State of the of existing environmental protections and tle in solution. Birds” report, released in late October. The stricter enforcement. “The majority of wells in Central Illinois survey of the status of 654 bird species native (Environment News Service Ð 10/21/04)

NEW ALL APPROPRIATE INQUIRY DUE DILIGENCE OPTION On August 26, 2004, EPA published in the information gathered must be assessed, and information when seeking to identify condi- Federal Register proposed ALL APPRO- “data gaps” (where information is not avail- tions indicative to releases or threatened PRIATE INQUIRY (AAI) regulations. able) must be described. releases, at the subject property. The purpose of the regulations is to set fed- ■ At some facilities, interviews with past Those involved in property transactions eral standards on what due diligence steps and present owners, operators, and occu- should consider adding the “AAI Option” to potential property purchasers must take to pants will need to be conducted in further their Phase I ESA if there are significant limit potential future Superfund liability by detail. environmental liabilities at subject proper- qualifying for “innocent purchaser” protec- In addition, there are specific requirements ties, or, if there are Superfund sites nearby. tion. The Federal Brownfields Law autho- that relevant information must be furnished It is projected that the AAI option will add rized these regulations. to the environmental professional conduct- modesty to the cost of most Phase I ESAs AAI regulations require more environmen- ing the activities by prospective purchas- where sites are small and have limited envi- tal due diligence work than is normally er(s) related to environmental liens, special- ronmental concerns. Larger sites or sites completed for Phase I Environmental Site ized knowledge or experience of the with complicated environmental issues Assessment work. prospective purchaser, and the relationships could have much higher additional costs. The following additional items are needed of the purchase price to the fair market The added requirements for government file for transactions: value if the property was not contaminated. review, including local reviews, could add one or more weeks to the due diligence ■ Collection of information from addition- There are also specific requirements for: ■ process. The AAI regulations could become al parties, including buyers, sellers, and Conducting interviews, final by late 2004 or early 2005. The ASTM those with past knowledge of the property ■ Reviewing historical source information, Phase I ESA process is expected to be and any operations conducted on the prop- ■ revised along the lines of AAI regulations in erty or occupancies with environmental Searching for environmental liens and the future. concerns on the property. ■ Reviewing government records. RT has already completed a large number of ■ Added information on any investigation There are also regulations for qualifying for AAI reviews to augment Phase I ESAs, and and remediation on the subject property. contiguous property owner liability protec- we would be glad to add the AAI option to tion. ■ Information on any engineering or insti- your Phase I ESA. Please let us know when tutional controls on the subject property. The key performance standard is: you order the Phase I ESA work so that we ■ Current and past uses of hazardous sub- ■ Throughout the inquiries, persons to can complete our due diligence for you as stances, pollutants, contaminants, petrole- whom this part is applicable per ¤312.1(b) efficiently as possible, so that the planned um, petroleum products, controlled sub- and environmental professionals conducting transaction can be completed on time. stances and any investigation, releases the inquiry must take into account common- For more information on the AAI option, and/or corrective actions related to these ly known or reasonably ascertainable infor- call Gary Brown or Walter Hungarter at must be described. mation within the local community about (610) 265-1510 or Chris Eyre at (856) 467- ■ The thoroughness and reliability of the the subject property and consider such 2276.

Page 8 The RT Review

FEDERAL REGULATORY UPDATES EPA AGREES TO ANALYZE SOLID According to the rule’s economic analysis, FEDERAL UPDATES WASTE RULE’S ENVIRONMENTAL “The agency notes that there is the potential for hazardous wastes to be released over time from ¥ Solid Waste Rule - Pg. 9 RISKS ¥ Air Conditioner Efficiency Standards - Pg. 9 land-based [waste treatment] units (that may or EPA will study the environmental risks posed ¥ New Arsenic Risk Value - Pg. 10 may not result in a risk to human health or the by its plan to exempt over one million tons of ¥ SSO/CSO Discharges - Pg. 11 hazardous waste from regulation, after the waste environment).” But EPA says, “It is difficult to treatment industry and environmentalists criti- assess the net effects of this proposal on the to amend and implement its SPCC Plan to com- cized the agency’s failure to study those risks probability of releases of toxic constituents to the ply with the requirements as amended in 2002 when developing the proposal, according to an environment,” and sought comment on the issue. (or, in the case of a facility becoming operational Office of Solid Waste (OSW) official. Now, however, EPA will conduct an analysis after August 16, 2002, prepare and implement a Sources say the additional study may slow of those environmental risks because of the ETC Plan in a manner that complies with the 2002 finalization of the rule or even force EPA to re- and Sierra Club comments. While the OSW amended requirements). EPA has also amended issue it, despite recent urgings from White House source says, “I personally don’t think we need to the compliance deadlines in 40 CFR 112.3(c) for Office of Management & Budget (OMB) regula- do that analysis if we stick” to addressing legal mobile facilities. EPA is granting the extension tory chief John Graham to speed its development. issues raised by the federal court rulings, “we to, among other reasons, provide sufficient time OMB was “interested in getting it out sooner will do analysis of that nature.” for the regulated community to undertake the rather than later,” one EPA source says, noting (Superfund Report- 8/16/04) actions necessary to prepare and update their that Graham during a recent meeting with EPA’s Plans in light of a recent partial settlement of lit- waste office on pending regulatory initiatives FEDS TO SET EFFICIENCY STANDARDS igation involving the July 2002 amendments. took special interest in the hazardous waste rule FOR AIR CONDITIONERS, FURNACES The extension is also intended to alleviate the and was concerned its finalization was taking too The Energy Department must consider nation- need for individual extension requests. long. al energy conservation standards for residential This extension follows a previous 18-month EPA has developed a plan for finalizing the furnaces and boilers, commercial air conditioners extension announced on April 17, 2003, and rule after extending the public comment period and heat pumps, and distribution transformers as extends deadlines for an additional 18 months and reviewing the extensive public comments it required by the Energy Policy and Conservation from the dates promulgated at that time. The received on the proposal, the OSW source says. Act of 1975. To comply with the law, Energy new compliance dates are February 17, 2006, to However, the agency may need to issue new Secretary Spencer Abraham announced in amend an existing SPCC Plan, and August 18, notices of data availability (NODAs) or addition- August the upcoming publication of an Advance 2006, to implement the Plan. Affected facilities al proposed rules if EPA relies on new informa- Notice of Proposed Rulemaking regarding ener- that start operations between August 16, 2002 tion or decides to pursue regulatory options that gy efficiency standards for three products: distri- and August 18, 2006, must prepare and imple- were not explicitly discussed in the original pro- bution transformers, commercial air conditioners ment an SPCC Plan by August 18, 2006. posal, the source says. and heat pumps, and residential furnaces and Affected facilities that become operational after At issue is the so-called definition of solid boilers. August 18, 2006 must prepare and implement an waste rule, which seeks to revise what is consid- Each of these products will be the subject of an SPCC Plan before starting operations ered solid waste - and therefore potential haz- upcoming public meeting at which the The final rule was published in the Federal ardous waste - under the Resource Conservation Department of Energy (DOE) will summarize its Register on August 11, 2004. For further infor- & Recovery Act (RCRA). The agency is revising analysis and seek public comment. mation, please see http://www.epa.gov/oilspill. the definition after federal court rulings said EPA For each product the Department of Energy (Environmental Tip of the Week - 8/15/04) illegally regulated waste materials that were later (DOE) has published a Framework Document recycled, rather than disposed. that describes the procedural and analytical APPELLATE COURT EXPANDS EARLIER The rule would amend the definition of solid approaches the Department anticipates using to RULING ON WORLD WAR II LIABILITY waste by exempting from RCRA waste materials evaluate the establishment of energy conserva- A federal appeals court appears to have broad- reused in “a continuous process within the same tion standards. ened an earlier landmark ruling that exempts industry.” EPA also sought comment on, Ultimately, the Department intends to select government contractors from World War II although did not directly propose, a broader the energy conservation standards “that achieve (WWII) Superfund liability if their contracts con- option under which the agency would exempt the maximum improvement in energy efficiency tain indemnification clauses. that is technologically feasible and economically recycling across different industry sectors, an The latest ruling, in Ford Motor Company v. justified.” option industry groups such as the American United States, is likely to provide a boost for The three products subject to the August Chemistry Council support. other companies seeking to recover cleanup costs announcement, currently use a total of 6.9 quads The proposal has been extremely contentious, from the federal government for WWII produc- of energy per year: distribution transformers use with EPA and industry defending it as a way to tion because the U. S. Court of Appeals for the 1.6 quads, commercial air conditioners and heat encourage the recycling, rather than the disposal, Federal Circuit found that language in Ford’s pumps use 0.7 quads, and residential furnaces of wastes, which also saves resources because contract with the government indemnifies it from and boilers use 4.6 quads. virgin materials are not used. Superfund liability, even though the clause was The framework documents and contact infor- But the waste treatment industry and environ- worded differently from one cited by the court mation for submitting comments are online at: mental groups charge that it could lead to bogus earlier this year. http://www.eere.energy.gov/buildings/appli- recycling practices to gain RCRA exemptions, In the April ruling in DuPont v. United States, ance_standards/ known as sham recycling, as well as new the court rejected government arguments that an (Environment News Service - 8/2/04) Superfund and RCRA cleanup sites when recy- indemnification clause did not apply to clers mishandle newly exempted hazardous Superfund liability. Observers say the ruling waste. EPA FINALIZES EXTENSION FOR could force the federal government to pay for In comments on the proposal, the COMPLIANCE WITH THE SPCC RULE cleaning up hundreds of sites nationwide because Environmental Technology Council (ETC), On June 17, 2004, EPA proposed to extend, by many contracts from WWII contain similar which represents the waste treatment industry, 12 months, certain upcoming compliance dates clauses. In separate litigation file in May, Ford and the Sierra Club raised concerns that EPA had for the July 2002 SPCC amendments. EPA has said it planned to cite the DuPont precedent failed to analyze whether its proposal poses envi- now finalized an 18-month extension for the because it had a similar indemnification clause. ronmental risks. dates in 40 CFR 112.3(a) and (b) for the facility (Defense Environment Alert, June 15, p10). Page 9 Vol. 12, No. 4, December 2004

