Facility Lead Corrective Action

Opportunitieswith

Union Carbide

RCRA National MeetingMay, 2005

Bob GreavesEPA Region 3

Presentation Goals

Overview of Region 3 Facility Lead Program

Discuss Union Carbide Case Studies

Region 3 Facility Lead Agreements are…

Non-negotiable generic agreements between EPA and the facility

Designed to achieve the same goals as permits & orders

Easy to issue

Non-enforceable

Facility Lead Agreement Goals

Focus on meeting Environmental Indicators

Initiate investigation quickly

Perform Interim Measures

Frequent communication

Less process, more results

Advantages for the Regulator

Save Time No resource intensive

negotiation of enforceable document

No development of findings of fact

No initial creation of administrative record

Get In The Field Field work is initiated

faster

Low Risk Facility is cooperative Order available as fallback

Advantages for the Facility

No negotiation - minimizes legal fees

More control on schedule and budgeting

No stigma associated with order

Gain Agency approval of work

Ability to withdraw from program

Facility Lead AgreementCase Studies

Union Carbide Corporation

A Subsidiary of The Dow Chemical Company

West Virginia Operations

Background

3 West Virginia UCC sites in program South Charleston Facility Technical Center PTO Facility

Facility Lead Agreements for all 3 sites signed December 1999

In alignment with UCC “Focused Approach”

South Charleston

Manufacturing facility located in South Charleston, WV

Began operations in 1925 About 200 acres in size Has handled almost all UCC products Currently specialty chemical production

Technical Center

R&D Facility located in S. Charleston, WV Began operation in 1949 681 acre site (125 developed) Includes R&D laboratories and pilot plants,

engineering, etc. “Technology Park”

Private Trucking Operations (PTO)

Located in Nitro, WV Waste storage & disposal 1942 to 1975 Truck and railcar cleaning 1975 to 1985 Total site about 20 acres Former ponds, drum disposal, landfills Groundwater (and free-phase) recovery

well system in place since 1979

UCC Focused Approach

Prioritize SWMUs/AOCs (high-med-low) Address high priority areas first Proactive approach that addresses real risks

in a more timely manner

UCC Feedback on Facility Lead Program

Flexible - can change direction of work much easier and faster

Uses “good science” to make decisions Allows proactive approach, real problems

addressed faster Meet Environmental Indicators sooner

UCC Feedback on Facility Lead Program

Consistent with “Focused Approach” & “Responsible Care”

Builds credibility with the Agencies and the community

Minimizes costs & legal involvement

UCC Progress Report

Summary of activities completed at the 3 sites since entering into the FLA

Environmental Indicator Status

South Charleston

Activities completed since FLA Community Relations Plan Interim Measures Report Sewer Evaluation RFI Implementation & Report Follow-up RFI Implementation & Report Human Health & Eco Risk Assessments

Technical Center

Activities completed since FLA Community Relations Plan EPA dialog w/ Community Advisory Panel High Priority SWMU RFI & Report Interim Measure to Meet HH EI Offsite Groundwater Investigation Low Priority SWMU RFI & Report Human Health & Eco Risk Assessments

PTO

Activities completed since FLA Interim Measures completed Site Investigation summary Community Relations Plan Additional site fencing to meet HH EI RFI implementation & report Phase 2 RFI implementation & report

Environmental Indicator Status

EI Technical Center

PTO South Charleston

Human Health

Met May 2003

Met September

2002

Projected July

2005

Groundwater Projected

July 2005

Projected June

2005

Projected

August 2005

Win/Win/Win

Do the right thing using good science Protect the environment Get faster results and minimize delay Minimize unnecessary costs Partnership to achieve desired goals

Facility Lead Program Performance

32 facilities currently in the Region 3 Facility Lead Program

2005 baseline facilities – 25

Appx. 10% of Region 3 2005 Baseline

Other facilities - 7

Facility Lead Program Performance

Of 25 Facility Lead Baseline Facilities for 2005

23 have met the Human Health EI (92%)

13 have met the Groundwater EI (52%)

Facility Lead Program Performance

Of 25 Facility Lead Baseline Facilities for 2005

25 are projected to meet the 2005 Human Health EI Goal (100%)

18 are projected to meet the 2005 Groundwater EI Goal (72%)

Summary

Facility Lead Program promotes and allows the “Win/Win/Win” activities

UCC and other industries are committed to the Facility Lead Program

Facility Lead will play a larger role meeting “2020 corrective action vision” in Region 3

For More Information

More information? Visit Region 3 website to find…

Copy of the AgreementCase ExamplesFrequently Asked QuestionsResource Documents

http://www.epa.gov/reg3wcmd/correctiveaction.htm