CERCLA and Brownfields
The CERCLA and Brownfields Subcommittee is planning to hold their next symposium August 4-6, 2020 in Des Moines, IA. A formal announcement, as well as registration and additional information, will be shared this spring.
The Removals Focus Group published a form titled, Uniformity of Time Critical Removal Actions. This form brings together consistent referral packages across all States. It identifies information that is needed to evaluate the commitment of limited resources by the U.S. EPA when reviewing referral requests. It also addresses the need for consistency in the removal action request process. One publication is expected to be published in the near future. This will be a checklist regarding preparing CERCLA Post-Construction cleanup sites for natural disasters.
With some positions currently open, the CERCLA and Brownfields Subcommittee encourages State members to apply to be a part of one of the Focus Groups. If you have any interest and would like to see if your Region has any openings, please contact Scott Lauher in the ASTSWMO office.
In March, the Subcommittee will release an Issues Paper on Cleanups at Federal Facilities that summarizes several program and policy issues of concern to States specific to federal facility cleanups.
The Remediation and Reuse Focus Group finalized an outline and developed a formal information request to all States for its current research regarding State coordination with non-Department of Defense (DoD) and non-Department of Energy federal agencies at federal facility cleanups. The request will be sent to all States in March and will collect data on the types of cleanups and sites nationwide, State involvement and oversight activities and agreements, funding, and successes and challenges States have encountered at these sites.
The State Federal Coordination Focus Group finalized an outline and continued research for its next issue paper that will summarize current federal and State laws, regulations, and guidance regarding the implementation of land use controls (LUCs) at federal facilities. The document will also provide examples of challenges States encounter at various types of federal facilities (ex., federally-owned, closed, transferred), provide suggestions for improving the processes for documenting and maintaining LUCs, and highlight successful cases for each type of federal facility.
State members from the Subcommittee, Focus Groups, and DoD Forums are assisting in organizing and developing presentation materials for several upcoming DoD events this summer including the Air Force Environmental Summits and the National FUDS Forum meeting. ASTSWMO staff will continue to send updates on these and other events and trainings as they are announced.
The EPA Federal Facilities Online Academy has several upcoming webinars planned in 2020. Upcoming webinars include Resolving Issues Before Formal Dispute (March 2), Role of Superfund Performance Measures (April 6), and Determining ARARs at Federal Facility Sites (May 4). For a calendar of upcoming events visit the CLU-IN website. EPA is also hosting a 3-day Federal Facility RPM training on April 7-9, 2020, in Chicago, IL, and on July 14-16, 2020, in Denver, CO. Details and registration information are available on the Trainex website.
The Hazardous Waste Subcommittee has continued to monitor the process of EPA’s revisions to the STAG allocation formula. The Subcommittee is preparing an update to the 2007 RCRA Subtitle C Core Report, and has been analyzing cost information in the five core program areas addressed in the 2007 report: 1) Inspections, 2) Enforcement, 3) Permitting, 4) Remediation and 5) Program Development.
The Corrective Action and Permitting Task Force focused on the agenda development for the ASTSWMO 2020 RCRA Corrective Action Conference that will be held on June 3-5, 2020 in Lexington, KY. The first day, June 3, will be open only to States, Territories and EPA. The Conference will be open to a broad audience on June 4-5, 2020. The Task Force has also provided input to EPA on corrective action beyond 2020. A draft agenda and link to register for the Conference is available here.
The Compliance Monitoring and Enforcement Task Force worked on revisions to the RCRA Compliance Monitoring Strategy (CMS). The Program Information Management (PIM) Task Force continued to monitor development of RCRAInfo Version 6 and the implementation of the e-Manifest system.
Each Task Force is currently fully staffed with ten members. However, there will be Regional openings as of October 1, 2020 due to term rotations. If you are interested in participating on a Task Force, please contact Kerry Callahan in the ASTSWMO office.