FEDERAL REGULATORY UPDATES (CONTINUED) In the August 11 ruling, the Federal Circuit regions to “be consistent” in their cleanup, settle- promptly and fully. EPA often grants extensions again found that an indemnification clause ment and enforcement approach at these sites. of time to respond to the communicative letter applied to the Superfund liability, rejecting the “Regions should follow practices normally recipient, but due dates for responses should government’s arguments that the clause applied employed at NPL sites, while also taking steps to never be forgotten or ignored. narrowly to existing claims known at the time. ensure equivalency in the absence of an NPL list- Courtesy of - Timothy Bergere, Esq. “In DuPont, this court confirmed the govern- ing,” the memorandum states. Montgomery McCraken Walker and Rhoads ment’s obligation of indemnification for a later- Companies also questioned the earlier memo- arising [Superfund] claim... The corresponding randum’s financial assurance structure. EPA WATER, PESTICIDE OFFICES claim in Ford’s contract refers to property dam- According to the industry source, companies STRUGGLE TO CRAFT NEW ARSENIC age... and covers the [Superfund] claim here at were concerned that they would be required to RISK VALUE issue.” set aside funds equal to the costs of the cleanup, EPA water office officials are raising concerns Attorney’s for the plaintiffs could not be while paying out an equal amount for cleanup over an effort by the agency’s pesticide office to reached for comment. itself. Doing so would amount to a company adopt a less stringent risk assessment value for (Defense Environment Alert - 8/24/04) having to “pay for the site twice,” the source arsenic based on new studies that show it is less says. toxic to animals than competing studies on its But the revised memorandum now makes clear toxicity to humans, EPA and industry sources EPA REVISES GUIDE FOR CLEANING that money must only be set aside during the time say. SITES AS ALTERNATIVE TO it takes to list a site if a party backs out of an Agency sources say Office of Water (OW) NPL PROGRAM alternative site agreement. “Regions should staff are concerned that pesticide officials may EPA has revised in controversial guidance out- ensure that PRPs provide some amount of that adopt the new risk values as part of an effort to lining requirements industry must fulfill when financial assurance through a liquid instru- re-register two chemicals that contain arsenic cleaning up sites that the agency agrees not to ment(s) at least equal to the costs that would be before a 2005 deadline. The OW staff fear that place on the Superfund National Priorities List imposed on EPA to keep cleanup work going these risk values would not sufficiently protect (NPL)- requirements EPA established to boost its through the listing process, in the event the site against arsenic exposure from drinking water annual list completed cleanups- after industry needs to be listed.” supplies and could undermine their efforts to claimed the original document would be too The industry source says the changes make for implement EPA’s strict drinking water standard stringent. a “more viable program” because they will make that is set to take effect in 2006. EPA officials presented the revised guidance, private parties more willing to participate. Pesticide officials say the agency may need to Revised Response Selection and Settlement Before the revised memorandum was issued, conduct separate risk assessments for organic Approach for Superfund Alternative Sites, during companies were concerned that the guidance arsenic- which is contained in the two chemicals- an August 17 meeting the Association of State & would create an “out-of-control program” that and inorganic arsenic- which is generally found Territorial Solid Waste Management Officials’ would fewer safeguards than the NPL. in drinking water- based on their different human 2004 Superfund Mangers Symposium. (Superfund Report - 8/30/04) health impacts. In the guidance, EPA clarifies earlier require- Any future drinking water standard could also ments for participating in the program, which be significant because EPA and state regulators allows companies to avoid listing on the RESPONDING TO EPA SECTION 104(e) use the standard to set cleanup levels at haz- Superfund NPL if they agree to clean their sites SUPERFUND LETTERS ardous waste sites. up to similar levels. EPA Section 104(e) letters cause complaints EPA sources say the assistant administrators of The agency originally issued a guidance in concerning the amount of work involved, or the the water and toxics offices are closely watching June 2002 to ensure the so-called Superfund expense of the effort needed to fully respond to the debate as agency officials anticipate legal alternative sites were cleaned up to stringent lev- very intrusive questions posed by EPA. EPA action by environmentalists if two assessments els so that the agency could include completed seeks to identify not only the hazardous sub- are developed, and by industry if they continue to alternative cleanups in its declining annual total stances a company may have used or generated rely on a single risk level for both organic and tallying construction completions. EPA also many decades in the past, the names and address- inorganic arsenic. claimed the guidance would facilitate more rapid es of former employees and suppliers who might “It’s a question of who’s going to get sued,” an settlements and cleanups by avoiding contentious have better memories, as well as the company’s EPA source says. “If we stay the same, the pes- negotiations over Superfund listing. financial condition, in the event EPA later seeks ticide industry will sue because they feel they But industry sources have long opposed the to direct the company to participate in an RI/FS have the data to support a separate risk evalua- new requirements, arguing that ambiguities in the or RD/RA process. tion [for organic arsenic]. If you divide them, guidance would give regional officials the ability A recent Sixth Circuit decision arising out of a environmentalists will probably sue over water to impose more stringent cleanup levels than the case in Tennessee underscores the significant risk policies” because a single assessment could Superfund program and therefore companies to companies who choose not to respond, or to undermine EPA’s 10 parts-per-billion drinking would be unlikely to participate (Superfund respond late. In United States v. Gurley (No. 03- water standard that takes effect in 2006. Report, August 5, 2002, p3). 5132, September 21, 2004), 2004 WL 2092994, EPA headquarters staff “don’t realize the kind the Sixth Circuit Court of Appeals upheld a lower Agency sources say OW staff argued at an Oct. of liberties the regional staff take with their court’s imposition of a $1,908,000 civil penalty 1 meeting that while the new studies show that authority,” an industry source says. Before these against William Gurley for his failure to respond low levels of arsenic do not create increased can- clarifications were added, companies were “very to a 104(e) letter concerning waste disposal prac- cer risk in rats, the findings do not necessarily paranoid” about how the regions would interpret tices at a disposal site he was alleged to have had indicate that a less protective standard should the document. “There seemed all kinds of horri- some connection with. The fact that Gurley was apply to humans. ble possibilities in it,” the source adds. For exam- deposed and provided information of the kind EPA’s risk assessment for arsenic, as reflected ple, companies were concerned that the agency originally sought by EPA in the 104(e) letter, in the agency’s Integrated Risk Information would try to recover all of a site’s cleanup costs eventually responded to the letter under court System (IRIS), is based on studies conducted in on a single deep-pocket company, rather than order, or filed a petition in bankruptcy, did not Taiwan that show a positive, linear relationship seeking recovery from all potentially responsible save him from the court’s wrath. between the presence of arsenic in the environ- parties (PRPs) based on the amount of their lia- This case illustrates why companies must ment and the presence of cancer in humans. The bility. respond to Section 104(e) letters (or their cousins studies indicate that stricter federal regulation of Now EPA has clarified the guidance, urging issued under RCRA or Section 114 of the CAA), arsenic exposure beyond a certain point will not Page 10 The RT Review

