Iowa DNR Proposes To Formalize Compliance & Enforcement Actions

The Iowa Department of Natural Resources (DNR) is proposing rule making to formalize the variety of informal compliance and enforcement options the DNR may consider in responding to possible violations of environmental statutes, rules, permits, licenses, certifications, and plans. The DNR has been using these or similar procedures for many years, and this rule making process intends to formalize the practice. The DNR is proposing a new administrative rules chapter, Chapter 9A: Compliance and Enforcement Procedures.

The Iowa DNR is requesting public input on an upcoming rule making effort and will collect suggestions or comments from the public regarding the proposed rule making until Friday, November 18, 2011.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Final Health Effects Report On TCE

U.S. Environmental Protection Agency (EPA) has released the final health assessment for trichloroethylene (TCE) to the Integrated Risk Information System (IRIS) database. The final assessment characterizes the chemical as carcinogenic to humans and as a human noncancer health hazard. TCE is one of the most common man-made chemicals found in the environment and is frequently found at contaminated sites across Iowa. TCE can move from contaminated ground water and soil, into the indoor air of overlying buildings (known as vapor encroachment), which is a concern to regulators. TCE toxicity values as reported in the assessment will be considered in:

1. Establishing cleanup methods at the 761 Superfund sites where TCE has been identified as a contaminant


2. Understanding the risk from vapor intrusion as TCE vapors move from contaminated groundwater and soil into the indoor air of overlying buildings


3. Revising EPA’s Maximum Contaminant Level for TCE as part of the carcinogenic volatile organic compounds group in drinking water, as described in the agency’s drinking water strategy


4. Developing appropriate regulatory standards limiting the atmospheric emissions of TCE – a hazardous air pollutant under the Clean Air Act
   

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Derelict Building Grant Program Funds Iowa Property Cleanup

The Iowa Department of Natural Resources – Financial and Business Assistance (FABA) Program has created the Derelict Building Grant Program. The program was established to assist small communities and rural counties in improving the attractiveness and appearance of their jurisdictions by providing them financial assistance to address derelict buildings. In accordance with the statutory requirement on how these funds are to be used the emphasis will be on landfill diversion through the recycling and reuse of building materials.

The eligibility requirements will entail the derelict building be located in a town or unincorporated county area of 5,000 residents or less and require the building to be owned or in the process of being owned by the town or county. The program will provide the following:

100% reimbursement for a certified Asbestos Containing Material (ACM) inspection.
100% reimbursement, not to exceed $5,000, for removing ACM. A 50% cost share is required for those costs exceeding $5,000.
100% reimbursement not to exceed $3,000 for conducting a Phase I Environmental Audit. Applicant is responsible for all costs exceeding $3,000.
50% reimbursement not to exceed $5,000 for conducting a Phase II Environmental Audit.
Building Renovation: If the building is going to be renovated, 50% reimbursement not to exceed $25,000 is available for offsetting costs related to removing materials for reuse, either at the site or offsite, or for recycling. The grant also compensates for the purchase and installation of reused or recycled materials that will be incorporated into the project.
Deconstruction: If the building is going to be deconstructed, 50% reimbursement not to exceed $50,000 is available for offsetting costs related to deconstruction. It is a goal of all deconstruction projects that 30% of the structure by weight be diverted from landfill disposal.
For every additional 10% of landfill diversion by weight above 30% that is documented upon completion of the project, Applicant cost share is reduced by 5% and grant award will increase accordingly. The maximum grant award for deconstruction projects shall not exceed $75,000.

The program is funded by the DNR’s Solid Waste Alternatives Program (SWAP) for the next three years. DNR is partnering with Keep Iowa Beautiful in the application and review process.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Two Iowa Cities Receive US EPA Brownfields Funds

Two Iowa communities will receive grants from EPA Region 7 to clean up hazardous substances at abandoned and underutilized properties. The funding is part of more than $76 million in cleanup and revolving loan funds that EPA is issuing to clean up and revitalize properties across the country.

The two Iowa communities selected to receive Brownfields funding are:
1. Arlington, Iowa, which will receive $200,000 to clean up hazardous inorganic materials at the former Arlington School and,
2. Council Bluffs, Iowa, which will receive $200,000 to clean up the former Katelman Foundry.

These communities were selected from a national list of 214 applicants to address existing brownfield properties.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Environmental Site Investigations UST Clean Up Requirements

The Iowa Environmental Protection Commission has published a Notice of Intended Action to amend Chapter 135, “Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks,” The proposed amendments revise existing rules to include the changes in review procedures and acceptance of reports from certified groundwater professionals on investigation and cleanup of petroleum contamination from underground storage tanks.

In 2010, the Iowa General Assembly enacted legislation in 2010 Iowa Acts, House File 2531, sections 169 to 174, that made changes in review procedures and acceptance of reports from certified groundwater professionals on investigation and cleanup of petroleum contamination from underground storage tanks. A groundwater professional’s site investigation, classification, and corrective action design reports must be accepted unless, within 90 days of receipt, the Iowa Department of Natural Resources identifies material information in the report that is inaccurate or incomplete. From July 1, 2010, through June 30, 2011, the Department has 120 days rather than 90 days to review and comment on the reports.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, conduct environmental assessments, and to develop cost effective compliance programs.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

Class V Injection Wells For Stormwater Control

Class V wells use injection techniques different from those used by other types of injection wells. A typical Class V well is shallow and relies on gravity to drain or inject liquid waste into the ground. There are over 20 different Class V Well types, and some categories include drainage wells used for storm water and agricultural irrigation, and domestic wastewater disposal wells.

