Notice of Final Decision to Reissue a Hazardous Waste Management Corrective Action Only Permit and to Terminate an Incinerator Permit for Velsicol Chemical Llc

NOTICE OF FINAL DECISION TO REISSUE A HAZARDOUS WASTE MANAGEMENT CORRECTIVE ACTION ONLY PERMIT AND TO TERMINATE AN INCINERATOR PERMIT FOR VELSICOL CHEMICAL LLC

The Tennessee Department of Environment and Conservation (TDEC) Division of Solid Waste Management (DSWM) has made final decisions for two separate hazardous waste management permits at Velsicol Chemical LLC (Velsicol). This facility (EPA ID number TND007024664) is located in Shelby County at 1199 Warford Street, Memphis, Tennessee 38108. The first permit decision terminates the incinerator permit for the now closed incinerator unit. The second permit decision renews the corrective action only permit to address current and future environmental and human health concerns. These actions follow a 45-day public comment period which ended on September 2, 2014 and a public hearing held on August 19, 2014. DSWM received oral and written comments from the public and written comments from Velsicol. DSWM also made minor corrections to finalize the draft corrective action only permit. The Response to Comments documents how the comments were addressed.

Velsicol notified DSWM they planned to close the incinerator on September 28, 2012. Velsicol closed the unit using the approved Closure Plan from Permit TNHW-026 and subsequent revisions dated June 4, 2013. DSWM received the Certification Report on September 17, 2013. Permit TNHW-026 for the incinerator was terminated on September 19, 2014.

The reissued permit (TNHW-158, formerly TNHW-109) is for a corrective action only permit. It requires Velsicol to perform corrective action and address environmental and human health concerns. This permit action includes corrective action conditions for the solid waste management units and areas of concern. Velsicol is required to investigate any release of hazardous waste or hazardous constituents at the facility, regardless of when waste was placed in a unit. The permit conditions require Velsicol to notify DSWM of imminent hazards. This permit is effective as of September 30, 2014 and shall remain in effect until September 30, 2024, unless revoked and reissued, or terminated, or continued under applicable regulations.

These permit actions are being made per Tennessee Code Annotated, Section 68-212-101 et seq., and Tennessee Rule Chapter 0400-12-01, Hazardous Waste Management.

Members of the public may inspect copies of the termination, the permit, and the Response to Comments, at the Hollywood Branch of the Memphis Public Library, 1530 North Hollywood Street, Memphis, TN 38108 (901-415-2772). These materials are also available at the TDEC Memphis Environmental Field Office, Public Access Area, 8383 Wolf Lake Drive, Bartlett TN 38133-4119 (901-371-3000) and DSWM’s Central Office, William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue, 14th Floor, Nashville, TN 37243 (615-532-0780). Normal state office hours are 8:00 a.m. to 4:30 p.m. on weekdays, excluding legal holidays.

For further information on the incinerator termination contact Ms. Jacqueline Okoreeh-Baah in the Combustion Permitting Section at DSWM’s Central Office (615-532-0825) or email [email protected]. For further information on the corrective action only permit contact Mr. Charles Burroughs in the Corrective Action Section at DSWM’s Central Office (615-532-0863) or email [email protected].

If you would like to receive notices like this directly, contact the Public Participation Officer in DSWM’s Central Office for a Mailing List Request form. Call 615-532-0788 or email [email protected].

TDEC is an Equal Employment Opportunity/Affirmative Action (EEO/AA) employer. TDEC does not unlawfully discriminate on any basis prohibited by applicable law in any of its programs, services or activities.

EEO/AA inquiries or complaints may be directed to the EEO/AA Coordinator, Office of General Counsel, at 1-888-867-7455. ADAAA inquiries or complaints should be directed to the ADAAA Coordinator, HR Division, at 1-866-253-5827. Hearing impaired callers may use the Tennessee Relay Service (1-800-848-0298).

RIGHTS OF APPEAL

The administrative and judicial review of this final permit is pursuant under the Tennessee Uniform Administrative Procedures Act, T.C.A. Sections 4-5-317 and 4-5-322 and the Hazardous Waste Management Act, T.C.A. 68-212-113 and Tennessee Rule 0400-12-01-.07(7)(k).