The Beneficial Use Task Force conducted a Beneficial Use of Fill Materials Survey and has begun to analyze results. The Solid Waste Disposal and Conversion Task Force made refinements to a compendium they have developed of landfill odor causes and available control options. The Task Force also continued their engagement on issues regarding coal combustion residuals and provided comments to EPA on the proposed rule, Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; A Holistic Approach to Closure Part A: Deadline To Initiate Closure. The Radiation Task Force has identified management of radiological material from disasters as the focus of their new project. They will be scoping what information is already out there in order to identify State needs the Task Force project can fill. The Sustainable Materials Management Task Force finalized the initial version of a matrix of State Actions to Address Recycling Market Changes they developed to document State and local actions in response to China Sword. See the New ASTSWMO Resources section for more information about the webpage.
If you are interested in participating on a Task Force within the Materials Management Subcommittee, please contact Kerry Callahan in the ASTSWMO office to learn about current and upcoming Regional openings.
The Tanks Subcommittee met in February 2020 to review current national priorities in the State Tanks programs and plan future activities of the Subcommittee and Task Forces. A summary of these discussions and an outline of ASTSWMO’s plans for future activities will be shared with the membership during the National Tanks Conference in September 2020.
ASTSWMO assisted EPA’s Office of Research and Development (ORD) with compiling State points of contact and conducting outreach activities for its national UST and LUST geodatabase. EPA and ASTSWMO will continue providing updates on the geodatabase as they become available. The Subcommittee, Task Forces, EPA Office of Underground Storage Tanks (OUST), and EPA ORD held their annual coordination conference call in December to discuss ASTSWMO members’ needs in the areas of research and technical support.
Members of the four ASTSWMO Task Forces are organizing a webinar for EPA and States on the sources and causes of UST releases. The cross-program webinar will provide information on how States and contractors determine the sources and causes of UST releases and how this information (or lack of information) impacts the effectiveness and costs to State cleanup programs. The webinar will be held in April 2020.
The Emerging Fuels Task Force finalized questions and distributed an information request to all State UST programs to collect updated data and policies for its Story Map. To date, twenty-five States have provided information for the update.
The UST Task Force continued to work with OUST to discuss issues related to the implementation of the 2015 UST regulations. Issues discussed this quarter included equipment compatibility with biofuels, sump water disposal, and overfill protection equipment testing, repairs, and replacements.
The State Fund-FR Task Force continued collecting fact sheets from State UST programs about their individual abandoned tanks programs. Over 10 States have submitted fact sheets, which will be compiled on the ASTSWMO website in a mapping tool.
The LUST Task Force began discussing plans for new projects this quarter, which will follow up on discussions and suggestions for research proposed at the 2019 LUST Workshop.
ASTSWMO Peer Match Program
The ASTSWMO Board of Directors is now offering a handful of one-on-one information exchange opportunities for States and Territories (States) through our Peer Match Program. Peer matches provide the opportunity for State program staff to travel to another State to learn more about how that State administers certain components of a program (e.g., field compliance inspections, financial responsibility programs, inspections, enforcement, etc.). The peer match trip usually lasts 1 – 2.5 days, and ASTSWMO reimburses the traveling State participant for expenses incurred up to a cap of $1,400. As the recipient of the funding, trip reports must be submitted to ASTSWMO from the traveling State participant. If interested in participating in a peer match, please contact the appropriate ASTSWMO staff.
Contaminants of Emerging Concern Steering Committee
ASTSWMO formed the Contaminants of Emerging Concern (CEC) Steering Committee in October 2019 to provide a forum for ASTSWMO representatives to discuss Federal, State, and Territorial regulatory, policy, and technical developments. In January 2020, the ASTSWMO Board of Directors adopted the CEC Steering Committee Charter, which outlines the purpose, objectives, membership, and potential activities for the Steering Committee.
The Board selected Steve Sliver (Michigan EGLE), Chair, and Tracie White (Colorado DPHE), Vice-Chair, to lead the formation and initial activities of the CEC Steering Committee. ASTSWMO sent a request for interested members to join the Committee to members from all waste programs and will be notifying members of selections in late February and early March. The Steering Committee will provide additional information about the new team and its planned activities to the ASTSWMO membership during the ASTSWMO Mid-Year Meeting on April 29, 2020. The Steering Committee will also recommend research projects and training activities for ASTSWMO Subcommittees, Focus Groups, and Task Forces to execute regarding CECs.
For additional information or questions about the Steering Committee contact Charles Reyes, ASTSWMO staff.