Fiscal Year 2009 End-of-Year Report - fortress.wa.gov · Fiscal Year 2009 End of Year Report ... Completed = 46 Comment: The IGC visits completed this fiscal year included visits

Fiscal Year 2009 End-of-Year Report

RCRA Performance Partnership Agreement (PPA) for the Hazardous Waste and Toxics Reduction Program, Nuclear Waste Program, and Industrial Section

September 2009 Publication no. 09-04-033

Publication and Contact Information This report is available on the Department of Ecology’s website at www.ecy.wa.gov/biblio/0904033.html For more information contact: Hazardous Waste and Toxics Reduction Program P.O. Box 47600 Olympia, WA 98504-7600 Phone: 360-407-6700

Washington State Department of Ecology - www.ecy.wa.gov

o Headquarters, Olympia 360-407-6000 o Northwest Regional Office, Bellevue 425-649-7000 o Southwest Regional Office, Olympia 360-407-6300 o Central Regional Office, Yakima 509-575-2490 o Eastern Regional Office, Spokane 509-329-3400 To ask about the availability of this document in a format for the visually impaired, call the Hazardous Waste and Toxics Reduction Program at 360-407-6700. Persons with hearing loss can call 711 for Washington Relay Service. Persons with a speech disability can call 877-833-6341.

Fiscal Year 2009 End of Year Report

RCRA Performance Partnership Agreement

for the Hazardous Waste and Toxics Reduction Program, Nuclear Waste Program, and Industrial Section

Washington State Department of Ecology Olympia, Washington

This page is purposely left blank

Table of Contents Hazardous Waste and Toxics Reduction Program ........................................... 1 Pollution Prevention and Regulatory Assistance Section – Permits Group ....................... 1 Central Regional Office ............................................................................................................ 2 Inspections ...................................................................................................................................................2 Permitting .....................................................................................................................................................3 Corrective Action .........................................................................................................................................4 Eastern Regional Office ........................................................................................................... 5 Inspections ...................................................................................................................................................5 Southwest Regional Office ...................................................................................................... 6 Inspections ...................................................................................................................................................6 Permit Modifications and Renewals ............................................................................................................7 Closure Plan Reviews ..................................................................................................................................7 Post-Closure Plan Reviews ..........................................................................................................................7 Permitting, Closure, Post-closure and Corrective Action Work ..................................................................7 Northwest Regional Office ..................................................................................................... 12 Inspections .................................................................................................................................................12 Permitting, Closure, Post-closure and Corrective Action Work ................................................................13 Nuclear Waste Program .................................................................................... 18 Inspections .................................................................................................................................................18 Inspection Detail ........................................................................................................................................18 Permitting, Closure, Post-Closure ..............................................................................................................19 Industrial Section ............................................................................................... 20 Inspections .................................................................................................................................................20 Permits .......................................................................................................................................................21 Closure/Post Closure ..................................................................................................................................21 Corrective Action .......................................................................................................................................21 Appendix ........................................................................................................... 23 RCRA Enforcement Data for Fiscal Year 2009 ........................................................................................23

1

HWTR Pollution Prevention and Regulatory Assistance (P2RA) Section – Permits Group

Philip Services (now Burlington Environmental LLC) Tacoma Assisted Southwest Regional Office (SWRO) on one permit modification request. Granted a six-month extension for the permit renewal application. Received the permit renewal application in May 2009. Began work on the completeness review. Met with Ecology’s Solid Waste Program and Tacoma Pierce County Health Department and discussed the solid waste permitting options. Philip Services (now Burlington Environmental LLC) Kent Assisted Northwest Regional Office (NWRO) on one compliance report. Completed two permit modifications. Received the permit renewal application in August 2008. Conducted the completeness review and began detailed review of the application. We are working with the facility to modify and complete the application. Conducted one site inspection to review the stormwater collection system. Emerald Services, Inc. Assisted SWRO on one compliance inspection, one compliance report and one permit modification. Performing a detailed review of the permit application and working with the facility to modify and complete it with public notice expected in December 2009. US Navy, Keyport Assisted NWRO on a compliance inspection and provided input on the resulting compliance report. Completed a permit modification request. Bonneville Power Administration (BPA) Ross Complex Assisted SWRO on one compliance inspection and provided input on the resulting compliance report. Bay Zinc Worked with Central Regional Office (CRO) and drafted an options paper outlining the operating permit renewal and the corrective action permit pathways. Performed one site visit to discuss the options with Bay Zinc. Standard Permit Conditions Worked with the Environmental Protection Agency (EPA) and ORC to develop and complete standard conditions for HWTR dangerous waste management permits. Univar Kent Provided public notice on the draft CAP and Agreed Order. Reichhold/SSA Container Facility Provided public notice on the proposed cleanup action plan, consent decree, and modified DW permit to fulfill corrective action. PSC/Georgetown Provided public notice on an update to the community and public officials regarding the status of monitoring, sampling, and beginning preparation of draft cleanup action plan.

2

GE/Dawson Street Provided public notice on the Agreed Order re-draft cleanup action plan and SEPA documents. Fort Lewis Provided public notice on the cleanup action plan and SEPA checklist. HWTR Central Regional Office Inspections

Mandated Treatment, Storage and Disposal (TSD) inspections

Commitment = 1 Completed = 1

Comment: A Compliance Enforcement Inspection (CEI) was completed at Bay Zinc in September

2008. Bay Zinc is not operating as a TSD and generates waste as a Conditionally-exempt Small Quantity Generator (CESQG). The Washington State Department of Ecology (Ecology) has been at Bay Zinc observing corrective action activities.

