RESOURCE CONSERVATION
and
RECOVERY ACT
(IOWA)
Activities Leading
Into The 1990s
REGION 7
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VII
726 MINNESOTA AVENUE
KANSAS CITY, KANSAS 66101
OFFICE OF
THE REGIONAL ADMINISTRATOR
Dear Reader:
The information contained in the following pages is designed
to help you understand how Region 7 of the U.S. Environmental
Protection Agency regulates hazardous wastes in Iowa. As you may
know, Iowa has presented a unique challenge to Region 7 since the
State Legislature returned management of hazardous wastes under
the Resource Conservation and Recovery Act to EPA in 1985. This
report explains how Region 7 is meeting that challenge, introduces
the people who are doing it, and takes a look at the program's goals
as we enter the 1990s.
In addition to its regulatory responsibilities, EPA also has a
vitally important role as an information resource. Most of the
people, businesses and institutions of this country want to comply
with environmental laws, and we want to help them learn how. This
report will help you understand what we do. If you want to know
more about hazardous waste management, please contact one of the
sources listed at the end of this report.
Sincerely,
a munis Kay
Regional Administrator
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REPORT OF IOWA ACTIVITIES
Background
Management of hazardous wastes is regulated by the U.S. Environmental Protection
Agency (EPA) under Subtitle C of the federal Resource Conservation and Recovery Act
(RCRA). The regulations, which initially became effective in November 1980, were designed
so that they could be incorporated into state hazardous waste management programs.
Most states, including Iowa, have received authorization to implement the RCRA regu-
lations. However, Region 7 has been responsible for implementing the hazardous waste
program in Iowa since the State Legislature returned the program to EPA July 1, 1985.
This report was prepared to provide an overview of the RCRA program in Iowa. The
report describes the organization of the program in EPA and the people who are running the
program on a day-to-day basis. The report also identifies the national goals of the RCRA
program and relates them to the Iowa hazardous waste program. Highlights and summaries
of the accomplishments of the Iowa hazardous waste program during Fiscal Year 1989 (FY89)
are presented.
EPA's Implementation of the RCRA Program in Iowa
Subsequent to reversion of the RCRA program from Iowa in 1985, EPA formed a new
Iowa Section in the RCRA Branch that combined the functions of the other sections, such as
permitting and compliance, into one section that specifically addressed Iowa. There were
originally eight full-time employees in the Iowa Section. The Iowa Section has since grown to
fifteen.
In addition to the Iowa Section, a number of other people are involved in implementing
the hazardous waste program in Iowa. Within the RCRA Branch, other sections provide
necessary support. The Hydrogeologic Section assists in reviewing ground-water monitoring
systems and other activities related to hydrogeology. The Administrative Section supports the
Iowa hazardous waste program by maintaining most of the tracking systems, coordinating
contractors and responding to Freedom of Information Act requests.
Others at EPA outside of the RCRA Branch also provide support in a variety of ways.
The Environmental Services Division provides support in the form of compliance inspections,
complaint investigations, sampling and analysis. Regional Counsel provides legal support for
enforcement actions and permits. Public Affairs coordinates public participation in the
permitting process and responds to inquiries from the news media and the public. Congres-
sional and Intergovernmental Liaison responds to inquiries from elected governmental officials.
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Contractors, when necessary, are used for activities such as inspections, investiga-
tions, sampling, analyses and administrative tasks such as data entry and filing.
The person who has been in charge of the Iowa Section
since it was formed is Luetta Flournoy, Professional Engi-
neer (P.E.). She is responsible for overseeing and imple-
menting the hazardous waste program in Iowa. While not all
of the people involved with the Iowa hazardous waste
program are in the Iowa Section, activities associated with
implementing the RCRA program in Iowa are coordinated
through the Iowa Section to assure that the work in Iowa is
completed.
