Notice of Final Decision to Reissue a Hazardous Waste Management Corrective Action Only Permit and to Terminate an Incinerator Permit for Velsicol Chemical Llc
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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. 1 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 2 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.