LQG CEIs


Comment:

State Priority visits


Comment: 26 evaluations at non Large Quantity Generator (LQG), notified sites

• 0 LQG Follow-up Compliance Inspections (FCI) • 11 MQG CEIs • 5 CESQG CEIs • 2 XQG (generators with an active ID number that report they are not generating waste) CEIs • 0 MQG FCIs • 2 CESQG Compliance Assistance visits (CAVs) • 3 XQG CAV • 1 CESGQ FCI • 1 CESQG Compliance Schedule evaluation (CSE) • 1 CESQG SNN (facilities that no longer show significant non-compliance)

3

New Notifier (NN) visits


Comment:

Increased Generator Contact (IGC) visits in CRO:

Commitment = 0 Completed = 30 auto recyclers/mercury switch campaign

Comment: Commitment met

Delinquent Annual Report (DAR) visits


Comment: Although no site visits were conducted, delinquent reporters were contacted by telephone.

Other state site visits


Comment:

Inspection Summary - CRO site visits:

Commitment = 36 Completed = 31 Resource Conservation and Recovery Act (RCRA) notified (TSD, LQG and state priority) 30 Auto recycler visits in CRO 85 Auto recycler visits in other regions 40 Complaint response actions _____________________________________________________ Total = 222 site visits

Permitting

Yakima Training Center (YTC):

• Closure has been completed for the Open Burn/Open Detonation (OB/OD) unit (the only permitted unit at YTC). However, the permit cannot be terminated until corrective action is complete for the entire facility. It is anticipated the facility will implement a RCRA corrective action-only permit in 2009.

4

Kronos Micronutrients (formerly Bay Zinc): • Kronos’ current dangerous waste permit has expired.

• Although Kronos is not conducting RCRA regulated activities at this time, the permit cannot be terminated because groundwater contamination is present.

• Ecology and Kronos have been discussing the option of renewing the permit (for ‘potentially anticipated’ waste feedstock) or closing the unit and implementing a corrective action only permit.

• This facility has approved controls in place for the Government Performance and Results Act (GPRA) operating permit baseline.

Cameron Yakima, Inc: • No change in site status from last year.

• Memo sent to CRO Central Files stating that site is closed, permit denied, etc. Data entry has not yet been done to reflect this.

• This facility has approved controls in place for the GPRA post-closure baseline.

Corrective Action

Yakima Training Center: • The Army has completed investigation and voluntary cleanup at all but one site at this 324,000 acre

facility. A RCRA Corrective Action Completion Report has been submitted. This report is a summary of historical record review, investigation, and cleanup actions at every potentially contaminated site (115) identified in the 1993 RCRA Facility Assessment report.

• The Land Use Control Plan describing future management protocols for eight sites needing institutional controls has been finalized and accepted by Ecology.

• Groundwater sampling continues for two contamination plumes.

• A multi-phased investigation of the May 2008 fuel spill at the POL facility revealed soil contamination beneath the concrete fueling pad. The monitoring well installed nearby has not contained water, but continues to be checked periodically. The Army will likely propose institutional controls to manage the contaminated soil in place.

• During 2007-2008 five sites underwent historical record review, site investigation work plan development, sampling and reporting. No further action has been requested for these sites and cleanup is considered complete.

• The “Human Exposure” environmental indicator (EI) determination was completed in 2009.

• The “Groundwater Migration Under Control” environmental indicator determination was completed in 2009.

5

Bay Zinc: • Institutional controls have been implemented. The site continues to conduct long term groundwater

monitoring.

• The “Human Exposure” environmental indicator determination is complete.

• The “Groundwater Migration Under Control” environmental indicator determination is complete.

Cameron Yakima, Inc. • No change from last year.

• The “Human Exposure EI” determination remains current.

• The “Groundwater Migration is Controlled EI” determination remains current. HWTR Eastern Regional Office

Inspections

LQG CEIs: Commitment = 5 Completed = 12

State Discretionary/State Priority visits: Commitment = 12 Completed = 52

Comment: Completed visits includes - 9 Medium Quantity Generators (MQG) CEIs, 12 CESQG CEIs, 4 CAVs, 3 Case Development Inspections (CDI)s, 6 Follow-up Inspections (FUI)s, 1 FCI); and 17 complaint site visits

Increased Generator Contact visits: Commitment = 60 Completed = 46 Comment: The IGC visits completed this fiscal year included visits to several veterinary clinics.

Delinquent Annual Report visits: Commitment = 0 Completed = 0

6

HWTR Southwest Regional Office The following is a brief summary of the exceptions to the negotiated PPA workload, and the enforcement actions that occurred in FY 2009. Work that was completed as targeted was not discussed. Enforcement and other additional items not referenced in the PPA are added as appropriate. Inspections

TSD Inspections 10/28/08 BPA Ross

Commitment = 3 3/16/09 BPA Ross Completed = 3 4/16/09 Emerald Services

We committed to inspect Burlington Environmental/PSC-Tacoma, however the lead inspector for that facility has been serving as Acting Unit Supervisor since February 2, 2009. In addition to those extra duties, the lead inspector was involved in a settlement negotiation that included the PSC-Tacoma facility during the February to June 2009 time period. Resource limitations didn’t allow for an inspection. LQG CEI’s Commitment = 25 Completed = 31