The Iowa Section is divided into an enforcement unit and a
permit unit. The enforcement unit is primarily responsible for
scheduling inspections and developing formal and informal
enforcement actions in response to violations of the hazard-
ous waste requirements. The permit unit is primarily respon-
sible for reviewing RCRA closure plans and permit applica-
tions. Both units are responsible for corrective action activi-
ties, which consist of monitoring and remediating releases of hazardous waste or hazardous
constituents from facilities subject to RCRA.
Luetta Flournoy
THE ENFORCEMENT UNIT
Standing: Jim Callier, Ruben McCullers, Dick Bowman
Seated: Brian Mitchell, Tony Petruska, Beth Koesterer
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The enforcement unit is led by Jim Callier, environmental engineer. The members of
the unit are environmental engineers Beth Koesterer, Ruben McCullers, Brian Mitchell, Tony
Petruska and Lynn Slugantz and technical assistant Dick Bowman.
The permit unit is led by Harriett Jones, P.E., environmental engineer. The members
of the permit unit are environmental engineers Pat Frey, Ken Herstowski, Don Lininger and
Tran Tran.
Tran Tran provides assistance in areas such as issuance of provisional identification
numbers, biennial report reviews and developing enforcement actions. Clerical and secretarial
support are provided by June Armstrong and Becky Peoples.
a*. - -.
THE PERMIT UNIT
Don Lininger, Ken Herstowski, Harriett Jones
Pat Frey
Inspections are conducted primarily by EPA's Environmental Services Division (ENSV).
ENSV has conducted about 170 inspections in Iowa each of the last several fiscal years.
Contractors have conducted about 50 inspections in Iowa during the last several fiscal years.
ENSV has two RCRA inspectors stationed in Des Moines and an additional four RCRA
inspectors in the Kansas City Regional Office. The inspectors in Iowa conduct inspections in
Iowa. The Kansas City-based inspectors conduct inspections in Iowa and the otherthree states
in the Region. Kansas, Nebraska and Missouri have been delegated authority for RCRA in their
respective states and are responsible for conducting most inspections. EPA oversees the pro-
grams in these states. The number of facilities inspected in Iowa by EPA compares favorably
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with the numbers inspected by Missouri, Kansas and Nebraska. The Iowa hazardous waste
program typically meets or exceeds national inspection criteria.
CLERICAL & SECRETARIAL SUPPORT
June Armstrong, Becky Peoples
Although Iowa has not implemented a hazardous waste program, the State is involved
in other aspects of the hazardous waste management, such as facility siting, generator and
transporter fees and capacity assurance. Also, the Iowa Department of Natural Resources
(IDNR) and EPA have coordinated on a number of activities. Copies of all outgoing
correspondence from EPA regarding the RCRA status of Iowa facilities are sent to the IDNR.
The IDNR refers sites to EPA for review under RCRA, and EPA refers sites to the IDNR for
review under Iowa-run programs.
Accomplishments for FY89
The Regulated Community
The number of facilities regulated under RCRA has increased dramatically since the
program was implemented in 1980. This increase has occurred nationally, not just in Iowa. The
increase can be attributed to at least two major factors.
First, the regulations have changed several times since 1980. Some of the major regu-
latory changes that contributed to the increase in the number of regulated facilities were: the
redefinition of solid waste, effective January 1985; the regulation of small quantity generators
of 100 to 1,000 kilograms of hazardous waste per month, September 1986; and the regulation
of mixed waste (mixtures of radioactive and hazardous wastes), March 1989.
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An upcoming regulation change, tentatively scheduled to be effective in 1990, is a
change in the definition of a characteristic hazardous waste. The characteristic of EP toxicity
would change to a characteristic based on leachability by the Toxic Characteristic Leaching
Procedure (TCLP).
FACILITIES WHICH NOTIFIED
EPA OF
HAZARDOUS WASTE ACTIVITY
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NO. OF FACILITIES
Figure 1
A second factor that increased the number of facilities which notified EPA was Iowa's
prohibition on the disposal of any quantity, including small quantities, of hazardous waste at
sanitary landfills. These facilities had to locate other facilities to handle these wastes, typically
RCRA treatment or disposal facilities. The treatment or disposal facilities often would not ac-
cept the waste until the facilities notified EPA of their activity and obtained EPA identification
numbers.