Class V storm water drainage wells manage surface water runoff (rainwater or snow melt) by placing it below the ground surface. They are typically shallow disposal systems designed to infiltrate storm water runoff below the ground surface. A Class V well by definition is any bored, drilled, or driven shaft, or dug hole that is deeper than its widest surface dimension, or an improved sinkhole, or a subsurface fluid distribution system (an infiltration system with piping to enhance infiltration capabilities).

Construction and operation of a Class V stormwater drainage well requires a US EPA permit, and potentially additional State and local permits.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Regulatory Compliance Updates - EHS Rule Compliance

Caltha LLP maintains several websites to provide regulatory updates and discussion of current environmental, health and safety topics, as listed below. Interested parties can register to receive automatic notification when a new topic is posted.

SWPPP - Stormwater Pollution Prevention Plans - Stormwater Permits - Stormwater Training
Discussions and comments on stormwater permitting programs in all States, including industrial, municipal (MS4) and construction sites. Topics include general stormwater permits, Stormwater Pollution Prevention Plans, monitoring, training, spill prevention and control, SPCC compliance.

Water Quality Standards - Aquatic Toxicology - NPDES Permit Limits
Discussion of a variety of topics related to State and Federal water quality standards, ambient water quality criteria, sediment criteria, NPDES & site-specific discharge standards, water quality management, aquatic toxicology, aquatic community impacts, and water quality assessment.

Environmental Sustainability - Sustainable Environmental Management Systems
Discussion of sustainability topics, including pollution prevention, waste reduction, material reuse, environmental management systems, product stewardship, and international environmental standards.

Environmental Due Diligence - Site Assessments - Phase I ESA - Environmental Liability
Discussions and comments regarding environmental due diligence, environmental liabilities, CERCLA liabilities, Phase I environmental site assessments, corporate liabilities, environmental compliance liabilities, quantitative environmental liability assessment.

Regulatory Briefings
Regulatory Briefings are published periodically by Caltha to highlight new or proposed regulations on a wide range of environmental, health & safety topics. These briefings are generally 2- to 4-pages in length and provide an overview of the regulations and discuss potential impacts on the regulated community. Participants must sign up to receive an email link to new Regulatory Briefings as they are posted.

Caltha LLP provides expert environmental consultant services in Iowa to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

New CAFO Nutrient Management Plan and Permiting Requirements

In October 2008, EPA finalized a rule helping to protect the nation’s water quality by requiring concentrated animal feeding operations (CAFOs) to safely manage manure. The rule deadline for newly defined facilities to apply for permits is February 27, 2009.

One of the key requirements under the new rules is for a Nutrient Management Plan (NMP) for manure to be submitted as part of a CAFO’s Clean Water Act permit application. Previous rules required a CAFO operator to use an NMP for controlling manure, but did not required the NMP to be submitted with the permit application. The plan will be reviewed by the permitting authority and conditions based on it will be incorporated as enforceable terms of the permit.

The regulation also requires that an owner or operator of a CAFO that actually discharges to streams, lakes, and other waters must apply for a permit under the Clean Water Act. If a farmer designs, constructs, operates and maintains their facility such that a discharge will occur, a permit is needed. EPA is also providing an opportunity for CAFO operators who do not discharge or propose to discharge to show their commitment to pollution prevention by obtaining certification as zero dischargers.

Finally, the final rule includes technical clarifications regarding water quality-based effluent limitations and use of best management practices to meet zero discharge requirements, as well as affirming the 2003 rule requirement for reducing fecal coliform bacteria through the use of best conventional technology (BCT).

Caltha LLP offers expert technical support to wastewater dischargers needing to meet State and Federal discharge requirements. Caltha provides specialized expertise in State and Federal Water Quality Standards.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Website: http://www.calthacompany.com/

New EPA "Definition of Waste" Rule

The US EPA "Definition of Solid Waste" rule went into effect on December 29, 2008. The rule is a hazardous waste regulatory exclusion, intended to streamline the requirements for recycling certain materials, such as sludges, by-products and spent materials. EPA estimates that 1.5 million tons of hazardous secondary materials will be exempted from regulation as hazardous wastes each year under this rule. By removing unnecessary regulatory controls, EPA expects to make it easier and more cost-effective to safely recycle hazardous secondary material.

The rule provides conditional exemptions for:

• materials that are generated and legitimately reclaimed under the control of the generator;
• materials that are generated and transferred to another company for legitimate reclamation under specific conditions; and
• materials that EPA or an authorized state determines to be non-wastes through a case-by-case petition process.

This rule also includes a provision to help determine which recycling activities are legitimate under the new exclusions and non-waste determinations.

It is important to note that in some States, revisions to State Rules may be necessary before waste generators can take advantage of these changes. States can decide whether or not to fold the new Federal rules into State rules.

Caltha LLP assists waste generators in Iowa in developing and implementing effective waste compliance procedures and programs.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Website: http://www.calthacompany.com/