Increased Generator Contacts Commitment = 30 Completed = 189

State Priority Inspections (SPI’s) Commitment = 40 Completed = 32

Delinquent Annual Reporter Visits Commitment = 10 Completed = 0

New Notifier Visits Commitment = 20 Completed = 7

Other State Site Visits Commitment = 0 Completed = 39

Delinquent Annual Reporter Visits Commitment = 10 Completed = 0

Total State Discretionary Facility Site Visits Commitment = 100 Completed = 267

Note: The Urban Waters Program includes inspections of sites not previously inspected. Approximately 189 of these state discretionary site visits are those that SWRO staff completed at businesses that had not previously notified and often had never been visited. The remainder includes the normal complaint and outreach visits that the Ecology compliance staff normally complete. We didn’t meet the commitment for the State Priority Inspections, however, we inspected six more LQGs than planned, processed four enforcements and negotiated two settlements. Additional workload involved calling in the part of the penalty that was held in abeyance due to violations. They appealed and we had to renegotiate a settlement. In addition, we prepared and negotiated a Stipulated Order and Penalty with Philip Services during FY2009). All this occurred while being down one compliance staff person for the entire period and down one senior inspector from February 2009 through June 2009.

7

Permit Modifications and Renewals SWRO’s projected work on the Emerald and PSC-Tacoma Permit renewals occurred during FY 2009. In addition, we projected a Class 2 permit modification for Emerald, but that did not occur. Closure Plan Reviews 1. PRSI – Closure Plan reviewed and comments sent back to facility. Expect to finalize in next few months. Post-Closure Plan Reviews 1. International Paper (WAD01074597) Planned Milestone: Review final version of post-Closure Plan for the Treated Wood Products (TWP) Area. Instead of the post-closure plan for the TWP Area, staff focused on review and comments on the draft RI/FS report for the Maintenance Facility Area (MFA). Ecology sent International Paper comments on the RI/FS report to International Paper in March 2008. Staff is currently reviewing a sampling and analysis plan for additional investigation in the MFA. Field work is scheduled to start in September.

Permitting, Closure, Post-closure and Corrective Action Work Closure FY09 Commitment Exception

(status at end of 2009 FY) Petroleum Reclaiming Service, Inc. WAD980511729

Oversight during implementation of approved closure plan, including inspections, review of closure certification, and closure verification.

Compliance staff responded to two major spills at the facility. Facility did not move to a new location so closure activities did not occur. Staff completed the closure plan and a sampling and analysis plan for soil sampling after tank farm removal. A draft closure cost estimate was submitted in June 2009 and is under review.

Petroleum Reclaiming Service, Inc. WAD980511729

New siting & design oversight. Facility did not move to a new location so this activity was not necessary.

Petroleum Reclaiming Service, Inc. WAD980511729

Review New Closure Plan. Facility did not move to a new location so this activity was not necessary.

Post Closure FY09 Commitment Exception (status at end of 2009 FY)

International Paper WAD01074597

Review final version of post-Closure Plan for the Treated Wood Products (TWP) Area.

The post-closure plan for the TWP area is on hold until completion of the draft RI/FS for the MFA (see description for International Paper under Site-Specific Corrective Action below.)

8

Permitting, Closure, Post-closure and Corrective Action Work, continued

Site-Specific Corrective Action

FY09 Commitment Exception (status at end of 2009 FY)

International Paper WAD010745971

Oversee additional investigation in Maintenance Facility Area (MFA) and review revised RI/FS report for MFA.

Soil and groundwater sampling occurred in September 2008. A work plan for assessing the potential for vapor intrusion (VI) inside the Port of Longview's maintenance building is under development and sampling is planned for November 2009. Development of the VI work plan has required significant coordination with the Port of Longview, the property owner of the MFA. Submittal of the RI/FS report for the MFA is on hold until indoor air is sampled and certain regulatory issues are resolved.

Negotiate draft agreed order attaching CAP for MFA and post-closure plan for TWP Area.

Negotiation of the draft agreed order is on hold until completion of the draft CAP for the MFA and the post-closure plan for the TWP Area. Staff reviewed and conditionally approved site development proposed by the Port of Longview in a portion of the TWP Area so that it did not interfere with remedy constructed the TWP Area in 1997.

Philip Services/ BEI Tacoma WAD020257945

Work with the Toxics Cleanup Program (TCP) to draft agreed order for the Taylor Way and Alexander Fill Area.

TCP does not plan to start to draft the agreed order until October 2009.

Philip Services/ BEI Washougal WAD0923002500

Negotiate and oversee additional field work as part of the data gap investigation. Results of the field work will be included in RI/FS report scheduled to be submitted in 2009.

Additional field investigations were completed in September 2008 and April 2009. Facility is developing a risk assessment of contamination in nearby Stiegerwald March. Facility is on schedule to submit draft RI/FS report in December 2009.

Reichhold/SSA Marine WAD09252891

Guide the CAP through the public comment process and complete negotiations on a CD. Respond to comments, set up public meeting, and deal with EPA.

CAP and Public Comment process completed.

Implement ground water compliance plan. Oversee field work (installation of monitoring wells, slug testing) and evaluate monitoring data.

Ground water monitoring compliance system installed.

9




Reichhold/SSA Marine WAD09252891

Review and comment on the development of soil removal work plans for the former PCP plant area, the Butylphenol Process Area, and the HCL Pond.

Initial comments sent provided SSA Marine.

Cascade Pole and Lumber Company WAD 008958357

Guide the CAP through the public comment process and complete negotiations on a CD. Respond to comments, set up public meeting, and deal with EPA.

RI/FS needs revision. A revised RI/FS not submitted to Ecology until beginning of FY 2010.