FEDERAL REGULATORY UPDATES (CONTINUED) lower cancer rates. This second study, “Report to Congress on the permits, as well as in cleanup efforts at hazardous The agency is facing a deadline to re-register Impacts and Control of CSOs and SSOs” is orga- waste sites. the chemicals by spring 2005, and is now trying nized into sections addressing both CSOs and Of the other entities to have acted to limit to determine to what degree it should consider SSOs: exposure to the chemical, Delaware currently has the new studies in its re-registration decision. á Characterization a remediation standard for ground water, but The chemicals- a herbicide known as DMA and á Environmental impacts sources say it is not an enforceable condition wood preservative known as CCA- contain á Human health impacts written into future discharge permits. California arsenic, among their ingredients. á Control technologies has an “action plan” for 1,4-Dioxane that can be The discussions over whether two different á Resources spent implemented on a case-by-case basis at haz- risk values are needed, or whether the agency A full copy of the report is available on the ardous waste sites, state and industry sources say, should simply revise its current risk value for Internet at http://www.epa.gov/npdes/csossore- but it is not a standard water quality officials inorganic arsenic, have delayed the workgroup’s port2004 must follow. recommendations on the risk assessment revision (WaterWorld- 10/04) However, Colorado’s efforts are drawing to EPA staff, the industry source says. In July, strong criticism from industry groups, who say EPA sources said the workgroup would make its the commission’s decision was premature, given recommendations in several weeks, but has not COLORADO SETS FIRST-TIME WATER that EPA may update the acceptable exposure yet done so. STANDARD FOR DIOXANE levels for 1,4-Dioxane in the next two years. The It is unclear whether the workgroup will rec- Colorado regulators last week backed first- groups claim a new study shows an acceptable ommend proceeding with two separate risk val- time enforceable water quality standards for risk level of the chemical is 200 (ppb), which is ues, or one risk value based on their analysis of widespread chemical contaminant that the significantly weaker than the standard the state the combined effects of ne studies coupled with Defense Department and industry groups are will begin enforcing next March. the NAS” earlier recommendations, the industry identifying as an emerging concern. The study, which was detailed at a groundwa- source says. The state backed the standard-joining several ter cleanup conference in 2003, was conducted (Superfund Report- 10/11/04) EPA regions and 10 states that have set weaker by industry consultants who found that EPA’s environmental goals- despite arguments from cancer estimates for the chemical “significantly industry groups that officials hold off until after overestimates the potential cancer risk,” accord- EPA REPORTS ON CSO, SS EPA completes a review of the risks posed by ing to a summary of the study issued by the con- DISCHARGES exposure to the chemical, 1,4-Dioxane, for its ference organizers. The summary notes that the The Environmental Protection Agency has Integrated Risk Information System (IRIS) data- study’s authors were convening an industry con- released a report to Congress on the extent if base. sortium on the chemical, with backing from the human health and environmental impacts caused However, EPA urged the state to adopt the Synthetic Organic Chemical Manufacturers by municipal combined sewer overflows (CSOs) standard and revise it if the agency’s IRIS review Association. and sanitary sewer overflows (SSOs), including necessitates changes, according to a letter to the (Defense Environment Alert- 9/21/04) the location of discharges, the volume of pollu- state from EPA Region VIII. tants discharged, the constituents discharged, the An EPA source says the state’s decision to pur- resources spent by municipalities to address sue an enforceable standard is “unusual” because EMISSIONS DOWN IN 2003, EPA these impacts, and the technologies used. few states have adopted strict standards for the REPORTS This is the second of two reports that Congress chemical. Total emissions of the six principal pollutants requested on the impact of CSO and SSOs. The The chemical which is produced in a liquid identified in the Clean Air Act declined in 2003, first report was sent to Congress in December form, used as a solvent for paper, cotton and tex- the U.S. Environmental Protection Agency 2001 as Report to Congress- Implementation and tile processing and for various organic products. (EPA) announced in September. Enforcement of the Combined Sewer Overflow It is also used in automotive coolant liquid, and Administration officials said the finding indi- Control Policy. in shampoos and other cosmetics, according to cates that the nation’s air is the cleanest in three In its new report, EPA estimates that the annu- EPA. decades. al CSO volume is approximately 850 billion gal- The Colorado Water Quality Control The new report finds that since 1970, the lons, down from over 1 trillion gallons prior to Commission Sept. 14 adopted a first-time water aggregate total emissions for the six pollutants the CSO Control Policy. EPA also estimates that quality standard for the chemical, which is used have been cut from 301.5 million tons per year to the number of CSO events has dropped from in industrial solvents that are ubiquitous at haz- 147.8 tons per year, a decrease of 51 percent. approximately 60,000 prior to the CSO Control ardous waste sites and other industrial facilities. The six pollutants are carbon monoxide, nitro- Policy to around 43,000, or a reduction of 28 per- The commission voted to approve a phased-in gen oxides, sulfur dioxide, particulate matter, cent since the issuance of the CSO Control groundwater and surface water standard, requir- volatile organic compounds and lead. Policy. ing facilities to meet a 6.1 parts-per-billion (ppb) The EPA said total 2003 emissions were down The EPA report demonstrates that the nation’s standard by next March and a 3.2 ppb standard 12 million tons since 2000, a 7.8 percent reduc- clean water agencies are working hard to by March 2010. tion. improve public health and the environment, Colorado joins three EPA regions and 10 states (Environment News Service- 9/23/04) according to Ken Kirk, Executive Director of the that have already acted to limit human exposure Association of Metropolitan Sewerage Agencies. to the chemical, although none of the other enti- EPA THREATENS CUTS UNLESS “Clean water facilities have done an outstand- ties has issued an enforceable standard. For REGIONS ADOPT NEW CLEANUP ing job in reducing sewer overflows but federal example, EPA Region IX has set a preliminary METHODS funding is needed to address the $88 billion and remediation goal of 6.1 ppb, while Delaware has EPA is warning its regional offices they may $50.6 billion EPA-estimated cost to fully control set a 6 ppb cleanup standard. Other states which face funding cuts if they do not adopt new strate- SSOs and CSOs, respectively, over the next 20 have taken action include California, Michigan, gies to conserve resources at costly groundwater years ,” Kirk said “It is imperative that EPA also Missouri, Pennsylvania, Texas and Washington. cleanups, according to a new agency document. develop a flexible SSO policy that incorporates However, Colorado appears to be the first enti- In an Aug. 25 action plan, developed in watershed planning principles and allows com- ty to adopt an enforceable water quality standard response to state officials’ concerns that they lack munities to direct resources to those areas that for 1,4-Dioxane in ground and surface water. funding to manage the expensive cleanups, EPA will best improve public health and the environ- The current standard will be enforceable in lays out the steps it will take to improve its ment.” March 2005 in current and future discharge groundwater remedies at Superfund sites, known Page 11 Vol. 12, No. 4, December 2004

