Office of Site Remediation
                               Enforcement (2271 A)
                               Washington, DC 20460
                                                      Fall 2003
                                                      Issue #14
Environmental Protection
Innovative Remediation      2

Brownfields News          3
Windfall Lien Guidance
New Urban River Pilots

Superfund News           4
Bike Trail of Coeur d'Alene

Highlights               5
RCRA National Meeting
Update: Lower Fox River

In the Courts             6
Consent Decree for Anniston
AOC Signed for Hudson River

Tidbits                7
Mixed Ownership Mine Policy
CleanupNews is a quarterly
newsletter highlighting hazardous
waste cleanup cases, policies,
settlements and technologies.
                             Bush Nominates  Leavitt
                             for Administrator
                                  During remarks at the
                                  Marriott Hotel in Aurora,
                                  Colorado on August 11,
                            2003, President Bush announced
                            his selection of Utah governor
                            Mike Leavitt to head EPA. Bush,
                            who met Leavitt when both were
                            serving as governor, referred to
                            Leavitt as "a trusted friend" and
                            "a man who understands the obli-
                            gations of environmental steward-
                            ship." If confirmed, Leavitt would
                            assume the post vacated by the
                            departure of Christine Todd
                            Whitman on June 27, 2003.  At
                            present, Marianne Horinko, As-
                            sistant Administrator for the Of-
                            fice of Solid Waste and Emergency
                            Response (OSWER), is serving as
                            Acting Administrator.
 In his acceptance speech, Leavitt
expressed a desire to bring a mod-
erate environmental policy ap-
proach to Washington: "There is no
progress polarizing at the extremes,
but there is great progress, there's

            continued on page 2
                                 EPA Signs Consent  Decree
                                 with Weyerhaeuser
                                   On May 1,2003, Winston
                                   A. Smith, Director of
                                   Region 4's Waste Man-
                            agement Division, signed a con-
                            sent decree for the Weyerhaeuser
                            Company Plymouth Wood Treat-
                            ing Plant Superfund  Site on be-
                            half of EPA.  The consent decree
                            covers remedial design and reme-
                            dial action for Landfill No. 1 or
                            operable unit 1.
 This consent decree is unique in
that it is the first Region 4 agree-
ment to include all four Superfund
Alternative site provisions as well
as a Region 4 provision. The
Agency's enforcement approach pro-
visions were described in a guidance
document released June 24, 2002
entitled "Response Selection and
Enforcement Approach for
Superfund Alternative Sites"
            continued on page 6
                                                                          (& Printed on recycled paper

Leavitt, continued from page 1

great environmental progress when we
collaborate in the productive middle."
As a member of the Western Gover-
nors Association,  Leavitt led the de-
velopment of the Enlibra Principles, a
list of environmental stewardship
guidelines. Enlibra, which is Latin for
"in balance," encourages achieving re-
sults in federal government regula-
tions  through "neighborhood solu-
tions," collaboration between public
and private groups, performance-
based rewards for achieving environ-
mental results, and environmental
education. Since the principles were
adopted by the Western Governors
Association, the National Governors
Association has added their endorse-
ment.  Leavitt noted the successful
collaboration of 13 states,  13 tribal
nations, three federal agencies, private
industry, and stakeholder groups in
the effort to improve air quality in the
Grand Canyon. He currently serves as
co-chair of the Western Regional Air
 Partnership, a collective of western
 state and tribal governments and
 federal agencies seeking to improve
 air visibility.

 "/ believe I can help protect this
nation's land, air and water by
promoting a higher and more
meaningful level of cooperation
and the application of new
          —Mike Leavitt, Bush's
            appointee for EPA
  Leavitt is currently serving his third
 term as Utah governor and was con-
 sidering a run for a fourth when the
 Bush administration selected him to
 head the Agency. When originally
 asked by Bush administration officials
several months ago if he would ac-
cept the nomination, Leavitt had de-
clined, citing his plan to run again. In
a written statement to his constitu-
ents, Leavitt explained that  his
change of heart was driven by  the
President's confidence that he would
"make a unique contribution."  He
also considered what he had set out
to accomplish for Utah and deter-
mined that he had completed  his
agenda. He also felt a call to service
in the role: "I believe as a nation we
have an abounding capacity to  con-
tinue our path of environmental
progress,  and an imperative to do so
at less cost."
  The Senate returned from recess on
September 2, 2003 and is expected
to hold confirmation hearings early
in the fall session. Confirmation re-
quires a majority vote of the Senate.