Implement ground water compliance plan. Oversee field work (installation of monitoring wells, slug testing) and evaluate monitoring data.

A revised RI/FS will be submitted this FY.

Fuel Processors WAD 087462503

Review and provide comments on draft feasibility study. Approve a final FS.

This work was contingent on the RI finding little to no contamination. The RI detected considerable soil and groundwater contamination. Therefore, another phase of RI is needed. Also, Ecology will collect ground water samples with FP’s consultant to identify Shell Oil Co., a previous owner. that it is a PLP. The determination will be based on credible forensic chemistry evidence that it was responsible for releases of gasoline at the site.

Guide the CAP through the public comment process and complete negotiations on a CD. Respond to comments and set up public meeting.

Due to the amount of contamination discovered at the site a FS and CAP were not attempted.

Implement the CAP. CAP not written due to delays in completing RI and FS.

Occidental Chemical WAD009242314

Evaluate Remedial Alternatives. Due to delays in model development and calibration, the remedies were not evaluated.

10




Occidental Chemical WAD009242314

Potential oversight of field work pertaining to additional pH pilot studies or other remedial alternative feasibility testing.

Oversight of pH pilot testing was completed.

CAMP related work. Will probably involve review of monitoring reports and field oversight of monitoring well sampling and slug testing.

CAMP revisions completed.

Transfer soil and ground water sampling data to EIM.

Process started but not completed due to continued disagreements with Occidental over the adequacy of the draft characterization report and the potential need for additional characterization.

Comment on the draft Characterization Report.

Preliminary draft Site Characterization report was submitted and partial comments by Ecology/EPA were provided Occidental. Eight months of negotiations, including a formal ADR process with Port of Tacoma over their development plans at the site delayed completion of report review. Ongoing disagreement over site stratigraphy and level of characterization of the site continue to delay completion of this task.

Scheduled pH studies by Occidental took longer than anticipated but were eventually completed. To date the injection study has been unsuccessful. The agencies are reviewing scientific literature for remedies that would lower the pH of ground water and are waiting for the final pH pilot study report..

Review and comment on development and calibration of 3D model.

Process disagreements and technical problems in model development and calibration have delayed the development of the 3D model. Occidental is resisting the completion of a model uncertainty analysis that will involve the development and calibration of alternative models.

Detailed evaluation of remedial alternatives for groundwater and sediments.

A detailed evaluation of remedies is contingent on 3-D model completion and calibration. The agencies and Occidental disagree on the need for performing an uncertainty analysis of the model. The agencies feel this is critical for remedy evaluation. (See above)

11




University of Washington (Arrcom) WAD980664718

Review two technical memoranda with results of respective two Howe plume monitoring events currently scheduled for July and October 2008.

Waiting for UW submittal of last technical memo - anticipate remedy options will be included. (The last memo wasn't sent until 8/09 & included remedy options that will be further developed in the draft Supplemental Feasibility Study - see below).

Review and comment on draft Supplemental Feasibility Study for Howe and Williams parcels.

Waiting for UW submittal of the draft Supplemental Feasibility Study for the Howe and William parcels.

Fort Lewis WA9214053465

Review and provide comments on initial and revised drafts of Feasibility Study Work Plan and Feasibility Study and issue approval of Feasibility Study Work Plan and Feasibility Study.

An initial draft Feasibility Study reports was reviewed and commented on. An additional draft FS report was requested. Ft. Lewis still needs to provide a terrestrial environmental evaluation (TEE) work plan, conduct the study and submit a draft TEE report that is incorporated into a draft Feasibility Study (FS) before the FS can be reviewed and approved.

Review and comment on monitoring reports for munitions impact areas.

Rdx levels have increased in the last two monitoring events. Review & comment of the monitoring reports will continue. (Rdx is potentially an issue and further research is needed. If it is, then it will be an issue for the future administrative mechanism.)

12

HWTR Northwest Regional Office Inspections

TSD Inspections Commitment = 2 PSC-Kent 4/24/09 (by EPA) Completed = 1 NUWES-Keyport 8/7/08

LQG CEI’s Commitment = 50 Completed = 61

State Priority Inspections (SPI’s) (defined as MQG’s, CESQG’s, DAR, NN)


Delinquent Annual Reporter site visits Commitment = N.A. Completed = 24

New Notifier site visits


Total NWRO site visits


Work accomplished exceeded targets for LQG’s and State Priority Inspections. Declining economic conditions reduced the number of new notifiers to educate. Significant work for TSD facilities and technical assistance site visits was also accomplished in FY2009.

13

Permitting, Closure, Post-closure and Corrective Action Work Facility # Facility Name Region Target RCRIS

Milestone for FY2009

Ecology Hours

EPA Hours

Total Hours

Comments

Permitting, Closure, Post-closure, and Corrective Action work in FY2009 Revised April 11-2008

III. Permitting and Closures

A. TSD Operating Permits: Active "Part B", Part "A", and Permit Modifications Work (application review, NODs, appeal negotiations, etc.)

Northwest EnviroService NWRO CL360 75.0 75.00 Byung Maeng - review and comment on the CMS report and closure report.

Oeser Company NWRO CL360 75.0 75.00 Byung - review of the closure certification and the supporting documents.

WAD991281767 Philip Services - Kent

NWRO (Support HQ on RCRA Permit Renewal)

0.0 0.0 Robin Harrover - No time spent on the corrective action portion of the Permit Renewal in FY09.

WAD 000 812 917 BEI - Terminal 91

NWRO CA permit/order development in-place-of RCRA Permit

65.0 65.00 Galen Tritt - This work is still on-going. Moving toward public notice and finalization in FY10.