Another factorthat has contributed to the increase in the regulated community has been
increased awareness by the regulated community of environmental issues, including hazard-
ous waste management. This increased awareness of environmental issues has been brought
about in part by highly visible environmental enforcement actions and remedial activities, edu-
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cational programs such astraining courses and seminars and press coverage of environmental
topics.
In 1980, there were approximately 900 facilities in Iowa that notified EPA they were
involved in the management of hazardous waste. These 900 Iowa facilities included
generators, transporters, and treatment, storage and disposal facilities. Until 1986, only about
300 additional Iowa facilities notified EPA of hazardous waste activity. In 1986, more than 1,600
Iowa facilities notified EPA. Most of these were small quantity generators filing as a result of
the new regulation of small quantity generators. Since 1986, approximately 300 Iowa facilities
per year have notified EPA. Most of these were also small quantity generators.
IOWA UNIVERSE
OF HAZARDOUS WASTE FACILITIES
IN FY 85 & FY 89
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3.000
2.500 -
2.000 -
1.500 -
1.000 -
500 -
TYPES OF FACILITIES
Figure 2
At the close of FY89, regulated facilities in Iowa consisted of about 2,550 small quantity
generators, 600 large quantity generators (generators of more than 1000 kilog rams per month),
360 transporters, 114 treatment and/or storage facilities, 3 incinerators, and 29 land disposal
facilities. Forcomparison purposes, regulated facilities in Iowa in 1985, when the program was
returned to EPA, consisted of about 440 generators, 300 transporters, 76 treatment and
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storage facilities, 4 incinerators (one has since closed), and 16 land disposal facilities. In 1985,
the regulations for the small quantity generators were less stringent, and not as many were
subject to regulation then.
Based upon information provided in biennial reports to EPA, not all of the facilities listed
above may actually be managing hazardous waste. Some of these facilities may have filed
notifications as a protective measure in case they would generate a hazardous waste at some
point in the future.
Another key point regarding the number of Iowa hazardous waste facilities is how many
of the facilities are closing their waste management units. Only about 20 of these facilities are
seeking operating permits for their treatment or storage units, and no facilities are seeking
operating permits for hazardous waste disposal units.
Finally, the universe of regulated facilities is dynamic. The number of facilities subject
to RCRA regulation is expected to continue to increase during the upcoming fiscal year as it
has in the last several fiscal years.
Permitting Activities
There are currently no authorized hazardous waste land disposal facilities operating in
the state of Iowa. To date, 29 land disposal facilities have been identified in Iowa, all of which
are either closed or in the process of closing. To close their land disposal units, facilities must
submit plans to EPA for approval which will demonstrate that all waste has been removed and
the area has been adequately decontaminated, or afacility may close a disposal unit with waste
in place, as a landfill. Landfill closure requires the facility to submit, for EPA review and
approval, a plan for installing a multi-layered coverthat will prevent migration of waste from the
unit and for installating a ground-water monitoring well system which will detect any release
of hazardous waste should it occur.
Thus far, EPA has approved 23 closure plans for land disposal facilities, and two are
expected to be approved in early FY90. Five post-closure permit applications have been
received from those land disposal facilities that are anticipating closure as a landfill with wastes
in place. Processing and issuance of these permits has begun and will extend through FY90
and FY91. The processing and approval of land disposal facility closure plans is a priority
activity for EPA.
All Interim Status land disposal facility permits were required by the regulations to be
issued or denied by November 8,1988. No Iowa land disposal facilities are known to be seeking
a permit at this time.
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Three incinerator permit applications have been received from facilities that have
operated under Interim Status. The regulations required that these permits be approved or
denied by November 8,1989. All three permits were issued by the deadline.
Closure plans for treatment and/or storage facilities also require approval by EPA prior
to implementation by the facility. Closure plans from 37 treatment and/or storage facilities have
been approved by EPA. Closure plans from numerous other treatment and/or storage facilities
are under review.