For additional information, contact
Dr. Richard W. Popino, OSRE,
(202) 564-5136.
Innovative  Remediation Strategy
Planned  for Emeryville
        Across the bay from the City
        of San Francisco, a once-
        thriving now abandoned in-
dustrial area is being restored to pro-
ductive use. Emeryville, which is just
one square mile in size and has a popu-
lation of just over 7,000, is prime real
estate given its proximity to San Fran-
cisco and Oakland. Despite the small
size of the  area, the damage done by
industry was extensive. There are nu-
merous  cleanup  sites  within
Emeryville, including a rubber plant,
a 22-acre mixed industrial site with a
lime and sulfur plant and insecticide-
producing plant, and a chromium plat-
ing factory.
  As part of the ongoing, city-wide re-
mediation efforts, an innovative strat-
egy is being used at two chromium con-
tamination sites.  At 1401 Park, the
2      cleanup
 site of a former chromium plating fac-
 tory, Electro Coating Inc., an innova-
 tive remediation strategy is being used
 to degrade chromium in the groundwa-
 ter. The former owner injected molas-
 ses into an on-site chromium plume to
 stabilize it. This remedy was found to
 be effective, but its broader use would
 have been expensive since the proce-
 dure has been licensed.  Three pilot
 tests injecting a different substance—
 cheese whey—into chromium produced
 even more impressive results and pre-
 sented a far cheaper solution.   The
 cheese whey, a free by-product of cheese
 production that is readily available,
 reduced the chromium levels by 99%
 through degrading chromium-6 to chro-
 mium-3. Given the success of the pi-
 lots, cheese whey will be used to stabi-
 lize an on-site chromium plume at 1401
Park. Following the cleanup, a 72-unit
residential mixed-use development will
be built.
  A second smaller band of chromium
contamination was recently identified
at 5801 Hollis. The new owner of the
recently-purchased property will con-
duct the site remediation and is con-
sidering the cheese whey remedial pro-
cess.  Once remediation is complete at
5801  Hollis, the site will be redevel-
oped as office/retail space. Both sites,
which are in low-income target areas,
are working towards receiving Capital
Incentives for Emeryville's Redevelop-
ment and Restoration (CIERRA) loans
to fund the work.  The CIERRA loans
are funded using federal monies from
the Brownfields Cleanup Revolving
Loan Funds.
                continued on page 7

OSRE  Releases  Guidance  on "Windfall Liens"
ByGregMadden, OSRE-PPED
         On July 16, 2003, EPA and   United States has no windfall lien on that
         DOJ issued an interim   property.  For those situations where
         enforcement discretion   there is an EPA response action, the policy
        n July 16, 2003, EPA and
        DOJ issued  an  interim
        enforcement discretion
policy entitled "Interim Enforcement
Discretion Policy Concerning 'Wind-
fall Liens' Under Section  107(r) of
CERCLA." ("Windfall Lien policy").
The Windfall Lien policy discusses
implementation of new CERCLA §
107(r), the "windfall lien" provision
of the Small Business Liability Re-
lief and Brownfields Revitalization
Act. CERCLA § 107(r) provides that
bona fide prospective purchasers are
not liable as owner/operators for
CERCLA response costs, but the
property they acquire may be sub-
ject to a windfall lien where an EPA
response action  increase the
property's fair market value.
  As a threshold matter the Windfall
Lien policy explains that, absent an
EPA response action at a  site, the
then covers three areas. First, the Wind-
fall Lien policy sets forth factors that may
lead EPA and DOJ to assert a windfall
lien and provides examples of a number
of situations where EPA will generally
not pursue a windfall lien. Specific situ-
ations where EPA will generally not pur-
sue a windfall lien include: a bona fide
prospective purchaser acquires at fair
market value after cleanup is complete;
previous resolution of seller's CERCLA
liability included potential windfall
from EPA's response action at the site; or
EPA's only expenditures at the site are
Brownfield monies. Additional situations
are outlined in the guidance document.
  The second area covered by the Wind-
fall Lien policy is EPA's and DOJ's ap-
proach to settling windfall liens. EPA
will generally seek only the increase in
                                                                   fair market value attributable to
                                                                   EPA's response action that occurs af-
                                                                   ter a bona fide prospective purchaser
                                                                   acquires a property.  The final area
                                                                   the Windfall Lien policy discusses are
                                                                   tools, "comfort/status" letters and
                                                                   windfall lien resolution agreements,
                                                                   that EPA may, in its discretion, pro-
                                                                   vide to a bona fide prospective pur-
                                                                   chaser in order to address the bona
                                                                   fide prospective purchaser's windfall
                                                                   lien concerns. Samples of these docu-
                                                                   ments are provided as attachments
                                                                   to the policy.
                                                                    The policy, attachments, and a fre-
                                                                   quently asked questions document are
                                                                   available from EPA's Website at: http://
                                                                      EPA notes that the Windfall Lien
                                                                   policy is an interim policy and it is seek-
                                                                   ing comments on the policy and its
More  Urban  River Restoration  Pilots
        At the Brownfields Show
        case Community Re
        search Summit in Wash-
ington, DC on July 30, 2003, EPA
and the US  Army Corps of Engi-
neers  announced that four addi-
tional rivers had been selected as
pilots under the Urban Rivers Res-
toration Initiative. Each of the des-
ignated pilots was selected through
a competitive process based on
project merits and will receive a
$50,000 grant. The selected rivers
are the Passaic River in New Jersey,
Gowanus Canal and Bay in New York,
Fourche Creek in Arkansas, and City
Creek in Utah. Pilot monies for the
Passaic River, a 173-square mile
watershed in northeast New Jersey,
will fund a comprehensive remedia-
tion and  restoration study.  The
Gowanus Canal and Bay pilot will
bring non-profits together with busi-
nesses to help prevent pollution,
                                EPA and Army Corps of Engineers officials
                                at the recent pilot announcement.