NOTICE ISSUED: October 16, 2014

RESPONSE TO COMMENTS

This document has been prepared in accordance with Tennessee Rule 0400-12-01-.07(7)(j). It has resulted from the Tennessee Division of Solid Waste Management’s (Division), issuance of a draft permit to Velsicol Chemical LLC, Memphis Plant (Velsicol), located at 1199 Warford Street, Memphis, Tennessee 38108; EPA Identification Number TND007024664, currently permitted under Tennessee Permit Number TNHW-109. The renewal permit will require Velsicol to perform corrective action for all releases that have or may occur at their Memphis site, which will address current and future environmental and human health concerns.

Section A of this document describes the efforts made by Velsicol and the Division to obtain public input. Section B summarizes and responds to all significant comments received.

A. Public Involvement Opportunities

On October 15, 2012, Velsicol published a notice in the Commercial Appeal, Memphis, Tennessee that alerted the public of a meeting to be held on November 15, 2012 at the Hollywood Community Center, 1560 N. Hollywood, Memphis, TN. The purpose of the pre-application meeting was to advise the public of their intentions to renew their expiring permit and to solicit comments. Members of the community attended the meeting. Several comments were received from this meeting and were considered during the review of the permit application.

A public notice of the issuance of the draft permit was published in the July 17, 2014 edition of the Commercial Appeal, Memphis, Tennessee. Several 30-second announcements of the action referencing the notice published in the newspaper were also provided over radio stations WHRK (FM) 97.1 and WEGR (FM) 102.7. The public notice advised that copies of the draft permit and associated materials were available for review at the Division’s Memphis Field Office and Central Office in Nashville, and at the Hollywood Branch of the Memphis Public Library. The notice also established a 45-day public comment period (ending September 2, 2014) and described how interested persons could comment in writing on the proposed action. The notice further described that a public hearing would be held on August 19, 2014 at the Hollywood Community Center, 1560 N. Hollywood, Memphis, TN 38108.

B. Public Comment/Response Summary

There were oral and written comments received from the public at the public hearing. Velsicol submitted written comments in a letter dated August 27, 2014. The Division also made changes to the permit during the comment period. These comments are addressed below.

Response to Public Comments

1. Comment: No plan has come together for the remediation in the open areas at Sub-Area 4.

Response: Velsicol completed the investigation of Sub-Area 4 (the grassy area) and submitted a report of their findings in June 2004. Velsicol submitted an addendum to their 2004 report which included a Human Health Risk Assessment (HHRA) dated June 8, 2009 for Division review to determine if any corrective action would be required in Sub-Area 4. The Division sent the HHRA to the Environmental Protection Agency and the Department of Health for their comment. The Division approved the HHRA in a letter dated June 16, 2011. The results of the June 2004 investigation were compared to the HHRA to determine what, if any, remediation was required. The Environmental Protection Agency (EPA) stated “that from a risk assessment perspective, no land use or exposure restrictions were needed.” However, the approval included a comment from the Tennessee Department of Health (TDH) that stated further consideration should be given to a limited clean-up for those areas in Sub-Areas 4 and 5 where the Hazard Index and risk were excessive. Velsicol identified four areas where the risk would require remediation. Velsicol submitted a work plan on January 26, 2012, to install, with the permission of the City of Memphis, soil covers over the areas. The Division approved the work plan along with an addendum on March 21, 2012. Velsicol submitted a construction completion report to the Division December 6, 2012. The Division approved the construction of the cap for the above mentioned four areas of Sub Area 4 on January 11, 2013. The Division will require administrative controls that include inspections and maintenance of the covered areas in perpetuity.

Velsicol will be required to draft a statement of basis for the final remedy for Sub Area 4 which will require a permit modification and a public notice. At this time there are no additional requirements for remediation at Sub-Area 4.

2. Comment: None of the cost of the clean-up at Velsicol or Cypress Creek should fall to the taxpayers.

Response: Velsicol is financially responsible for all clean-up activities that are currently being performed on the plant site and Cypress Creek. Upon selection of final remedies for Solid Waste Management Units (SWMUs) and Areas of Concern (AOCs), Velsicol will be required to provide financial assurance for the operation and maintenance of all approved final remedies both on and off-site of the Velsicol property.