All treatment and/or storage permit applications had to be submitted to EPA by interim
status facilities by November 8,1988. By that date, EPA had received 15 permit applications.
The regulations require that these permits be approved or denied by November 8, 1992.
Processing and issuance is underway and it is expected that this goal will be met. In addition,
one permit application has been received for a proposed new storage facility. Those
applications which provide additional capacity are being given a priority and are being
processed first. It is anticipated that 16 permits will be approved or denied by November 8,
1992.
Operating permits have been issued to three treatment and/or storage facilities in Iowa.
Five facilities have had their treatment and/or storage permits denied.
The 1984 RCRA amendments require that all hazardous waste treatment, storage and
disposal facilities take corrective action for any release of hazardous waste or constituents into
the environment. As part of this provision, the Agency requires a RCRA Facility Assessment
(RFA) at each treatment, storage or disposal facility (TSDF) to determine if any such releases
are likely to have occurred and, if so, what further investigation and action might be warranted.
The TSDFs have been prioritized based on factors such as the quantity of waste managed, the
relative hazardous nature of the waste, the type of unit in which the waste is managed and any
known information regarding releases to the environment.
Compliance and Enforcement Activities
At the beginning of FY89, there were approximately 39 facilities with significant RCRA
violations, and another 15 were tentatively identified during the year. EPA's national Enforce-
ment Response Policy states that EPA should issue formal enforcement actions with appro-
priate civil penalties for significant RCRA violations. EPA's primary authority to issue formal
enforcement actions is found at Section 3008 of RCRA. Such formal actions will require the
facility to comply with the appropriate regulations and can include acivil penalty of upto $25,000
per day of violation.
Formal enforcement actions are issued for a variety of violations. Some of the types of
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violations that warrant formal enforcement and penalties include treatment, storage ordisposal
of hazardous waste without a permit; failure to manifest hazardous waste shipments to a
designated facility; failure to notify EPA of hazardous waste activity; failure to comply with the
terms of an approved closure plan, permit or order; failure to comply with major operating
requirements such as ground-water monitoring, financial assurances, record-keeping or
reporting requirements; and failure to provide information requested by EPA.
FORMAL ENFORCEMENT
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For FY89, approximately 23 formal enforcement actions assessing a total of $468,241
in penalties were issued under the authority of Sections 3008(a) and (g) of RCRA. Also,
approximately 22 consent orders resolved previous formal actions. EPA assessed orcollected
penalties totaling $219,004 in these final orders.
Besides formal enforcement actions, EPA has issued numerous informal actions during
FY89. Informal actions can include letters of warning, letters of compliance and requests for
information letters. More than 200 of these kinds of letters were issued to facilities in Iowa in
FY89. Request-for-information letters are used to clarify issues or gather information
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necessary to determine a facility's compliance with RCRA. Other informal actions, such as
letters of warning, are primarily used to address minor violations, such as paperwork-type
violations.
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IN FORMAL ENFORCEMENT ACTIONS
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Figure 4
Corrective Action
During FY89, EPA issued the first corrective action order in Iowa under the authority of
Section 3008(h) of RCRA. Section 3008(h) of RCRA, added to RCRA by the Hazardous and
Solid Waste Amendments (HSWA) in 1984, authorizes EPA to require remedial activities at
TSDFs. Remedial activities have been and will continue to be conducted under other
authorities available to EPA, including RCRA closure activities, RCRA permitting and Super-
fund authorities.
In addition, approximately four final orders underthe authority of Section 3013 of RCRA
were issued during FY89. Section 3013 allows EPA to require monitoring, testing or analysis
where the presence of hazardous waste or constituents may present a substantial threat to
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human health or the environment. These activities will determine the need for further action
at the facility.
Reorganization
During FY89, the Waste Management Division of Region 7 was reorganized. This
reorganization had an impact on the Iowa Section. The reorganization created two new
sections within the RCRA Branch, the Hydrogeology Section and the Administrative Section.