FEDERAL REGULATORY UPDATES (CONTINUED) as “optimization.” Optimization involves find- Specifically, the strategy will identify and is still four times higher than requested in 1993 in ing less expensive and more timely means to implement changes to EPA practices, including a petition by Public Citizen. cleanup contaminated groundwater. The agency revisiting model consent decrees, orders, remedy OSHA is proposing to lower its permissible is in the process of issuing numerous fact sheets decision documents, statements of work. Close- exposure limit for hexavalent chromium (CrVI) explaining how to optimize cleanup, including out procedures and five-year reviews to ensure and for all of its compounds in construction, how to develop a more cost-effective design for they allow ICs and evaluating whether they con- shipyards, and general industry from 52 to one pump and treat systems and ways to improve tinue to be implemented. The agency will also microgram of CrVI per cubic meter of air as an contracting at these sites. identify problems with outside groups, including 8-hour time weighted average. In the document, Action Plan for Groundwater other federal agencies, state officials, tribes and In general industry, OSHA makes an exception Remedy Optimization, the agency makes clear potentially responsible parties (PRPs), the docu- for CrVI used as a pesticide, to treat wood, for that the amount of effort a region makes in opti- ment states. example. In construction, the agency makes an mizing these remedies will play a key role in how (Superfund Report- 10/25/04) exception for Portland Cement. much funding it receives from headquarters. The agency would require exposure monitor- “Site-specific progress in optimization imple- EPA MAY DELAY WIPES AND TOWELS ing only in its proposed general industry standard mentation will be a significant factor in address- RULE PENDING FOR RISK REVIEW for hexavalent chromium, but not in its shipyard ing Regional funding requests... Due to funding EPA may be forces to delay its controversial or construction standards. limitations, we are not in a position to continue rule exempting industrial wipes and towels from The proposed rule also includes provisions for funding non-optimized systems at the same lev- hazardous waste requirements unless it can employee protection such as preferred methods els as previous years,” the document states. obtain funding to reevaluate and respond to pub- for controlling exposure, respiratory protection, An agency source say EPA wants to assure lic comments on a risk assessment used to devel- protective work clothing and equipment, hygiene states that the agency is serious about imple- op the rule, according to a top waste office offi- areas and practices, medical surveillance, hazard menting these changes. EPA wants to “smooth cial. communication, and recordkeeping. the transition” to the states, the source says, “The rulemaking can’t go forward without the (Environment News Service - 10/5/04) adding the plan will show that the agency will Office of Solid Waste (OSW) being able to continue to work to optimize these operations. answer comments on the risk assessment,” the GOVERNMENT RAISES NOVEL RCRA There are 85 active fund-lead pump and treat source says. However, “there are not a lot of projects and over 700 sites have used pump-and- ARGUMENT IN SHIP EXPORT DISPUTE resources for that” in EPA’s fiscal year 2005 bud- The Department of Justice (DOJ) is citing an treat since 1982. get, the source says. infrequently used provision of the Resource (Superfund Report- 9/13/04) The source says EPA lacks in-house resources Conservation & Recovery Act (RCRA) to con- to respond to the concerns, which include claims vince a federal judge contaminated government EPA ISSUES LAND USE CONTROL that the agency relied on faulty assumptions vessels are “scrap metal” and therefore free from PLAN TO ADDRESS DELETED about the amount of solvent that would end up in RCRA export restrictions. SUPERFUND SITES landfills from the contaminated industrial shop One environmental attorney familiar with the In anticipation of an independent audit, EPA towels and wipes and the amount of sludge laun- litigation says it may be the first case to address has issued a new strategy for implementing land dries generate. the scope of the RCRA exemption for scrap use controls at Superfund site that will address OSW will try to get funds to reevaluate the risk metal, which frees exporters from stringent noti- the agency’s failure to apply the controls at sites assessment during forthcoming discussions only fication and consent requirements under the law. that have been removed from the Superfund EPA’s FY05 operating plan, which lays out The court could set a precedent on the provi- National Priorities List (NPL), according to an where funding in EPA’s budget is allocated. sion’s reach, the source says. EPA document obtained by Inside Washington The reevaluation will also respond to com- DOJ attorneys could not be reached for com- Publishers. ments from a peer review panel, which EPA ment, but did not cite any legal precedents about The document, titles Strategy to Ensure decided to address after also receiving comments the provision in earlier court filings in the case. Institutional Control Implementation at from the public to avoid revising the risk assess- The governments’s attorneys raised the issue Superfund Sites, aims to create a consistent EPA ment twice, according to the source and the pro- during Oct. 15 oral arguments before the U.S. approach when applying the controls, known as posed rule. District court for the District of Columbia in institutional controls (ICs), at Superfund sites, Under the wipes and towels rule, EPA is ongoing litigation brought by environmentalists identify any problems with ongoing ICs and pre- proposing to exempt from the Resource to block government plans to send former mili- vent future IC problems. The document is meant Conversation & Recovery Act both disposable tary vessels to the United Kingdom for disman- to “serve as a roadmap for EPA regional and and reusable industrial shop towels and wipes if tling. headquarters personnel in preparing region-spe- certain management conditions are met. The suit, Basel Action Network et al. V. cific action plans and conducting the work nec- (Superfund Report- 10/25/04) Maritime Administration, charges that the plan essary to ensure the proper implementation of by the Department if Transportation’s Maritime ICs at Superfund sites,” the document states. RULES GOVERNING HEXAVALENT Administration (MARAD) violates the export The effort comes, in part, in response to criti- CHROMIUM EXPOSURE PROPOSED provisions of RCRA and the Toxic Substances cism from states and in anticipation of an upcom- The Occupational Safety and Health Control Act (TSCA). MARAD is required to ing Government Accountability Office audit of Administration (OSHA) published in the Federal meet a congressionally mandates deadline of the IC program. “When you have that level of Register three proposed rules designed to reduce 2006 to dispose of more than one hundred interest at different levels of government, it’s worker exposure to hexavalent chromium, the decrepit ships, known as the “ghost fleet,” which something you need to pay attention to,” the carcinogenic chemical featured in the film “Erin are contaminated with polychlorinated biphenyls source says. Brockovich.” (PCBs), mercury, asbestos, and large amounts of ICs are administrative and legal controls used OSHA is proposing three separate standards diesel fuel. to minimize the potential for human exposure that cover exposure to hexavalent chromium in Both TSCA and RCRA play a role in the dis- contamination when a site is not cleaned up to general industry, construction, and shipyards. pute because PCBs are regulated under TSCA, unrestricted use. Examples of ICs include zon- The agency is accepting public comments on the while the other contaminants at issue are regulat- ing, building or excavation permits, well drilling proposed standards until January 3, 2005. ed under RCRA. Environmentalists are seeking prohibitions, and land use restrictions, such as The proposed new permissible exposure limit summary judgment prohibiting the wastes from easements. is 50 times lower than the existing standard, but being shipped without receiving specific exemp- Page 12 The RT Review