                                  improve water quality, and restore habi-
                                  tat in the Borough of Brooklyn, New
                                  York. The pilot for Fourche Creek, which
                                  receives drainage from the City of Little
                                  Rock, includes helping businesses reduce
                                  pollution and restoring wetlands. For
                                  City Creek, some funds will be used to
                                  restore an ecosystem that has been en-
                                  closed beneath the streets of Salt Lake
                                  City for nearly a hundred years.
                                   The Urban Rivers Restoration Initia-
                                  tive is part  of the EPA's Land Revital-
                                  ization Agenda, a program to clean
                                  waste sites  and return them to produc-
                                                                   tive use as commercial, industrial,
                                                                   green space, or residential properties.
                                                                   A Memorandum of Understanding
                                                                   between EPA and the Army Corps of
                                                                   Engineers entered July 2002 gave
                                                                   funding to eight urban river pilot
                                                                   projects. The initiative gives funding
                                                                   for "start-up costs" for new projects,
                                                                   including conducting studies and fos-
                                                                   tering coordination among stake-
                                                                   holder organizations, business com-
                                                                   munities, and agencies. An article on
                                                                   the Anacostia River pilot, a first-
                                                                   round recipient of grant funding, ap-
                                                                   peared in the Summer 2003 issue of
                                                                   CleanupNews. This and other past
                                                                   issues  can  be viewed online at:
                                                                   cleanu pnews. html.

                                                                   For additional information, contact
                                                                   Stephen Luftig, Senior Advisor for Reuse
                                                                   Programs, (703) 603-9931.
                                                                                  deanupnews    3