The reorganization also created the two units in the Iowa Section, the permit unit and the
enforcement unit.
In the reorganization, the Iowa Section's geologist and administrative assistant were
placed into the new sections. As a result of the reorganization, the overall numberof resources
available to work on Iowa projects increased because other geologists and administrative
personnel will work on Iowa projects.
Future Plans and Goals for FY90
In FY90, the following activities have been identified as the four highest national priority
activities for the RCRA program:
1. Identify and prioritize environmentally significant
treatment, storage and disposal facilities. Address
other environmentally significant handlers on a priority
basis and initiate corrective action and closure
activities at these facilities on a worst-first basis
through an operating permit, post-closure permit,
corrective action order, approved closure plan or
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA or Superfund) action, as appropriate.
2. Process permits for new and expanded facilities,
especially those providing treatment and incineration
capacity; research, development and demonstration
(RD&D); commercial treatment capacity; and pollution
prevention techniques.
3. Work toward ensuring that final permit determinations on
environmentally significant storage and/or treatment
facilities are made by November 1992.
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4. Encourage facility compliance; conduct inspections mandated
by HSWA, the Superfund Amendments and Reauthorization Act
of 1986 (SARA) and Agency policy; and pursue enforcement
against significant violators.
In FY90, the Iowa Section intends to use available resources to the maximum extent
possible in orderto meetthese priorities. High priorities will be placed on the most environmen-
tally significant facilities.
WHERE TO GO FOR INFORMATION
A variety of sources are available to answer your questions regarding waste manage-
ment practices and requirements. The EPA, the Iowa Department of Natural Resources and
the Iowa Waste Reduction Center are a few. EPA and the Iowa Department of Natural
Resources provide information to the public regarding the regulations and requirements each
agency administers. The emergence of the Iowa Waste Reduction Center has added another
valuable source of information to help you understand the requirements for sound hazardous
waste and solid waste management.
If you have any questions about whether or not your wastes are hazardous, if you want
to obtain an EPA hazardous waste identification number or you just want to know which
hazardous waste requirements may apply to you, contact:
U.S. Environmental Protection Agency
RCRA Branch, Iowa Section
726 Minnesota Avenue
Kansas City, Kansas 66101
913-551-7058
-or-
RCRA/CERCLA Hotline (Washington, D.C.)
800-424-9346
202-382-3000
EPA Region 7 also has a toll-free hot line (800-223-0425) for all EPA programs. The hot
line will take messages and relay them to the appropriate program for response.
Under the Freedom of Information Act, you may obtain a copy of most of the information
EPA has on file. A written request specifying the information requested may be sent to the
Freedom of Information Office:
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Rowena Michaels
Freedom of Information Officer
U.S. Environmental Protection Agency
726 Minnesota Avenue
Kansas City, Kansas 66101
800-223-0425
If you have any information or observe illegal or suspicious activities being conducted
concerning any hazardous wastes, contact the EPA at 913-551-7058 or 800-223-0425. If
desired, you may request that your name be held confidential. If confidentiality has been
requested, such information will be protected to the legal extent possible.
The Iowa Department of Natural Resources (IDNR) has several requirements that apply
to people who handle solid and hazardous wastes. These requirements include Special Waste
Authorizations, hazardous waste generation, transport, treatment, and disposal fees, and
regulations developed under the 1987 Ground Water Protection Act. Questions regarding
IDNR's waste requirements should be directed to:
Iowa Department of Natural Resources
900 East Grand
Wallace State Office Building
515-281-5145
The Iowa Waste Reduction Center (formerly the Small Business Assistance Center)
assists Iowa businesses in the management of solid waste and hazardous substances. You
may contact the Iowa Waste Reduction Center at:
Iowa Waste Reduction Center
75 Biology Research Center
University of Northern Iowa
Cedar Falls, Iowa 50614-0185
800-422-3109
Persons at each of the above agencies are available to assist you in achieving or
maintaining compliance with all applicable regulations.
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