FEDERAL REGULATORY UPDATES (CONTINUED) tions from federal law, without specific consent court. “Because EPA might wish to retain the National Science Foundation funded project that from the United Kingdom, and proof that the rule on review, and might be able to easily cure began in 2002 on the transport, transformation, receiving facility has the necessary permits. any defect, vacating the rule risks unnecessary and retention of arsenic in a headwater stream Activists argue that the ships are so contami- disruption to the regulatory scheme,” Judge and possible hydrologic, biological, and geo- nated that they should be considered hazardous Judith Rogers wrote. chemical controls. “The change that occurs as waste and treated as such under RCRA. They Rogers also noted that vacating the rule may anaerobic [oxygen-free] groundwater discharges also say EPA- which is also a party to the suit- actually increase the use of the very chemicals to aerobic surface water impacts the transport of improperly granted MARAD a waiver from a Honeywell is trying to take off the market. “In arsenic. TSCA provision that forbids PCB exports. the past, where vacatur of a rule risks interim Arsenic is more mobile under anaerobic con- However, DOJ attorneys told Judge Rosemary harm to the environment, the court has allowed ditions, while under aerobic conditions, it is Collyer that only certain portions of the ships successfully challenged EPA rules to remain in bound to iron minerals,” she said. “So we are were contaminated and could be separated out effect pending remand. Given the possibility of asking, “What happens to arsenic as it is trans- and disposed of, meaning RCRA would not apply confusion and environmental harm, the same ported from groundwater to surface water? It is until the ships are dismantled. Collyer ques- course of action is warranted here.” Rogers retained at the interface between the two zones? tioned both sides about whether the RCRA scrap wrote. DOJ and EPA did not return calls for Since research has demonstrated that arsenic is a metal exemption should apply in the case, and comment. carcinogen, the U.S. standard fir arsenic in drink- also whether environmentalists had standing to (Defense Environment Alert - 10/5/04) ing water has been lowered from 50 to 10 parts bring suit under TSCA. It is unclear when the per billion, which is the same as the European court may rule in the case. Union standard. (Defense Environment Alert- 10/19/04) EPA CHIEF VOWS TO REDUCE DIESEL Since much of the arsenic contamination is EMISSIONS natural, rather than as a result of industry, “and a EPA LIKELY TO SEEK FULL APPELLATE The nation’s top environmental officer sug- little bit goes a long way,” Schreiber said, “the gested that diesel smoke may soon ne a thing of taxpayers will have to pay for prevention. But REVIEW OF RARE AIR RULE ‘VACATUR’ the past. EPA is planning to appeal a precedent-setting prevention is less expensive than remediation.” Mike Leavitt, administrator of the EPA, told federal appellate decision vacating defective air Schreiber and Valett were to present their find- the audience at a Phoenix clean-air awards cere- quality standards rather than remanding them to ings at the 116th national meeting of the mony that diesel smoke could be almost nonexis- the agency for reconsideration, sources tracking Geological Society of America in Denver, tent with a decade. The result would be cleaner the issue say. Colorado, November 7-10. air and fewer health problems nationwide. EPA is particularly worried that is the ruling is (Environment News Service - 11/2/04) Leavitt was a last-minute addition to the Clean allowed to stand, future courts can rely on the Air Campaign’s annual awards meeting, held to precedent to vacate rules that could be easily FINAL PM DOCUMENT RELEASED recognize Phoenix-area companies for efforts to remedied, leaving the agency without any stan- EPA has released the final scientific assess- reduce driving. He noted that the recent non- dard and potentially harming the environment, ment document on airborne particulate matter, road diesel rule could pave the way to phase out attorneys say. “Air Quality Criteria for Particulate Matter.” the smoke and odor created by diesel engines Attorneys familiar with the case say EPA and Particulate matter (PM) is one of six principal over the next decade. the Department of Justice (DOJ) are leaning of criteria pollutants for which EPA has estab- The improvements resulting from the diesel strongly toward asking the U.S. Court of Appeals lished National Ambient Airt Quality Standards clean-up regulations will begin in 2007 and con- for the District of Columbia Circuit to review the (NAAQS) under the Clean Air Act. In accor- tinue during the following decade, potentially July 23 ruling in Honeywell International Inc. v. dance with the requirements of the CAA, EPA reducing the sulfur content in diesel fuel. EPA, in which a three-judge panel of the court periodically reviews the scientific basis for these (Env. Tip of the Week- 11/1/04) vacated an EPA rule on acceptable alternatives to standards. This document provides significant ozone-depleting substances. new information for the technical and policy “DOJ and EPA are certainly going to be asking SOURCES OF ARSENIC IN VIRGINIA assessments of EPA’s review of the standards. for a review, the scope of which is not deter- WATER EXPLORED The document includes an analysis of very mined yet,” one industry attorney says. “I would At a site near the Virginia Tech campus, large amount of new scientific literature generat- be quite surprised if they did not file for an en arsenopyrite, an arsenic-bearing sulfide, was ed since the NAAQS for PM were revised in banc review.” mined from 1903 to 1919 for use in pesticides. 1997. This final assessment document has been The government had to file a petition for a Researchers from the university have discovered subjected to expert scientific peer review by the rehearing by Oct. 7. that a stream adjacent to the site is receiving Clean Air Scientific Advisory Committee, a By vacating the rule, the court ensured its deci- arsenic from groundwater that flowed through review committee mandated by the Clean Air Act sion would be effective immediately because the the mine, but that some of the pathways from the and part of the EPA’s Science Advisory Board. rule instantly becomes unlawful. In contrast, mine to the stream and the conditions of dis- Information on the Criteria Document, PM remanding the rule- a more common court charge from groundwater into the stream are first research and some of the major actions EPA is action- would have kept it in place while EPA steps to possible remediation and control, said taking to reduce PM is the following Web site: considered how to address issues the decision Madeline Schreiber, assistant professor of geo- The “Air Quality Criteria for Particulate raised. sciences at Virginia Tech. “Arsenic was used in Matter” document is at : The decision forced EPA to abandon its pesticide. The extraction process involved heat- http://www.epa.gov/pmresearch. approval of some alternative to hydrochlo- ing the ore so that the arsenic would oxidize as a (Env. Protection - 11/4/04) roflourocarbon (HCFC)- 141b, a “blowing white powder,” Schreiber said. agent” used in foam insulation that is being Schreiber’s goal is to figure out how to prevent FEDERAL TAX DEDUCTION FOR phased out under the Montreal Protocol to pro- arsenic from getting into the drinking water REMEDIATION RENEWED tect the ozone layer. Honeywell, which manu- sources. “ we are trying to determine the bio- Federal tax abatements for remediation costs factures an approved substitute to HCFC-141b, geochemical controls on arsenic release. In this have been renewed. Many companies and devel- sued the agency for approving other alternatives case , release was accelerated through human opers are not aware that costs spent for remedia- developed by ATOFINA Chemicals. activity-mining. But we are also looking at how tion are, in most cases, tax deductible. One judge on the panel suggested in a dissent- the mineral weathers; then, once it is in the water See your accountant for more information. ing opinion that the issue of whether courts can how it interacts with the sediment and with bac- Many of RT’s clients have taken advantage of vacate clean air rules without remanding them to teria.” Schreiber and associate professor of biol- this provision to make property redevelopment EPA may require an en banc review by the entire ogy Maurice Valett are lead investigators on a more cost-effective. Page 13 Vol. 12, No. 4, December 2004 NJ REGULATORY UPDATES NEW JERSEY DIGS INTO NEW JERSEY SUES EXXONMOBIL FOR NJ REGULATORY UPDATES UNDERGROUND STORAGE WATER POLLUTION ¥ Carbon Dioxide as Air Contaminant - Pg. 14 TANK VIOLATIONS The State of New Jersey has filed natural ¥ UST Violation Crackdown - Pg. 14 DEP Commissioner Bradley Campbell in resource damage complaints against ExxonMobil ¥ Mercury Bill - Pg. 15 August announced the start of a new statewide Corporation over ground water contamination at ¥ Clay Mine to Bird Habitat - Pg. 15 underground storage tank compliance inspection two refinery sites, Exxon Bayway in Linden and program to prevent pollution by reducing the Exxon Bayonne, Governor James McGreevey nant has been controversial, and the Bush number of leaking tanks. said in August. Administration has declined to support such a "Performing comprehensive underground stor- In a second set of actions, Department of definition. age tank inspections will protect our ground Environmental Protection (DEP) Commissioner New Jersey is part of nine state Regional water resources from gasoline and other contam- Bradley Campbell issued an administrative sub- Greenhouse Gas Initiative http://www.rggi.org/ ination," said Campbell. "Millions of New poena and a request for information to that is working to reduce carbon dioxide emis- Jersey residents get their drinking water from ExxonMobil regarding nearly 1,000 gas station sions from power plants. Other participating aquifers that are vulnerable to pollution from sites in New Jersey where ExxonMobil may be states are Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New York, leaking tanks." responsible for hazardous substances that were discharged. Rhode Island, and Vermont. In November 2003, New Jersey voters A third set of actions involves four additional In addition, Pennsylvania, Maryland, the approved a referendum to provide DEP a stable natural resource damage suits filed against defen- District of Columbia, the Eastern Canadian funding source of up to $2 million annually to dants responsible for contamination at sites in provinces and New Brunswick are participating create an underground storage tank inspection Parsippany- Troy Hills, Rahway, Newark and as observers in the initiative. program. Hawthorne. RGGI participating states are developing a regional strategy for controlling emissions by In New Jersey, there are more than 22,000 reg- "We are pursuing natural resource damage establishing a multi-state cap-and-trade program ulated underground storage tanks at about 8,000 claims throughout New Jersey, working with with an emissions trading system. The proposed facilities. State and federal laws require all own- DEP to ensure that where polluters have harmed ers and operators to maintain leak detection, cor- program, which will require electric power gen- our environment, they are required to clean up erators in participating states to reduce carbon rosion and overfill prevention and other mea- the site and compensate state residents for the sures to prevent tank leaks. dioxide emissions, is planned to be designed by loss of natural resources," said Attorney General April 2005. The DEP is establishing a group of 18 state Peter Harvey. "We are reviewing hundreds of The New Jersey Department of Environmental and county inspectors to conduct compliance potential claims." Protection (DEP) will revise several air pollution inspections at each facility once every three ExxonMobil balked at the opportunity to control rules, bringing them in lime with what years. Owners and operators of underground resolve its liability for extensive ground water state officials see as the current scientific consen- storage tanks also must register their tank sys- damage the company caused in Linden and sus that carbon dioxide is an air contaminant. tems with DEP on a three year cycle. Bayonne through a reasonable settlement," said As part of the rule proposal, the DEP is pub- In the past, state underground storage tank Campbell. "Make no mistake, New Jersey will lishing a formal determination that carbon diox- inspections were conducted on the basis of com- take ExxonMobil and other companies that pol- ide emissions are responsible for adverse impacts plaints or referrals to DEP's Site Remediation lute our state's waters to court when they do not on human health and the environment by con- Program. In addition, some county health agen- settle rightful claims for natural resource dam- tributing to global warming. The proposed confirmation that carbon diox- cies conducted inspections and were reimbursed ages." ide is an air contaminant was to appear in the through the DEP's County Environmental Health The Exxon Bayway facility includes 1,300 October 18, 2004 New Jersey Register and will Act program using state Spill Fund monies. In acres of property in Linden and the Exxon facili- ty includes 288 acres of property in Bayonne, be subject to a 60 day public comment period. 2003, there were 781 inspections statewide. (Environment News Service- 9/20/04) New Jersey. DEP plans to fund nine county inspectors and From 1877 through 1993, ExxonMobil provide training and other assistance, including Corporation or its predecessors conducted petro- NEW JERSEY CRACKS DOWN ON specialized equipment to properly inspect under- leum refining operations at the facilities, includ- POLLUTANTS IN CONSUMER ground storage tanks. DEP also is hiring nine ing the receipt, storage and shipment of crude oil, PRODUCTS state inspectors to conduct compliance and partially refined oil, and a wide range of petrole- Dozens of consumer products containing inspection activities out of three state field um products, and they conducted petrochemical volatile organic compounds (VOCs) such as offices, including oversight and assistance to manufacturing operations at the Linden site. adhesives, paint strippers, and air fresheners may county partners. The natural resource damage suits, which have soon be subject to stricter emissions regulations Operators and fuel transporters that disable or been brought under New Jersey's Spill proposed by the state of New Jersey. defeat tank system overfill devices, and fuel Compensation and Control Act and the common The Department of Environmental Protection transporters that place fuel into tanks lacking law, seek to have the polluters compensate the is proposing the new rules to control the emis- valid registration certificate, will also be targeted residents of New Jersey for damage to or loss of sions of VOCs and toxics from consumer prod- by inspectors. the use and benefit of a natural resource injured ucts. The new requirements will apply to manu- Defeating an overfill prevention device may by a discharge of hazardous substances. facturers, distributors, suppliers and retailers of cause a sudden releases of flammable liquid into (Environment News Service - 8/23/04) consumer products. the environment. Placing fuel into unregistered The new rules would apply to automotive NEW JERSEY DEFINES CARBON or improperly registered tanks also risks a release windshield washer fluids, insecticides, and clean- to the environment as the tanks could be substan- DIOXIDE AS A CONTAMINANT ers containing VOCs; and portable fuel contain- New Jersey has redefined the greenhouse gas dard or being operated improperly. ers from which VOCs may be emitted when carbon dioxide as an air contaminant. This defi- The typical penalty for violations at commer- nition clears the way for New Jersey to partici- gasoline or other fuels are poured into or out of cial gas stations is $15,000, but fines can soar for pate in a regional greenhouse gas emissions the container or stored in the container. wider violations. reduction program. New limits would also apply to personal care (Environment News Service - 8/19/04) The definition of carbon dioxide as a contami- products such as hair spray and shaving cream Page 14 The RT Review

