Regulatory Requirements

The nature of the Indiana Harbor and Canal (IHC) Confined Disposal Facility (CDF) and dredging project is unique in a number of ways and is subject to numerous regulations. The CDF is located on the former Energy Cooperative, Inc (ECI) site, which has open Resource Conservation and Recovery Act (RCRA) status due to its past use as a petroleum refinery and the resulting contamination of soil and groundwater; this aspect will necessitate RCRA closure and corrective actions. Additionally, polluted sediments will be stored within the CDF, a portion of which are regulated by the Toxic Substance Control Act (TSCA). Also, regulatory requirements associated with dredging, as well as those imparted by the Clean Water Act and the Clean Air Act must be addressed. The following is a brief summary of those regulations:

Resource Conservation and Recovery Act

Both the Indiana Department of Environmental Management (IDEM) and the U.S. Environmental Protection Agency (USEPA) have determined that RCRA closure will be required on the ECI site due to soil and groundwater contamination, and thus will be subject to post-closure permitting requirements. Closure/post-closure requirements for the site focus on three main actions: (1) an underground cutoff wall system to contain contaminants, (2) a groundwater gradient control system that will prevent contamination from leaving the site, and (3) an in-place closure cap system to permanently entomb the sediments after dredging is complete. A portion of the in-place closure cap has already been installed on the site, with a final cap being placed after filling of the CDF is complete.

To facilitate the CDF project implementation and to ensure that all regulatory issues, including RCRA corrective action and closure, are being covered the role of the partners is addressed through a Memorandum of Understanding (MOU) between USEPA, IDEM, the Corps, and the East Chicago Waterway Management District. As laid out in the MOU the project coordination includes ongoing engineering evaluation of each project feature by regulatory authorities.

Toxic Substance Control Act

A portion of the site will be isolated and used for the disposal of TSCA level PCB-contaminated sediment. The CDF design incorporates those elements necessary for risk-based TSCA approval and is similar to those necessary for RCRA closure. The TSCA permit is currently in review and will be received prior to any TSCA sediment dredging and placement in the CDF. TSCA dredging is currently not scheduled, and coordination is on-going with USEPA and IDEM regarding TSCA permitting.

Clean Water Act and Related Regulations

The IHC CDF site complies with the “No Exposure Certification for Exclusion from National Pollution Discharge Elimination System (NPDES) Storm Water Permitting” and the terms and conditions of 40 CFR 122.26(g) and the conditions of a NPDES 402 Storm Water Permit. This signifies that all storm water which falls on site will either flow over a clean clay cap which covers the site and into the stormwater ditches, or stormwater will flow into the disposal cells where it will ultimately be treated. In order to effectively minimize activities which would otherwise collect stormwater or cause contaminated water to fall on site, decontamination, debris, and storage pads have secondary containments and drainage systems that ultimately diverts water to a treatment plant.

The IHC CDF site has an NPDES 402 Discharge Permit for authorization to discharge into the waters of the State of Indiana in accordance with Section 402 and 405 of the Federal Water Pollution Control Act and IC-13-15 (NPDES Permit No. IN 0062511). This permit imposes certain effluent limitations for the on-site waste water treatment plant to abide by. The wastewater treatment plant has been in operation since 2007. Treatability studies completed in 1999, 2003 and 2004 indicate that the final effluent qualities following dredging will be in compliance with all applicable standards.

The Corps has received Section 401 Water Quality Certification in April 2011 to cap contaminated sediment from the Indiana Harbor Canal (IDEM No: 2011-017-45-EMP-A). The certification signifies that the project will comply with the applicable provisions of 327 IAC 2 and Section 401 of the Clean Water Act.

An Indiana Department of Natural Resources (IDNR) Floodway Permit was obtained under IC 14-28-1 with 312 AIC 10 and a Lake Michigan Permit under IC 13-29-1 and 312 IAC 6. These permits were received April 27, 2011 (Applicant FW-26069), and cover dredging in Lake Michigan and in the floodway. As part of the project's monitoring program, there will be in-stream monitoring of suspended solids before and during dredging events to evaluate and mitigate the environmental impacts of dredging on aquatic life.

Clean Air Act and Related Regulations

Operations at the IHC CDF site are subject to specific requirements regarding fugitive dust and VOC emission controls as specified in Title 326 of the Indiana Administrative Code (IAC). In addition, activities at the CDF will conform to the Registered Construction and Operation Status (RCOS 089-15320-00471) or Air Registration for the IHC site.

In 2001, an Ambient Air Monitoring Program (AAMP) was implemented by the U.S. Army Corps of Engineers at the IHC CDF site. The AAMP is the overall investigative program to characterize the atmospheric conditions throughout the life of the project. The ambient air monitoring program includes sampling for potential contaminants of concern in air samples in the vicinity of the CDF, including at the East Chicago Central High School, using 24 hour samplers. The results are available through the IHC project website. Historical Results

Compounds of potential concern which are monitored as part of the AAMP include PCBs, metals, particulate matter (PM), volatile organic compounds (VOCs), and polycyclic aromatic hydrocarbons. The ambient air monitoring will continue until and after dredging starts.

The IDEM Air Registration includes limits on VOC and PM emissions (25 tons per year of each) and requirements for the monitoring and reporting of those emissions. Air emissions modeling will be used to estimate the emissions for a given year, including dredging activities, and to demonstrate compliance with the IDEM Air Registration. If the modeling indicates the potential to exceed the annual thresholds, modifications will be made to the operations plan. In a separate study, the USEPA has determined that if the IHC CDF air emissions are in compliance with the IDEM air registration for the project, the long term health risk to receptors will be below USEPA's established risk level. Reports and Studies

During dredging operations, emissions air monitoring will be conducted. Emissions monitoring is performed on the CDF site adjacent to activities that have the potential to cause releases to the atmosphere, such as the placement of the sediment into the CDF. This monitoring will be done using “real time” air monitoring equipment that measures particulates and naphthalene. The results will be posted on the project website for public review. Real time results

Below the air registration limit of 25 tons per year emissions, USACE has determined a series of action levels for the real time air monitoring, to ensure that the CDF is being operated in a safe manner for the surrounding community. To control emissions, a variety of possible techniques will be used. The most effective control will be to keep the sediment ponded, which eliminates particulate emissions and also minimizes volatile emissions. Other possible controls include changes to the operation, such as how and where sediment is placed into the CDF, the use of vegetation to control particulates, the use of covers or foams, and the use of fencing to limit particulate emissions. Detailed explanations

List of Applicable Regulations:

EM 385-1-1 (2008; Change 1-2010; Change 3-2010; Errata 1-2010) Safety and Health Requirements Manual
Federal Water Pollution Control Act, Sections 403 and 405
Clean Water Act, Sections 301, 302, 303, 306 and 307
33 CFR 328 Definitions of Waters of the United States
40 CFR 68 Chemical Accident Prevention Provisions
40 CFR 122 USEPA Administered Permit Programs: National Pollution Discharge Elimination System (NPDES)
40 CFR 261 Identification and Listing of Hazardous Waste
40 CFR 262 Standards Applicable to Generators of Hazardous Waste
40 CFR 279 Standards for the Management of Used Oil
40 CFR 302 Designation, Reportable Quantities, and Notification
40 CFR 355 Emergency Planning and Notification
49 CFR 171 - 178 Hazardous Materials Regulations
326 IAC 2-5.1-2
326 IAC 2-5.5-2