3. Comment: How are SWMU’s and AOCs handled (cleaned-up)?

Response: Velsicol is required to submit a plan to the Division for the remediation of SWMUs and AOCs. The facility can consider risk by using risk

assessments to determine cleanup levels for soils. The facility can use controls such as barriers to keep exposures from taking place such as soil and concrete covers. The facility must control groundwater contamination from SWMUs and AOCs.

4. Comment: How can clean-up information be found in the files?

Response: These materials are available for review in Solid Waste Management's Velsicol files during normal business hours, 8:00 a.m. to 4:30 p.m., Monday through Friday, except legal holidays, at the TDEC Memphis Environmental Field Office, 8383 Wolf Lake Drive, Bartlett, TN 38133 (901-371- 3000) or the TDEC DSWM, William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue, 14th Floor, Nashville, TN 37243 (615-532-0780). Please call in advance for an appointment.

5. Comment: Will the operation of the pump and treat system continue in the future?

Response: At this time pump and treat is expected to be a part of the remedy for groundwater remediation for the foreseeable future.

6. Comment: I would like to see clean-up at Velsicol complete before redevelopment of the site.

Response: The clean-up and redevelopment are not tied together. Redevelopment often takes place at sites that are not clean such as Brownfields. The Division will work with Velsicol to ensure that any redevelopment does not impede the progress on any future or on-going remediation.

7. Comment: Would like to see more detailed maps of SWMUs slated for clean-up.

Response: Velsicol has provided many detailed maps over the course of remediation activities that have been conducted at the site since the mid-1990s. We suggest you contact the Division at one of the offices listed in Comment #4 to set up an appointment with one of our staff members to review the maps that are on file. If, upon that review, you determine the maps are unsuitable for your review, the Division staff member will note your concerns to Velsicol.

8. Comment: What type of clean-up actions will take place at Springdale apartments?

Response: The Final Remedy at Springdale Creek Apartments will consist of hot spot soil removal along with a 15-inch barrier of soil and grass. Velsicol will be responsible for maintaining the soil cover and the fence in perpetuity.

9. Comment: Have there been any public meetings with residences at Springdale?

Response: No. There will be a public hearing once the Interim Measures is complete and the final remedy is proposed and public noticed.

10. Comment: Residences along Cypress Creek need to receive written notice of any public meetings.

Response: Residences can receive written notices by requesting addition to the mailing list by calling or writing the Public Participation Officer, DSWM, TDEC, William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue, 14th Floor, Nashville, TN 37243 (615-532-0780), or emailing [email protected] and requesting a Mailing List Request form.

11. Comment: In the area of Edward and University at a vacant lot there has been erosion on the bank and some of the orange fencing is down. This area needs to be re-visited.

Response: This question was forwarded to Velsicol with the following response. In late 2012, the City of Memphis repaired the Cypress Creek concrete liner from 1942 Edward Ave. to 1970 Edward Ave. and removed the orange fencing that had been installed for some time prior to that period. The vacant lot was purchased by the city in 2012 and they constructed a concrete ramp access into the channel at that time. The comment concerning the current condition of the ramp area (i.e. soil erosion and fencing that is down) may need to be referred to the City of Memphis for possible additional follow-up. We are not aware of any other vacant lots located in this area.

12. Comment: Velsicol needs to be more transparent in sharing information.

Response: Velsicol has met the regulatory requirements for public participation including newspaper and radio announcements. In the past Velsicol has conducted meetings at area community centers to update the community on activities at the site. However, the Division will encourage Velsicol to use their Cypress Creek website as an electronic repository where the public can access work plans and reports that have been and will be generated during the remediation activities at the site.

13. Comment: What are the plans for re-development of the site?

Response: At this time the Denovo Environmental Group is leasing office and warehouse facilities at the site. Velsicol is partnering with Delta Recycling to operate a concrete recycling operation on a portion of the site. Additional redevelopment plans have not been shared with the Division at this time.

14. Comment: Velsicol/TDEC needs to provide better access to groundwater monitoring records. Response: TDEC will encourage Velsicol to establish an electronic repository for the public to have access to documents generated during remediation at the site. However, all documents pertaining to remediation can be reviewed at the TDEC Memphis Environmental Field Office (MEFO) located in Memphis and the Division of Solid Waste Central Office located in Nashville. Refer to Comment #4 for the exact location and business hours.