NJ REGULATORY UPDATES (Continued) and to colorants and ethanols in antiperspirants sources of NOx emissions, including industrial, ters in the state after learning of incidents in local or deodorants. commercial, and institutional boilers, combus- schools involving broken thermometers. The rulemaking is intended to reduce VOC tion turbines, and reciprocating engines. Assemblyman David Mayer, D-4, drafted the emissions, which are precursors of smog, and to Owners or operators of these sources would be legislation. In a statement from Assembly assist in the attainment of one-hour ozone required to achieve the emission rate limit speci- Democrats, Mayer said he introduced the bill in National Ambient Air Quality Standard and the fied in the rules or to comply instead with alter- order to protect the environment. eight-hour ozone health standard. natives if technically or economically infeasible. The bill titled the "New Jersey Mercury Considering both categories and product These rules also would regulate emissions Products Reduction Act," would prohibit all sales forms, the number of regulated VOC content lim- from distributed generation- the use of small and distributions of mercury thermometers fir its is increased from 41 to 89. scale electric generating technologies installed any reason, including promotional purposes. If approved, these 89 VOC content limits take at, or near, the end user's location. Knorr said the bill could be expanded to include effect on January 1, 2005, and supersede the The proposed new rules would seek better bans on thermostats and lamps that include mer- existing state standards that become operative on control on diesel electric generators and encour- cury. April 30, 1996. age the use of cleaner technologies, such as fuel Connecticut, Illinois, Maine, Massachusetts, (Environment News Service - 10/18/04) cells and microturbines. Michigan, Minnesota, New Hampshire, Oregon, (Environment News Service -10/21/04) Rhode Island and Washington, have outlawed the NEW JERSEY PARKS, FOREST YIELD sale of mercury thermometers. $1.2 BILLION PER YEAR NEW JERSEY BANS NON-NATIVE (By Erin L. Boyle- Glouc. Cty. Times/ 11/8/04) New Jersey's 39 parks and 11 forests provide PLANTS ON STATE LAND economic benefits amounting to at least $1.2 bil- New Jersey is prohibiting the planting of non- NEW JERSEY CONVERTS FORMER lion per year, or $30 billion over a 25 year peri- native species on state lands, and the Department CLAY MINE TO BIRD HABITAT, od, according to a study released by Department of Environmental Protection (DEP) has issued an WETLANDS of Environmental Protection (DEP) advisory list of 20 tree species, 40 shrub species, The state of New Jersey is purchasing a 597 Commissioner Bradley Campbell. 15 vine species, 66 herb species, and 16 grass and acre former clay mine in Quinton Township, The study, entitled "The Economic Value of sedge species that are no longer welcome on Salem County and adding the land to Maskells New Jersey State Parks and Forests," was con- public lands in New Jersey. Mill Pond Wildlife Management Area. ducted by the DEP's Division of Science, The list contains just a fraction of the more The conversation of the S.V. Farming property Research and Technology. It found that New than 1,200 nonindigenous plants in New Jersey will protect the headwaters of Stow Creek, which Jersey's parks and forests creates almost 14,000 that have been introduced, accidentally or inten- discharges into the Delaware Bay. The property jobs, positively impact property values and pro- tionally, mostly from Europe and Asia. Because is covered with forested wetlands and uplands vide enhanced public services including educa- these tend to have few natural predators or para- that are ideal for groundwater recharge. tion. sites on this continent, they are aggressive com- The Maskells Mill Pond Wildlife Management "This study quantifies the importance of New petitors for space and nutrients in New Jersey's Area supports a diverse bird population including Jersey's state parks and forests as an asset to our natural areas. the bald eagle, prairie warbler, scarlet tanager, economy and underscores the necessity of main- The new policy is intended to reduce the wood thrush and bobwhite quail. taining our natural open space," said Campbell. spread of these invasive species that choke out "This acquisition underscores the importance "We get the best return on our investment by nur- New Jersey's natural plants and threaten wetlands of protecting New Jersey's natural resources and turing our parklands and forest resources." and waterways, said the DEP Commissioner restoring those that have been damaged or The study found that New Jersey's parks and Bradley Campbell, announcing the directive. destroyed," said Commissioner Bradley forests provide $812 million in benefits from "State agencies need to lead by example and Campbell, who heads the state Department of recreation and tourism each year, including the stop planting invasive species on land that we Environment (DEP). "In this case, almost 20 indirect economic activity generated by recre- manage," said Campbell. "This is a small, but acres of mined wetlands have been restored and ation and tourism expenditures. important step in our long-term struggle to permanently preserved and can once again serve (Environment News Service- 10/5/04) address this significant threat to New Jersey's as critical habitat for wildlife." rich natural heritage." Invasive species also threaten New Jersey's An extensive wetlands restoration project NEW JERSEY INDUSTRIAL POWER migrated the effects of previous mining activity GENERATORS FACE EMISSIONS CUTS agricultural resources through lost production and marketability for agricultural products. on the property. The 10 year project restored of The New Jersey Department of Environmental In July 2003, the Final Report of the New 18.4 acres of high resource wetlands and the cre- Protection (DEP) is proposing new rules govern- Jersey Comparative Risk Project identified inva- ated an additional 9.9 acres of wetlands. The ing air pollution from nitrogen oxides (NOx) and sive species, including plants, insects and other DEP Green Acres Program purchased the volatile organic compounds- both components of organisms, as one of the top four environmental $550,000 S.V. Farming site from Waste smog. problems facing New Jersey. Management, Inc. The new rules and amendments would apply (Environment News Service - 10/19/04) (Environment News Service- 10/28/04) to owners or operators of stationary sources of NOx emissions, including industrial, commer- NEW JERSEY SCHOOL BUSES GET AN cial, and institutional boilers, combustion tur- BILL ON MERCURY MOVES FORWARD bines, and reciprocating engines. A bill to ban mercury thermometers was EXHAUSTIVE MAKEOVER This proposed rule for additional NOx control approved unanimously in early November by the In New Jersey, school buses are being retrofit- measures is the last of the six measures, and the Assembly Environment Committee. The mea- ted to reduce diesel exhaust pollution. proposal constitutes a proposed revision to the sure now heads to a floor vote in the full At the Clinton Avenue School in Newark state's Ozone State Implementation Plan (SIP). Assembly. (DEP) Commissioner Bradley Campbell If approved, these new rules and amendments Ed Knorr, chairman of a local environmental announced that Public Service Enterprise Group would apply to owners or operators of stationary group, had sought sale of all mercury thermome- Incorporated (PSEG) has joined forces with