Bikes  Hit  the  Trail  at  Coeur d'Alene
                  Through an innovative reuse
                  strategy, 72 miles of former
                  Idaho railroad right-of-way is
           being reused as bike trails. The nearly
           completed Trail of the Coeur d'Alenes,
           which winds alongside the Coeur
           d'Alene Lake and Coeur d'Alene River,
           offers views of isolated Idaho country-
           side, historic mining towns, and the
           Bitterroot divide. There are a variety
           of conveniences along the trail includ-
           ing picnic tables, benches, and toi-
           lets. The trail is being managed by
           Idaho State Parks and the Coeur
           d'Alene Tribe.
             The Trail of the Coeur d'Alenes was
           created using an existing railway
           right-of-way owned by Union Pacific
           Railroad.  The original railway was
           built in the late 1800s when silver was
           discovered, and they were used to move
           ores and concentrates from the min-
           ing sites. To construct the railway, the
           company used readily available ma-
           terials, including mine tailings and
           waste rock that contained low levels
           of heavy metals.
             In an Engineering Evaluation/Cost
           Analysis, determined that the most
           effective way to address the heavy
           metal contamination would be to  in-
           stall asphalt and/or vegetative barri-
                               ers, remove or dispose of some con-
                               tamination, and control access
                               to the trail through signs, outreach
                               materials, and education. The re-
                               use of the railway was a cost-effec-
                               tive, safe solution that eliminated
                               the need to remove low-level con-
                               tamination.  The asphalt barrier
                               poured on top of the tailings and
                               waste rock protects riders from in-
                               teracting with the contamination
                               and limits contamination migra-
                               tion. For the area of trail near
                               Chatcolet Lake on the Coeur
                               d'Alene Tribe Reservation, it was
                               determined that waste materials
                               should be removed  and replaced
                               with non-contaminated materials.
                               To ensure public safety, a trail
                               guide offers common sense sugges-
                               tions for limiting exposure includ-
                               ing remaining on the trail, wash-
                               ing hands and face before eating,
                               and removing dirt from clothing,
                               shoes, equipment, children's toys,
                               and pets.
                                 Once complete, the trail will cover
                               almost the entire width of the north-
                               ern Panhandle of  Idaho,  from
                               Plummer to Mullan. Fifteen miles
                               of trail are still under construction.
                               As part of the remaining construc-
The Trail of the Coeur d'Alenes
snakes alongside the Coeur d'Alene
tion, the historic Chatcolet Bridge is
being retrofitted to allow a 30-foot
clearance for marine traffic. The origi-
nal bridge was only 18 feet above the
lake and needed to rotate to allow
boats to pass.
  The Rails to Trails project involved
the coordination of EPA, the Idaho De-
partment of Environmental Quality,
and the  Coeur d'Alene Tribe. The
Wallace-Mullan Branch right-of-way
is just one of a number of Superfund
sites being addressed in this former
mining area, including the Coeur
d'Alene Basin and Bunker Hill Super-
fund sites.

For additional information, contact
Ed Moreen, EPA Coeur d'Alene Basin
Representative, (208) 664-4588.
           CERCLA Municipal Solid  Waste
           Exemption  Guidance Released
                   On August 20, 2003, EPA and
                   DO J issued guidance on the
                   CERCLA Municipal Solid
           Waste Exemption.  The Small  Busi-
           ness Liability Relief and Brownfields
           Revitalization Act (SBLRBRA),
           signed in January 2002, gave relief
           from liability for response costs under
           CERCLA Section 107 to certain resi-
           dences, small businesses,  and  non-
           profit organizations who generated

           4      deanupnews
                               municipal solid waste (MSW) at
                               Superfund sites on the National
                               Priorities List. The interim guid-
                               ance discusses the statutory ex-
                               emption, identifies some factors to
                               be considered in the exercise of en-
                               forcement discretion under the ex-
                               emption, and addresses the rela-
                               tionship of the exemption to exist-
                               ing EPA policies regarding MSW
                               parties. The newly released guid-
ance, titled "Interim Guidance on the
Municipal Solid Waste Exemption
Under CERCLA § 107(p)," is avail-
able online at:

For additional information, contact
Susan BousheII, OSRE-PPED,
(202) 564-2173 orDougDixon,
OSRE-RSD, (202) 564-4232.

RCRA National  Meeting  Focuses  on
Resource Conservation  Challenge
       At the 2003 Resource Conser-
       vation and Recovery Act
       National Meeting on August
12-15 in Washington, B.C., partici-
pants attended more than one hundred
sessions, including a mock trial,
roundtable discussions, and lively de-
bates.  This year's meeting high-
lighted  the Resource Conservation
Challenge (RCC), a national effort to
find flexible resource conservation
strategies through pollution preven-
tion, waste  reduction and energy re-
covery activities.
  The keynote speaker, internation-
ally renowned designer William
McDonough, asserted that system and
product design can be environmentally
sound as well as socially and economi-
cally valuable.  In his opening re-
marks, Barry Breen, Acting Assistant
Administrator for the Office of Solid
Waste and Emergency Response, told
participants that the RCC infuses
waste reduction efforts "with a deeper
sense of shared responsibility and
partnership." "We've developed a
whole new  attitude toward waste,"
 Barry Breen, Acting Assistant
 Administrator ofOSWER, offered
 opening remarks at the conference.
Breen said. "In many cases it's not
inevitable. It can be reduced, mini-
mized, eliminated, sometimes in
ways that pay for themselves. And
in some cases waste can be reused,
thus saving the cost of disposal."
  EPA honored new Waste Minimiza-
tion Partnership Program members,
including Dupont, GE, Uniseal Incor-
porated, U.S. Steel, Hewlett Packard
Caribe, and the Tobyhanna Army De-
pot (the program's first federal facil-
ity) . The program encourages genera-
tors of secondary materials and waste
materials to  partner with EPA and
States to establish goals to reduce and
minimize waste generation, particu-
larly waste containing 39 priority con-
  Also, Ashland Incorporated was rec-
ognized for taking the Environmental
Indicator pledge and committing to
meet both the "human exposures" and
"groundwater migration" indicators at
all 21 of their facilities.
  The conference proceedings will be
available through the Air and Waste
Management Association website at:

For additional information, contact
Janette Petersen, OSW, (703) 308-7242.
Update:  Lower Fox River and Green Bay
  On July 28, 2003, EPA and the Wis-
consin Department of Natural Re-
sources announced a second Record of
Decision for the Lower Fox River and
Green Bay site. The Record of Deci-
sion outlines the remedies for the re-
maining operable units (OUs): Little
Rapids to De Pere (OUS),  De Pere to
Green Bay (OU4), and Green Bay
(OUS). The recommended remedy in-
cludes dredging and disposing  of
6.6 million cubic yards of sediment
from the portion of the river be-
tween Little Rapids  and Green
Bay. Natural attenuation has been
selected for Green Bay since the
sediment removal upriver will re-
duce the migration of PCBs into the
bay. The cost  for implementing
these remedies is expected to reach
$400 million.
  A detailed article about the Lower
Fox River  and Green Bay site ap-
peared in the Winter 2003 issue of
CleanupNews. To view this and other
past articles, go to the CleanupNews
website at:

For additional information, contact
James Hahnenberg, EPA Region 5,
(312) 353-4213.
                                                                            deanupnews    5

             Weyerhaeuser, continued frontpage 1
(OSWER 92-08.0-17). According to
the guidance, Superfund Alternative
sites are sites where the site hazard
ranking is sufficient to warrant a
Superfund listing, but EPA has de-
cided to delay listing so an agree-
ment can be negotiated with the po-
tentially responsible party (PRP). In
such an agreement, the PRP agrees
not to challenge EPA if the Agency
decides to list the site after only par-
tial cleanup. The PRP must  also
agree not to challenge a natural re-
source damage claim using a  Stat-
ute of Limitation defense. Other pro-
visions allow for technical assistance
funding for communities in the ab-
sence of Superfund  funding and fi-
nancial assurance that the cleanup
work will be completed. In this con-
sent decree, the PRP, Weyerhaeuser,
agreed  to the four provisions.  For
additional protection, Region  4
added a provision that further lim-
its Weyerhaeuser's right to contest
listing, and the company signed off
on this provision as well.
  There are several advantages to
both EPA and the PRP to designat-
ing a site Superfund Alternative. For
one, the PRP agrees to fund  site
cleanup therefore EPA avoids using
Superfund Trust  funds.  Since the
provisions ensure that an effective
cleanup will be  conducted,  the
cleanup is  as  effective as if
Superfund funds  were used.  The
benefit for the PRP is that they avoid
the stigma of having a "Superfund"
site, and they can demonstrate to
the public that they are cooperating
with EPA.
  The Weyerhaeuser site is located
on 2,400 acres in Martin County in
eastern North Carolina.  The  site
includes the landfill, a former  chlo-
rine production plant, and Welch
Creek.  The contamination of the
landfill resulted from their illegal
dumping of mercury cells from the
chlorine production plant. The rem-
edy for Landfill No. 1 will likely cost
$12 million.

For additional information, contact
Elizabeth Davis, Region 4,
(404) 562-9696.
                                              Judge Approves
                                              Consent Decree
                                                On August 4, 2003, the Honorable
                                              U.W. Clemon of the US District Court
                                              for the Northern District of Alabama
                                              approved a consent decree for the
                                              Anniston PCBs site. Through the
                                              agreement, Solutia,  Inc.   and
                                              Pharmacia Corporation (formerly
                                              Monsanto) agreed to develop a work
                                              plan for the accelerated cleanup of
                                              properties in residential areas.  The
                                              parties will submit the work plan to
                                              EPA, which will ensure  the  plan
                                              meets strict standards for protecting
                                              human health and the environment.
                                              Given the significant risk to human
                                              health posed by the PCB contamina-
                                              tion, EPA will require Solutia and
                                              Pharmacia to meet the stringent re-
                                              quirements for Superfund sites and
                                              push for accelerated cleanup. Based
                                              on public comment, the revised agree-
                                              ment added the removal of PCBs from
                                              northeast Alabama neighborhoods.
                                                In the 1990s, site assessments by
                                              EPA, the Alabama Department of
                                              Public Health, the Alabama Depart-
                                              ment of Environmental Management,
                                              the Agency for Toxic Substances and
                                              Disease Registry (ATSDR)  identified
                                              a human health risk. Soil on many
                                              residential properties tested positive
                                              for PCBs, and blood tests showed el-
                                              evated PCB levels. ATSDR recently
released the final blood sampling re-
sults from 2,700 Anniston residents
and found that nearly one-fifth of
residents had high levels of PCBs.
An October 2002 Administrative Or-
der on Consent required Solutia to
sample for PCBs in west Anniston
and remediate any property where
short-term exposure might present
a health risk.
  PCB production at the Anniston
site occurred from 1929 through
1971. During that time, wastewa-
ter containing PCBs was discharged
into a ditch, and a variety of haz-
ardous and nonhazardous wastes
were improperly disposed of in land-
fills.  These disposal  methods
caused the contamination to migrate
from the 70-acre plant to the sur-
rounding community.

