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EPA takes over cleanup at C6-Zero
Marengo plant and surrounding area will become Superfund site
Erin Jordan
Apr. 27, 2023 4:46 pm, Updated: Apr. 28, 2023 1:37 pm
The U.S. Environmental Protection Agency will oversee further cleanup at a Marengo explosion site after state officials struggled to enforce deadlines for removing contaminated water and soil.
The Iowa Department of Natural Resources earlier this week sent the EPA a request for federal action to investigate and take “actions it deems are necessary” to address diesel fuel, lead and other chemicals in and around the C6-Zero site.
“C6-Zero is not in compliance with the requirements laid out in the DNR Emergency Order, the Consent Order, and the applicable requirements in 567 IAC 133 as documented in an April 10, 2023 DNR Extension Request,” said the April 25 letter signed by Michael Sullivan, Solid Waste and Contaminated Sites supervisor for the DNR.
The EPA will oversee the site as part of Superfund, a program that allows the EPA to clean up contaminated areas and force responsible parties to perform the duties or reimburse the government for that work.
“EPA Region 7 acknowledged receipt of the request on Tuesday, April 25, and will begin transitioning oversight responsibilities,” spokeswoman Shannan Biesser said in an email Thursday. “Although oversight responsibilities shift, EPA continues to work with local, state, and tribal partners as these sites progress to ensure all stakeholder positions are being considered.”
Earlier this month, the EPA filed a notice of violation against C6-Zero for failing to alert first responders and the state about dangerous chemicals and vapors at its plant in Marengo before a Dec. 8 explosion and fire.
The EPA said the company broke federal law by not giving safety data sheets to first responders and not issuing an emergency notice after the explosion that injured nine employees — at least two seriously — and caused a fire that took Eastern Iowa firefighters 18 hours to extinguish.
The agency is continuing its investigation into C6-Zero and considering enforcement options, Biesser said this week. The agency has authority to pursue civil penalties of up to $67,500 per day for failing to submit safety data sheets and $27,000 per violation for failing to submit an emergency notice after an incident.
Howard Brand III, owner of C6-Zero, has a pending U.S. patent application for a process to use a proprietary chemical solution to dissolve spent asphalt shingles into base ingredients, including oil, sand and fiberglass.
The Marengo plant did not yet have a state permit to operate, but was processing shingles Dec. 8, when a mechanical failure ignited air vapors.
C6-Zero spokesman Mark Corallo said Thursday he welcomes the EPA oversight.
“In stark contrast to our experiences with IDNR, C6-Zero has had a collaborative and cooperative relationship with both the Iowa Attorney General’s Office and the EPA and as a result, cleanup at the Marengo site is moving toward completion. We look forward to any assistance EPA can provide in the late stages of this process,” he said in an email.
The DNR and C6-Zero dispute who should be responsible for ongoing cleanup costs. The state already agreed to pay up to $834,000 to hire contractors to remove perfluoroalkyl and polyfluoroalkyl substances (PFAS) that likely came from firefighting foam used to fight the blaze.
But after treating 12 million gallons in a nearby retention basin, there still are PFAS in the sludge, the DNR reported.
“The DNR has stated that this is the responsibility of C6 Zero, but that is strongly disagreed upon from C6 Zero’s perspective, given the elevated PFAS numbers in both the basin and the adjacent wastewater lagoon,” according to an April 21 report to the DNR from EcoSource, a Des Moines-area contractor C6-Zero hired to remove water and soil contaminated with diesel fuel and other chemicals.
Comments: (319) 339-3157; erin.jordan@thegazette.com