WAD 00081 2909 BEI (PSC)-Georgetown

NWRO CA permit/order development in-place-of RCRA Permit

160.0 160.00 Ed Jones – Work was conducted during this period, and the work is still ongoing. Goal is to solicit public comment on the documents in the 2nd qtr of FY10.

Total Funding for TSD Operating Permits

524.0 524.0

14

Permitting, Closure, Post-closure and Corrective Action Work, continued B. TSD: Site-Specific Closures HWFI Closures NWRO CL310-CL360

Variable based on specific facility.

120.0 120.00 Hideo Fujita- Basin Oil update: CL310 Plan received 10/2005, CL360 Plan pending interim site cleanup work. Site under HWTRP enforcement action (issued on 11/28/2008) at this time. Marine Vacuum update: CL310 Plan received 10/13/2006, CL360 Plan in review. Expected completion 10/30/2009.

HWFI Closures NWRO CL310-CL360 to modify Dale Lane plus final closure for Railroad Ave.CL 370, CL 380

65.0 65.00 Galen - The modified Hallmark Refining Dale Lane site closure plan was put on hold due to section priority shifts. The final closure certification for the Hallmark Refining Railroad Ave site was accepted as complete by Ecology on 8/18/08.

Total Payment for Closure Work

185.0 0.00 185.00

C. TSD: Site-Specific Post-Closure Work.

Total Funding for Post-Closure Work

0.0 0.00 0.00

Total Hours for Permitting, Closure, and Post-Closure

709.0 0.0 709.0

IV. Corrective Action A. TSD: Site-Specific Corrective Action Work.

WAD 000 812 917 BEI - Terminal 91

NWRO CA 195/200 RFI progress reports; receive and approve draft FS report; CA260 CMS draft workplan submittal

475.0 475.00 Galen- Draft FS received but approval delayed; to be completed in FY10.

15

Permitting, Closure, Post-closure and Corrective Action Work, continued A. TSD: Site-Specific Corrective Action Work.

WAD991281767 BEI - Kent

NWRO CA 300, CMS Workplan Approved

363.0 363.00 Robin - BEI Kent is conducting one more round of RI Field work in response to Ecology review of Final RI. The Draft CMS Workplan expected 3rd quarter of FY2010 (CA 260).

WAD941337130 Boeing Auburn

NWRO CA 300, CMS Workplan Approved

475.0 475.00 Robin - Boeing Auburn is conducting another round of RI Field Work in response to Ecology review of Final RI. The Draft CMS Workplan expected 3rd quarter of FY2010 (CA 260).

WAD 093639946 Boeing DC

NWRO CA 100 Oversee VCP

150.0 150.00 Byung - Oversight work continued during this period.

WAD009262171 Boeing Renton

NWRO CA 400 Remedy selection/CM Imposed

300.0 300.00 Byung - CAP negotiation ongoing. Work to continue through FY10.

WAD009262171 Boeing Renton

NWRO CA450 CM design approved

250.0 250.00 Byung - CAP negotiation ongoing. Work to continue through FY10.

WAD009282302 Rhone-Poulenc

NWRO CA assistance to EPA

50.0 50.00 Byung - Assistance continued during this period.

WAD076655182 BSB Diversified

NWRO CA330 CMS Implementation Begun (Note: wrong code listed (CA350))

650.0 650.00 Hideo - CA200 RFI approved 7/14/08, CA300 CMS Work Plan approved 7/14/08, CA330 CMS implementation began 9/1/2009, CA725 Groundwater protection Environmental Indicator -YES 8/5/09, CA750 Human Health EI - YES 8/5/09.

WAD045256971 Hexcel Corp. Structures

NWRO Note: Wrong description listing. No RCRA Info codes used to track this site.

250.0 250.00 Hideo - Hexcel under a MTCA Enforcement Order (EO) number DE1245. Hexcel & Ecology currently in dispute resolution. Hexcel working on their Focused Remedial Investigation phase of the EO.

16


WAD009256819 Boeing Plant 2

NWRO CA270 CMS Workplan Review and Modification

50.0 50.00 Hideo - CA technical assistance to EPA continued.

WAD 00081 2909 BEI (PSC) - Georgetown, and three related MTCA sites located west of 4th Ave. S.

NWRO CA450, cleanup design approved (for the PSC site east of 4th). For contam west of 4th: CA150 and RIs initiated.

915.0 915.00 Ed – Work continued on the east-of-4th CAP during this period. The east-of-4th CAP has yet to be finalized so no Design documents have been submitted. Goal is to finalize CAP so that Design documents are due no later than the 4th qtr of FY10.

WAD 009278706 GE Aviation NWRO CA250/260/300/330/340/350 Uplands CMS Imposed,Workplan Received, CMS Imple-mented, CMS Report Received, CMS Approved

250.0 250.00 Dean Yasuda - CA350 CMS report received, but approval postponed till 2010; other tasks done.

WAD041585464 Boeing Everett

NWRO CA190 Finalize and Approve Upland and Powder Mill Gulch Trichloro-ethylene (TCE) Groundwater (GW) RFI

150.0 150.00 Dean - CA190 RFI report not finalized due to installation of necessary additional GW wells for RI to characterize a bigger than expected TCE groundwater plume, Time was spent on plan review and oversight during this period. RFI approval postponed to 2010.


NWRO CA180/195 Monitor and Complete Interim Actions for TCE GW Remediation

250.0 250.00 Dean - Electro resistance heating interim action completed, but enhanced bioremediation on-going.