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NJ REGULATORY UPDATES (Continued) Camptown Bus Lines to install retrofit devices of a mortgage or loan, obtaining a construction mercury emissions from power plants. The state on up to 46 school buses in Newark. loan, and transactions involving residential prop- Department of Environmental Protection called The retrofits will reduce particulate emissions erties, undeveloped land, retail gasoline stations, pollution rules, formally adopted on November by over 50 percent. Work on 14 buses has been automobile repair shops, and dry cleaners. 4, the nation's strongest. completed and the remainder will be done by Applications for an LNA submitted contrary to The 10 coal-fired power plants in the state year end. this policy will be returned to the applicant must cut mercury emissions by 90 percent before PSEG is contributing $100,000 to retrofit the unprocessed. December 2007. Municipal trash incinerators 46 buses owned and operated by Camptown Bus (Riker Danzig Env. Update- 10/04) have seven years to cut mercury emissions back Lines. MJ Bradley Associates of Cambridge, to 95 percent of what was measured in 1990. Massachusetts developed and is managing the DEP DATA MINER Arsenic in drinking water must stay below five retrofit project. In late spring, the DEP launched a new format parts per billion, half the newest federal standard To learn more about diesel emissions and pub- for its Data Miner website. The Data Miner can for clean water. lic health, visit DEP's Web site: www.stopthe- be used to obtain information such as air quality "If New Jersey's mercury rules were enacted soot.org permitting and reporting, alist of certified labora- nationally, annual emissions from power plant (Environment News Service - 11/1/04) tories, information on a particular site or infor- alone would decline from approximately 48 tons mation on compliance and enforcement, and the to about five tons," DEP Commissioner Bradley DEP LIMITS USE OF ISRA LETTERS OF like. Thus, the Data Miner, which is used to Campbell said. obtain charts and reports, can be used in con- NON-APPLICABILITY Several methods exist to allow water to be junction with i-MapNJ Dep, which provides an DEP recently announced that it will no longer cleaned beyond the limits set by the federal interactive mapping program. As part if the process certain applications for Letters of non- government, he said. Applicability ("LNA") with respect to compli- DEP's Open Public Records website, The Data More than 600 public water systems and 900 ance with the Industrial Site Recovery Act Miner provides a variety of reports and searching additional water systems are monitored for ("ISRA"), N.J.S.A. 13:1 k-6 et seq., for transac- options with up to the minute results. According arsenic. New Jersey also requires private wells tions or properties that are "unmistakably to DEP, "the information contained in this site is to be tested when homes are sold. exempt" from ISRA. Obtaining an LNA has the best available according to the procedures become a common requirement of lenders and and standards of each of the contributing pro- DEP officials estimate that 135 water systems other commercial entities in New Jersey, often grams." The Data Miner website can be accessed will not meet the new standard, which is to go without regard to actual use of the subject prop- at: www.nj.gove/dep/opra.online.html into effect in January 2006. erty. DEP receives over 5,000 applications for (Riker Danzig Env. Update- 10/04) Arsenic is found naturally throughout New ISRA LNAs each year, the majority of which, Jersey, particularly in the north, where it can according to the agency, address properties or NJ TIGHTENS LIMITS ON ARSENIC, leach out of rock formations. transactions that clearly exempt from ISRA. MERCURY Mercury poisoning comes from eating conta- Examples of transactions for businesses "unmis- New Jersey will dramatically toughen the minated fish. The metal accumulates in water. takably exempt" from ISRA include refinancing legal limits on arsenic in drinking water and on (Philadelphia Inquirer- 11/5/04)

PENNSYLVANIA BULLETIN NOTICES FINAL TECHNICAL GUIDANCE: Procedures for the Approval and Accreditation of Laboratories in the Commonwealth of Pennsylvania Utilizing the National Environmental Laboratory Accreditation Conference (NELAC) Standard. Effective Date - 9/25/04 NOTICE OF INTENT TO REMOVE: Deep Mine Safety Program Guidance Manual Effective Date - 10/2/04 DRAFT TECHNICAL GUIDANCE- SUBSTANTIVE REVISION: Conventional Bonding for Land Reclamation - Coal. FINAL TECHNICAL GUIDANCE: 2005 Environmental Education Grants Program Manual and Forms. Effective Date - 10/1/04 DRAFT TECHNICAL GUIDANCE- SUBSTANTIVE REVISION: Bureau of Radiation Protection Compliance and Enforcement Policy DEP SEEKING COMMENTS ON GENERAL PERMIT FOR EXPANDING MUNICIPAL YARDWASTE COMPOST FACILITIES DEP published a notice in the October 30 Pennsylvania Bulletin for a general permit to expand existing municipal operated compost facilities from the existing approval of 5 acres to a maximum of 15 acres. DRAFT TECHNICAL GUIDANCE - Substantive Revision Turbidity Reporting Instructions for Public Water Systems Using Filtered Surface Water or Groundwater Under the Influence of Surface Water (GUDI) Sources. DRAFT TECHNICAL GUIDANCE: Proposed Revision to the Agricultural Land Preservation Policy.