15. Comment: What will TDEC do to protect the Memphis drinking water from contamination at Velsicol?

Response: The contamination from Velsicol is not in the Memphis aquifer. Velsicol samples their deep wells and has not detected any of their contaminants above relevant action levels. Additionally shallow groundwater is being captured by the on-site groundwater pump-and-treat system.

16. Comment: What future actions are slated for Cypress Creek?

Response: Velsicol has completed soil removal from 15 private properties located along Cypress Creek, completed investigation at Sub Area 5 and installed a soil cap in Sub Area 4 (Refer to Comment #1). The Division approved a plan for the investigation of commercial properties along Cypress Creek. If soil contamination exists on the commercial properties along Cypress Creek, the Division will require Velsicol to evaluate and propose corrective action. Additionally, the Division has approved a plan to perform soil removal and install a cap at the Springdale apartments north (refer to Comment #8 for additional discussion). All remedies and interim actions will require future public notice and comment before incorporating it into the permit.

17. Comment: Will the permit include corrective measures beyond Cypress Creek and other known surface & groundwater?

Response: Contamination from Velsicol does not appear to extend beyond Cypress Creek; therefore Velsicol has not been required to conduct investigations of the Wolf and Mississippi Rivers. Contamination in the sediments in these rivers is being evaluated by the TDEC Division of Water Resources. Your comment will be forwarded to the Division of Water Resources for review and comment. The commenter was also provided the contact information for the manager of the TDEC MEFO, Division of Water Resources at the public hearing.

18. Comment: I would like to have been able to review the draft permit electronically.

Response: The TDEC SWM Public Dataviewer has just been expanded to include Hazardous Waste interests and can be found at the following link: http//www.tn.gov/environment/dataviewers.shtml. Please note that only limited

data can be found on this site at this time. Additional information will be forthcoming. The Division staff sent an electronic copy of the Draft Permit to a public hearing participant as requested on August 25, 2014 and he agreed to forward it on to other attendees.

Response to Velsicol Comments

1. Comment: Page I-3, I.B.10. Definition of Hazardous Waste. The first sentence of this definition is overbroad and does not match the definition located in TDEC’s Rule 0400-12-01-.02(1) (c). As written, the definition could define any “solid waste …which…pose(s) a...potential hazard to …the environment when improperly…disposed of” to be a hazardous waste. Under this definition waste tires or household trash, for example, that was disposed of improperly could be defined as a hazardous waste. Paragraph 10 should be changed to read: “Hazardous waste means waste as defined in Rule 0400-12-01-.02(1)(c).”

Response: The definition for Hazardous Waste in I.B.10. is standard permit language. Furthermore the language refers to Rule 0400-12-01-.01(2)(a) and .02(1)(c) for further clarification.

2. Comment: Page I-5, I.B.24. Definition of Solid Waste. Similarly this definition in its entirety does not match the definition located in TDEC’s Rule 0400-12-01- .02(1)(b). Paragraph 24 should be changed to read: “Solid waste means waste as defined in Rule 0400-12-01-.02(1)(b).”

Response: The definition for Solid Waste in I.B.24. is standard permit language in every permit.

3. Comment: II.C. Personnel Training. Personnel training, per Rule 0400-12-01- .06, is only required for facilities that “treat, store, or dispose of hazardous waste.” The Velsicol facility is no longer classified or permitted as a “TSD” facility. Section II.C should be deleted in its entirety.

Response: II. GENERAL FACILITY CONDITIONS is standard in every permit. Velsicol is a permitted facility for corrective action and as such must ensure that all personnel have the applicable training to perform their duties necessary to carry out the requirements of the permit. There is work related to solid waste management units, areas of concern and the groundwater monitoring system at the facility for which personnel must be properly trained. The Division has taken the position of leaving this requirement in all permits. . 4. Comment: II.G. Organic Emission Standards. There is no purpose for this requirement to be included in the permit. The CATF facility is the only source of organic emissions associated with the corrective action program at the facility. The CATF is not subject to the RCRA organic emissions standards referenced by this Section because it is not handling hazardous waste. Paragraph II.G should be deleted.

Response: Organic Emission Standards is II.H. II.H. requires the permittee to modify their permit and submit the necessary information before installing any equipment with process vents subject to the requirements. This is standard in every permit.