17



NWRO CA190 Sediment and Uplands RFI final-reviewed, revised and finalized

150.0 150.00 Dean - CA190 RFI report not finalized yet due to additional sediment sampling and characterization of offsite contamination, Time was spent on sampling plan review and oversight during this period. RFI approval postponed to 2010.


NWRO CA250/260 Uplands CMS Imposed and Workplan Received Reviewed

100.0 100.00 Dean - CMS workplan not received and postponed till 2010 due to CA190 additional work. Time was spent instead on proposals for additional interim actions for off-site contamination.


NWRO CA250/260 Sediment CMS Imposed and Workplan Received Reviewed

100.0 100.00 Dean - CMS workplan not received and postponed till 2010 due to CA190 additional work. Time was spent instead on proposals for additional interim actions for off-site contamination.

CA Policy, CAN, non-site specific CA/CL needs and GPRA EI work

NWRO 369.0 369.00 Byung(50), Ed (25), Hideo (25), Dean (150) Robin (54) Galen (65).

RCRA Assistance to TCP NWRO 155.0 155.00 Byung, Hideo and Dean - RCRA regulatory assistance to TCP cleanup including LDR, AOC, listed waste issue, contaminated media designation and disposal.

Assistance to TCP on state VI Guidance

NWRO 100.0 100.00 Ed - Soil vapor intrusion guidance drafted.

Total hours for corrective action 5552.0 0.00 5,552.00

Total FTES for corrective action

18

Nuclear Waste Program The following is a status of the Nuclear Waste Compliance Team’s progress in completing FY 2009 PPA deliverables. RCRA Info is current for all Hanford dangerous waste inspections. Inspections TSD Inspections

WRAP FCI Completed 6/17/2009 242-A Evaporator CEI Ongoing 7/2009 Puget Sound Naval Shipyard Technical Assistance Visit Completed 6/2009 Energy Northwest Columbia CEI Completed 7/2009

Generator Inspections 2 Site-Wide FCI 10/2009 and 1/2010 AREVA CEI Ongoing 8/2009 SST Inspection CEI Planned for 1/2010

Inspection Detail The NWP-Compliance Group completed one mixed waste generator inspection and two mixed waste TSD inspections in FY 2009 as described below: • Total of three Large Quantity Generator and three TSD inspections were completed on the Hanford

Site in FY 2009. Violations cited as described below.

• Total of two Generator inspections and two TSD inspections were completed of mixed waste facilities off of the Hanford Site in FY2009 (Energy NW sites, Puget Sound Naval Shipyard, Bangor). Violations cited as described below. 1. WRAP (WA7 89000 8967) Violation for failure to provide separate containment for potentially

incompatible wastes [WAC 173-303-400(3)]. Concern regarding open universal waste lamps box. Notice of Concern sent 6/17/09. In building 2620W, universal waste lamps were accumulated in an open cardboard box. WAC 173-303-573(20)(c)(ii) requires universal waste lamps be accumulated in closed containers. Since 1996, Hanford’s Centralized Consolidation /Recycling Center (CCRC) has been managing spent lamps according to an Ecology-approved management plan. The CCRC management plan does not explicitly state that universal waste lamps will be stored in closed containers. Consistency between the requirements of the CCRC management plan and the WAC 173-303-573 requirements for universal waste must be achieved.

19

2. Energy Northwest: Pollution Control Hearings Board (PCHB) NO. 08-052 - Penalty (#5144) for $120,000, was issued on October 4, 2007. PCHB upheld the Penalty, but reduced it to $80,000 in July 2009.

3. AREVA: Inspections at AREVA resulted in some concerns that were resolved as a result of discussions between NWP and AREVA staff. Issues of concern were: personnel training, condensate and blow down water; and possible polychlorinated biphenyls (PCBs) in paints used in the paint shop. All issues have been resolved.

Permitting, Closure, Post-Closure RCRA Info: In preparation for re-issue of the Hanford Facility Dangerous Waste Permit, Rev. 9, permit writers and enforcement specialists have been submitting data for entry into RCRAInfo.

Revision 9 – Re-issue Permit Re-issue of the Hanford Facility Permit has been slower than expected. There will be approximately 38 unit groups in the new Rev. 9. A draft permit is expected to be out for public review by the middle of December 2009. Many unit groups are completed and are undergoing EPA and Ecology legal reviews.

The introduction, glossary, list of attachments, definitions, and acronyms are complete. The Part I Standard Conditions and the Part II General Facility Conditions are going through EPA and Ecology legal review and are expected to be complete by the end of September 2009, but can have additional conditions added if necessary. There will be approximately 38 TSD unit groups contained in the permit. Six units have been completed, seven units are 95% complete, eleven units are 80% complete, and fourteen remain in various stages of development. Groundwater conditions are undergoing EPA and Ecology discussions.

Energy Northwest Ecology forwarded a letter to Energy Northwest, Columbia Generating Station (CGS) on July 14, 2009 approving the closure of their Mixed Waste Storage Facility (MWSF). The reasoning for closing the facility was due to CGS determining that they no longer needed a permitted facility to manage their mixed waste. From this point forward, CGS will manage their mixed waste in 90-day storage areas and satellite accumulation areas. The Washington State PCHB upheld a penalty issued to Energy Northwest by Ecology for waste management violations, but reduced the amount to $80,000 following an administrative review. In October 2007, Ecology issued a $120,000 fine and an Administrative Order to Energy Northwest for failing to properly identify, designate or label hazardous wastes at its Columbia Generating Station. In March, the PCHB upheld the violations outlined in the penalty. But the PCHB did not determine whether the $120,000 penalty assessed for these violations was reasonable. Ecology and Energy Northwest disagreed over the nature and seriousness of the identified violations. In the final Order announced in July 2009, the PCHB recognized Energy Northwest’s prior record and its effective response to the penalty inspection findings, and reduced the amount of the penalty from $120,000 to $80,000. Ecology inspectors conducted follow-up inspection at Energy Northwest’s Columbia Generating Station and found that the violations have been addressed.

