NCP Subpart J 40 CFR 300.910

NCP Subpart J 40 CFR 300.910

Microblaze

(augmented bio-remediation of oil spills)

Subpart J applies only to water, right?

• No – 300.900(b)– “…adjoining shorelines…activities that may

effect natural resources belonging to, appertaining to, or under exclusive management of the United States…”

What are “natural resources” in this case?

• Natural resources – 300.5– Land, fish, wildlife, biota, water, groundwater

drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States…any state or local government, any Indian Tribe, or if such resources are subject to a trust restriction on alienation, any member of an Indian Tribe.

Chemical Agents

• Chemical Agent – 300.5– Elements, compounds, or mixtures that

dissolve, disperse, emulsify, etc. Include Biological additives

• Bioremediation Agent – 300.5– Cultures, enzyme additives, or nutrient

additives that are deliberately added to a discharge that will significantly increase biodegradation rate.

EPA’s experiences

• Numerous successes with addition of fertilizers– Is this consistent w/ NCP?– Were the fertilizers on the Schedule? RRT Approval?– Did the NCP contemplate the simple addition of

fertilizers as “chemical agents”?

• At this time, EPA does not believe biological agents are any more effective than natural processes augmented with fertilizers (Nitrogen and Phosphorus addition)

However

• Gilco Transport – FPN E10809– Diesel tanker roll-

over on 9 April 2010– 1,280 gallons spilled

Gilco – stay tuned

• Conducting study, with RRT approval, of Microblaze and Biosolve vs addition of fertilizer and natural attenuation on Loveland Pass – 12,000 feet

• Study commencing July 2nd and running for 2 weeks.

• Best technology will be used to remediate the hillside – 1:1 slope, excavation not possible

Questions?