Page 16 The RT Review

FEDERAL REGISTER NOTICES http://www.epagov/homepage/fedrgstr

Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines: Final Rule; stay. (Federal Register - 8/18/04) Environmental Protection Agency Effluent Limitations Guidelines and New Source Performance Standards for the Concentrated Aquatic Animal Production Point Source Category; Final Rule. (Federal Register - 8/23/04) Environmental Protection Agency Withdrawal of Direct Final Rule; National Primary Drinking Water Regulations: Analytical Method for Uranium: Withdrawal of Direct Final Rule. (Federal Register - 8/25/04) Environmental Protection Agency Standards and Practices for All Appropriate Inquiries and Notice of Public Meeting To Discuss Standards and Practices for All Appropriate Inquiries; Proposed Rules. (Federal Register - 8/26/04) Environmental Protection Agency Approval and Promulgation of Implementation Plans; New Jersey; Revised Motor Vehicle Transportation Conformity Budgets: Final Rule. (Federal Register - 8/30/04) Environmental Protection Agency Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Federally Enforceable State Operating Permit Program for Allegheny County. (Federal Register - 8/30/04) Environmental Protection Agency Storage of PCB Articles for Reuse; Availability of Supplemental Response to Comments Document. (Federal Register - 9/7/04) Environmental Protection Agency Effluent Limitations Guidelines and New Source Performance Standards for the Meat and Poultry Products Point Source Category; Final Rule. (Federal Register - 9/8/04) Environmental Protection Agency Test Procedures for Testing Highway and Nonroad Engines and Omnibus Technical Amendments; Proposed Rule. (Federal Register - 9/10/04) Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters; Final Rule. (Federal Register - 9/13/04) Environmental Protection Agency Air Quality Classifications for the 8-Hour Ozone National Ambient Air Quality Standards: Final Rule. (Federal Register - 9/22/04) Environmental Protection Agency Papers Addressing Scientific Issues in the Risk Assessment of Metals: Notice of availability. The issue papers are available primarily via the Internet on the Risk Assessment Forum’s Web page http://cfpub.epa.gov/ncea/raf/recordisplay.cfm? (Federal Register - 10/4/04) Environmental Protection Agency National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks: Proposed Rule; Amendments (Federal Register - 10/13/04) Environmental Protection Agency Air Quality Criteria for Particulate Matter: Notice of Availability of Final Document (Federal Register - 10/29/04)

Environment News Service Articles in the RT Review are copyrighted, all rights reserved by ENS.

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SERVICES & PRODUCTS

PROCESSING FACILITIES SITE REUSE ¥ Recycling Facilities ¥ PA Land Recycling ¥ Transfer Stations ¥ Brownfields ¥ Industrial Metals Processing ¥ NJ ISRA ¥ Residual & Hazardous Waste Facilities ¥ Site Redevelopment Plans ¥ Landfills

ENVIRONMENTAL SURVEYS REMEDIATION ¥ Phases 1 - 4 Environmental Surveys ¥ Groundwater Recovery/Treatment ¥ Field Investigations ¥ Waste/Soil Excavation ¥ Computer Regulatory Database Checking ¥ Soil Vapor Extraction ¥ Field Analytical Testing (Volatiles, Metals, ¥ Bioremediation PCB’s, Gasoline, and Oil Compounds) ¥ Liquid and Vapor Phase Carbon Treatment ¥ Remedial Action Plans ¥ In Situ Thermal Desorption ¥ Asbestos Testing & Abatement ¥ Tank Upgrading and Removals ¥ Lead-Based Paint Testing & Abatement ¥ Feasibility Studies ¥ Storm Water Management

INDOOR AIR QUALITY AIR EMISSIONS ¥ Microbial Investigations - Mold & Bacteria ¥ Emissions Permitting and Inventories ¥ Remedial Evaluations ¥ Emissions Testing ¥ Oversight ¥ Odor Control Studies ¥ Remediation Services ¥ Dispersion Modeling ¥ Expert Witness

OTHER SERVICES CONCEPT THROUGH START-UP ¥ Training Programs ¥ Design and Project Management ¥ Contingency Plans ¥ Permitting ¥ Source Reduction ¥ Construction and Construction QA/QC ¥ Waste Minimization ¥ Start-up Operations Services ¥ Superfund Project Management ¥ Operations and Maintenance ¥ Expert Witness Testimony

Call us for more information at 800-725-0593 or visit our Web Site at http://RTENV.COM RT Environmental Services, Inc.

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Vol. 12, No. 4, December 2004

KEY HIGHLIGHTS

FEDERAL UPDATES NJ REGULATORY UPDATES IN THIS ¥ Solid Waste Rule - Pg. 9 ¥ Carbon Dioxide as Air Contaminant - Pg. 14 ¥ Air Conditioner Efficiency Standards - Pg. 9 ¥ UST Violation Crackdown - Pg. 14 ISSUE ¥ New Arsenic Risk Value - Pg. 10 ¥ Mercury Bill - Pg. 15 ¥ SSO/CSO Discharges - Pg. 11 ¥ Clay Mine to Bird Habitat - Pg. 15 Page 1 PA UPDATES TECHNOLOGY UPDATES RT IS #1 IN PA LAND RECYCLING ¥ Small Business Matching Grant - Pg. 4 ¥ Riverbank Soils Filtration - Pg. 5 ¥ Lab Accreditation - Pg. 4 ¥ Oil Industry & Vapor Intrusion - Pg. 6 Page 1 ¥ Glaciers Melting Faster - Pg. 6 ¥ Clean Electricity - Pg. 4 BROWNFIELDS RESIDENTIAL UPGRADES - ¥ Arsenic Treatment - Pg. 7 ALL THE RAGE ¥ Solid Waste From Renovation - Pg. 7 Page 2 PROPERTY MANAGERS SMARTER Page 8 RT E-MAIL DIRECTORY EPA AAI DUE DILIGENCE LARRY BILY [email protected] WALTER HUNGARTER [email protected] REGS CLOSE TOM BRADY [email protected] PAUL LEDEBUR [email protected] Page 10 GARY BROWN [email protected] PAUL MOSCATELLO [email protected] RESPONDING TO CERCLA CHRIS ORZECHOWSKI [email protected] CHRIS EYRE [email protected] SECTION 104(E) LETTERS KATHY O’CONNOR [email protected] CRAIG HERR [email protected] RAFAEL TORRES [email protected] Page 12 CRAIG HOPKINS [email protected] NOVEL RCRA RECYCLING ARGUMENT KEITH GERBER [email protected] VISIT OUR WEBSITE WWW. RTENV.COM Page 13 FEDERAL TAX REMEDIATION DEDUCTION

RT Environmental Services, Inc. 215 West Church Road PRSRT STD U.S.Postage King of Prussia, Pennsylvania 19406 PAID Permit #159 Lehigh Valley, PA

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