20

AREVA NP Inc. Ecology has written a draft permit and has completed Ecology and EPA reviews. The draft permit is currently being reviewed by AREVA. The draft permit is expected to go out for a 45-day public review period. Estimation for issuance is December 2009.

PermaFix Ecology received a permit re-newal application for Perma-Fix facility in April 2009. Ecology’s completeness review was found to be adequate and is currently in technical review. Based on the completeness review, their current permit was extended until a re-issue permit is completed. Ecology is currently awaiting technical data regarding thermal treatment units.

Puget Sound Navel Shipyard (PSNS) Ecology staff visited the Puget Sound Naval Shipyard (PSNS) on June 30, 2009. The purpose of the visit was to provide technical assistance on issues related to the mixed waste storage facility permit.

Also in June 2009, Ecology NWP submitted their compliance inspection report of the Puget Sound Naval Shipyard (PSNS) mixed waste storage areas to EPA. The NWP was concerned with issues regarding the satellite accumulation requirements in WAC 173-303-200(2) for accumulating over 55 gallons of mixed waste in a satellite accumulation area (SAA) in the 983 Building but decided it was not appropriate at this time because PSNS is actively dealing with this issue on a national level with EPA. Industrial Section

Inspections About half of our inspections were conducted as scheduled. The Tesoro, Sound Refining, Alcoa-Wenatchee, and Simpson inspections slipped due to other workload but should be completed in first quarter FY ‘10. Weyerhaeuser-Cosmopolis was identified as needing an inspection but they have been closed for two years looking for a buyer. There is no activity at the plant so we have taken them off of the inspection list for now. The status of our TSD, LQG, and MQG/SQG inspections for FY ‘09 are as follows: BP - inspection completed 8/27/08 Shell - inspection completed 9/22/08 Tesoro - slipped to 1st quarter FY ‘10 Emerald- Kalama – inspection completed 5/21/08 Sound Refining - slipped to 1st quarter FY ‘10 Alcoa-Wenatchee - slipped to 1st quarter FY ‘10 Boise Cascade-Camas – inspection completed 7/15/08 Simpson - slipped to 1st quarter FY ‘10 Weyerhaeuser-Cosmopolis – closed, looking for a buyer

21

We conducted a number of inspections/site visits at the closed aluminum and magnesium smelters in FY ‘09 to check the progress of cleanups, compliance with applicable closure plans and orders, and general hazardous waste management (Chinook Ventures, Columbia Gorge Aluminum, Evergreen Aluminum, CDC Mead, and NW Alloys).

Permits

Because of other workload, the Industrial Section was not able to follow through on a corrective action plan for the four major refineries’ oily water sewers (OWSs). In FY ’10, the Industrial Section plans to send out letters requesting monitoring and maintenance plans for the refinery OWSs. Implementation of these plans will be required through a MTCA order. ConocoPhillips submitted their RCRA permit renewal application in December 2008. Because of other workload, we have not yet reviewed the application. The goal is to renew their permit by September 2010.

In 2007, Columbia Gorge Aluminum sent us a letter indicating that they did not intend to maintain interim status for their spent potliner containment building. We have been working with them since then to clean close the building (see Closure/Post-closure).

Industrial has been reviewing Shell’s request to extend the capacity of their land treatment field.

In the third and fourth quarters of FY ’09, Industrial worked to update the permitting database for the Industrial Section facilities, spending considerable time searching the files.

Closure/Post-closure Industrial approved clean closure of the SPL building at Columbia Gorge Aluminum in July 2009. We spent considerable time in FY ’09 reviewing the progress of cleanups and closures at several aluminum/magnesium smelting facilities – Chinook Ventures, Columbia Gorge Aluminum, Evergreen Aluminum, and NW Alloys. We have not yet received modifications to Intalco’s closure and post-closure plans regarding the capacity extension for their RCRA landfill.

Corrective Action Emerald Kalama – Industrial approved the final engineering design report and construction drawings for the soil vapor extraction (SVE) system. The installation of the system was completed in April. The system began operating in May. We will continue to monitor operations and review status reports. Lilyblad – We contracted with CH2M Hill to conduct the final cleanup at the site. The engineering report for the design and installation of the treatment system was public noticed in May. State monies will be used to construct the treatment system. We are negotiating a settlement with the liable parties to provide funding to operate and maintain it.

23

Appendix

RCRA Enforcement Data for Fiscal Year 2009 Hazardous Waste and Toxics Reduction Program

Central Regional Office 1. Snokist facility in Sawyer: An ammonia release occurred in June 2008 at the Snokist facility in

Sawyer. A penalty of $10,000 was issued on September 4, 2008 due to violations of WAC 173-303 impacting human health. The site does not have a state/EPA ID #, and was not required to notify.

Eastern Regional Office 1. B & G Farms: Work continued this year on outstanding items of a settlement agreement executed

in August 2006.

2. Goodrich Corporation (Aircraft Wheel and Brake Division): Work continued this year on outstanding items of a Stipulated Order and Penalty executed in January 2007.