5. Comment: Attachment 3 Inspections, Figure 3-1 (Example Inspection Log). Any inspection log that the permittee chooses to utilize will not include the “Former Hazardous Waste Storage and Incinerator Pads” as indicated on the “Example Form” in Figure 3-1. Both of these formerly permitted units have been certified closed by both the permittee and TDEC. They are both included as SWMU’s in the corrective action program covered by this permit which will address any remaining contaminated soils or groundwater associated with these two areas. The condition of the remaining concrete floor (pads) is therefore not relevant to the corrective action program at the facility.

Response: The Example Inspection Log was supplied by Velsicol for use in the Draft Permit. Since submittal of these comments Vesicol has submitted a new Inspection Log to replace the old one. The new inspection log will be included in the final permit as requested.

6. Comment: Figure 3-2 of Attachment 3. Entitled Semi-annual Monitoring Wells Inspection Log includes a group of wells that are identified as “2-Phase Remediation Program Wells on Velsicol Plant site.” Velsicol is preparing a plan for TDEC approval for abandonment of many of those wells. The only wells to be kept in use (and where inspections should be required) are the few where DNAPL monitoring and recovery are currently being performed on a quarterly basis. Therefore, the renewed permit should provide for a change in the Semi- Annual Inspection Log relative to the “2-phase wells” without the need for a Permit Modification

Response: The Jan. 7, 2014, NOD required inspection of all monitoring wells. Velsicol submitted an inspection log that included all the wells to satisfy the requirement of the NOD. Velsicol provided comments on the Draft Permit which included a comment about some of the wells on the inspection log. Velsicol submitted a new inspection log which had removed most of the wells on the inspection log. The concern is that security and maintenance of the monitoring system is maintained and documented, for all wells that have not been decommissioned. The first Inspection Log is the only log provided that met that requirement and will be used in the permit. The removal of the wells from the Inspection Log will require a modification of the Permit.

7. Comment: First paragraph of Attachment 1. Facility Description. It’s stated that Figure 1-2 shows the location of SWMUs. That figure is dated 1994 and is outdated as a basis of SWMU locations. Velsicol recommends that the 8-30-12 dated Site Plan that was submitted as Attachment 4 of Velsicol’s September 25, 2012 Application for Permit Renewal is used to show the SWMU locations.

Response: Since the submittal of comments by Velsicol, the Division has requested from Velsicol additional maps and will replace the maps that were used as Figure 1-2 with the map requested by Velsicol.

8. Comment: Attachment 6. Methodology for Well Abandonment and Closure notes that “an equivalent method” for well decommissioning may be used with pre-approval by the Commissioner. Velsicol notes that the Shelby County Health Department issued the Well Installation Permits for all of the Facility’s wells and has established rules and requirements for well abandonment and closure. Those Shelby County requirements will apply for the Facility and should be pre- approved by the Commissioner.

Response: Attachment 6 will be changed from Methodology for Well Abandonment and Closure to RULES AND REGULATIONS OF WELLS IN SHELBY COUNTY which will include the well abandonment rules for Shelby County.

Division's Changes to the Permit

1. On page I-2, I.C.2., under the definition for “Area of contamination” deleted (LDRs).

2. On page I-2, I.C.4., under the definition for “Corrective action” changed "SWMUs" to "solid waste management units" and changed "AOCs" to "areas of concern".

3. On page I-3, I.C.10., under the definition of "Hazardous waste" deleted the comma after "clarification" on the next to last line.

4. On page I-3, I.C.14., under the definition for "Land disposal" removed (CAMU).

5. On page I-4, I.C.22., under the definition for "Remediation Waste" deleted "and" after waste on the first line.

6. On page III-4, III.E.1(c), under RFI Work Plan(s) changed 'RCRA Facility Work Plan(s)" to "RFI Work Plan(s)."

7. On page III-7, III.1.(b), under IM Work Plan changed "approver" to "approve."

8. On page III-10, J.2., under INSTITUTIONAL CONTROLS (ICs) added a period at the end of sentence.

9. On page 4.1-3, Table 4.1-5, added AOCs B, C, and D.

10. On page 4.1-4, Table 4.1-5, added SWMUs 18, 19, 22, and 23.

11. On page 4.1-5, Table 4.1-5, added SWMU 33.