1. Facility Lead Corrective Action Opportunities with Union Carbide RCRA National Meeting May, 2005 Bob Greaves EPA Region 3

2. Presentation Goals  Overview of Region 3 Facility Lead Program  Discuss Union Carbide Case Studies

3. 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

4. Facility Lead Agreement Goals  Focus on meeting Environmental Indicators  Initiate investigation quickly  Perform Interim Measures  Frequent communication  Less process, more results

5. 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

6. 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

7. Facility Lead Agreement Case Studies Union Carbide Corporation A Subsidiary of The Dow Chemical Company West Virginia Operations

8. 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”

9. 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

10. 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”

11. 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

12. 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

13. 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

14. UCC Feedback on Facility Lead Program  Consistent with “Focused Approach” & “Responsible Care”  Builds credibility with the Agencies and the community  Minimizes costs & legal involvement

15. UCC Progress Report  Summary of activities completed at the 3 sites since entering into the FLA  Environmental Indicator Status

16. 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

17. South Charleston Next Steps include:  Completion of EIs  Interim Measures  Additional investigation activities

18. 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

19. Technical Center Next steps include:  Meet GW EI  Follow-up investigation of low priority SWMUs

20. 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

21. PTO Next Steps Include:  Additional Interim Measures evaluation  Meet GW EI

22. Environmental Indicator Status EITechnical Center PTOSouth Charleston Human Health Met May 2003 Met September 2002 Projected July 2005 GroundwaterProjected July 2005 Projected June 2005 Projected August 2005

23. 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

24. 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

25. 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%)

26. 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%)

27. 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

28. For More Information  More information? Visit Region 3 website to find…  Copy of the Agreement  Case Examples  Frequently Asked Questions  Resource Documents http://www.epa.gov/reg3wcmd/correctiveaction.htm