3. Additional Enforcement Activities: Significant enforcement development work occurred during this fiscal year in preparation for a penalty to be issued to a metal finishing facility. Penalty is expected to be issued in September 2009.

Northwest Regional Office 1. Argent Chemicals, Inc., Redmond, WA (WAD988468211): An Administrative Order (2768) and

$180,000 penalty (2769) were issued to Argent Chemicals on February 28, 2006. The eleven violations cited included: illegal disposal of hazardous waste; improper management of chemical incompatibles; failure to designate waste; failure to develop a training plan; failure to maintain personnel training records; plus several violations of container management requirements. Argent’s “Application for Relief of Penalty” did contain new information, which resulted in Ecology reducing the penalty to $170,000. Summary judgments upheld nine of the eleven violations cited. A PCHB Stipulation and Settlement was finalized on April 4, 2008, requiring Argent to: pay $140,000 in scheduled payments; complete the outstanding items in Ecology’s Order; and if found to be in arrears on making regular payments be responsible for a total of $150,000 due immediately. Requirements of the Order were completed Q1, FY09. An initial $5,000 payment was received in May 2008 as well as a $9,250 payment in September. However, a downturn in Argent’s revenues led the company to request a hold on any further penalty payments for “10-12 months”. The remaining penalty totals $135,750 plus interest accruing since November 2008. The Attorney General’s Office has continued to pursue a new payment schedule with Argent’s counsel.

24

2. Basin Oil Company, Seattle, WA (WAD988477501): A $41,000 penalty (DE 5101) was issued to Terry Drexler and Basin Oil Company on November 25, 2008. The five violations cited included: failure to provide secondary containment for drums and tanks of used oil; failure to designate used oil tank bottom sludge; storage of used oil for greater than 90 days without a permit; failure of a used oil processing facility to demonstrate financial responsibility; and failure to close a used oil processing facility with an Ecology-approved closure plan. The penalty was appealed.

The appellant has attempted to join MTCA clean-up liability for soil and ground water contamination to this HWTR action. Ecology’s Toxics Clean-up Program has gained access to the Basin Oil property for soil sampling during the course of these discussions. However, we continue to keep the soil remediation issues isolated from the resolution of this penalty. Face-to-face mediation with Mr. Drexler and his counsel was scheduled for August 31 and November 4, 2009.

3. TC Systems, Everett, WA (WAD088722947): An Administrative Order (DE 6459) and $24,000

Penalty (DE 6460) were issued to TC Systems on March 25, 2009. The six violations cited included: illegal disposal of dangerous waste; failure to designate a solid waste; failure to keep dangerous waste accumulated containers closed; failure to adequately label containers of dangerous waste; failure to provide accumulation start dates on containers of dangerous waste; and failure to have a written training plan.

TC Systems failed to appeal the Order or Penalty to the PCHB within the required thirty-day timeframe. Requirements of the Order to develop a written training plan and meet the performance standards for permit-by-rule remain outstanding as of the end of FY09. Collection of the penalty will either be referred to Superior Court by the Attorney General’s Office or sent to Ecology’s contracted collection agency.

4. Industrial Plating Corporation, Seattle, WA (WAD009491200): A $101,000 Penalty (DE 6500) was

issued to Industrial Plating Corporation on May 27, 2009. This action followed the catastrophic failure of a 55,000 gallon dangerous waste tank at the facility in March, 2008. The six violations cited included: failure to conduct tank system integrity assessments; failure to document daily tank system inspections; failure to provide adequate secondary containment; failure to take appropriate spill mitigation and containment actions; discharge of polluting matter to waters of the State of Washington; and accumulation of dangerous waste on-site for greater than ninety days. The penalty was appealed.

The pre-hearing conference on this action is scheduled for mid-September, 2009 with the appellant expressing interest in meeting to discuss settlement options in the same time frame.

5. Burlington Environmental LLC, Kent, WA (WAD991281767): Significant preparatory work for

the issuance of a Stipulated Order and Penalty jointly with SWRO and including the Corporation’s Tacoma facility was conducted during FY09. The action was taken in July, 2009.

Southwest Regional Office 1. Camp Murray: agreed order. 2. K. P. Mcnamara: $20,000 penalty issued and appealed. Hearing set for October 2009. 3. Wholesale Printers/Ermshar: $18,000 penalty issued, appealed then settled. 4. Emerald services: $9,000 penalty paid.

25

Nuclear Waste Program

1. Energy Northwest: The Washington State PCHB upheld a penalty issued to Energy Northwest by Ecology for waste management violations, but reduced the amount to $80,000 following an administrative review. In October 2007, Ecology issued a $120,000 fine and an Administrative Order to Energy Northwest for failing to properly identify, designate or label hazardous wastes at its Columbia Generating Station. In March, the PCHB upheld the violations outlined in the penalty. But the PCHB did not determine whether the $120,000 penalty assessed for these violations was reasonable. Ecology and Energy Northwest disagreed over the nature and seriousness of the identified violations. In the final Order announced in July 2009, the PCHB recognized Energy Northwest’s prior record and its effective response to the penalty inspection findings, and reduced the amount of the penalty from $120,000 to $80,000. Ecology inspectors conducted follow-up inspection at Energy Northwest’s Columbia Generating Station and found that the violations have been addressed.

Industrial Waste Program

No hazardous waste penalties were issued to Industrial Section facilities in FY2009.

Documents

Fiscal Year 2009 End-of-Year Report - fortress.wa.gov · Fiscal Year 2009 End of Year Report ... Completed = 46 Comment: The IGC visits completed this fiscal year included visits