For additional information, contact
Helena Healey, OSRE-RSD,
(202) 564-5124.
                                  Order on
                                  Consent Signed
                                  for Hudson  River

                                    On August 13, 2003,  EPA signed
                                  an Administrative Order on Con-
                                  sent  (AOC) with General Electric
                                  Company (GE) for remedial design
                                  and cost recovery at the Hudson
                                  River PCBs Superfund Site. As part
                                  of the agreement, GE agreed to de-
                                  sign a dredging project to meet the
                                  specifications of the February 2002
                                  Record of Decision and to immedi-
                                  ately pay EPA over $ 15 million as
                                  partial payment for oversight and
                                  work performed. As part of devel-
                                  oping the plan, the AOC requires
                                  GE to create a Baseline Monitoring
                                                  continued on page 7

Hudson River, continued from page 6

Program Scoping Document, Habitat
Delineation and Assessment Work
Plan, and Cultural and Archeological
  An article on the Community In-
volvement Plan for Hudson River ap-
peared in the  Summer 2003 issue of
CleanupNews. To view this and other
past articles, go to the CleanupNews
website at:
pliance/resources/news letters/
cleanup/cleanupnews. html.
  The AOC and other information are
available  on  EPA's Hudson River

For additional information, contact
Dave Kluesner, Region 2, (212) 637-365S
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Mixed Ownership
Mine and Mill
Sites Policy
  On June 24, 2003, the Federal Fa-
cilities Enforcement Office announced
that most mixed ownership mines and
mill sites should not be included in
the Comprehensive Environmental
Response, Compensation, and Liabil-
ity Act Section 120(c) Federal Agency
Hazardous Waste  Compliance
Docket. The Docket provides the pub-
lic with a published list of federal fa-
cilities along with any action taken.
Exceptions  could be made on a site-
by-site basis by the lead agency.
  Mixed ownership sites have both
federal and private owners. This com-
plex ownership pattern at some sites
results from the General Mining Law
of 1872, which gave private party
claimants use of properties for  min-
eral mining. Under the law, the claim-
ant had the right to mine the land,
but the federal government retained
the title. The Federal Land Policy and
Management Act of 1976 established
that private parties could continue to
use federal land under the regulations
of the managing agency.  Under the
act, a "claim" was private property
subject to taxes and could be sold,
leased, or bequeathed. For abandoned
claims, property rights were restored
to the controlling Federal Land Man-
aging Agencies, typically the Forest
Service or Bureau of Land Manage-
ment.  Through  "patenting," some
claimants purchased their properties.
When abandoned, patented properties
remain private property rather than
reverting to federal control.  As a re-
sult, there are thousands of private
property abandoned mine or mill sites
within federal boundaries.
  The mixed ownership  policy ac-
knowledges that most contamination
at mine and mill sites results from pri-
vate parties, often involving multiple
parties. Rather than being listed as
federal facilities on the Docket, all sites
will be listed in CERCLIS, a database
of reported releases of hazardous sub-
stances. The policy does not obviate
the federal government's responsibil-
ity as a potentially responsible party.
  This policy is not legally binding and
is only intended to guide federal per-
sonnel through the decision-making

For additional information, contact
Joe Tieger, OSRE,(202) 564-4276.
Emeryville, continued from page 2

  EPA has acknowledged the positive
progress at Emeryville by providing the
city with brownfields funding three
times.  In 1996, the city was selected
as a Brownfields Assessment Pilot and
provided a $200,000 grant.  More re-
cently, the site was given a $500,000
brownfields loan, referred  to as a
Brownfields Cleanup Revolving Loan,
which is being used for certain target
areas of the city where income levels
are the lowest.  In 2003, Emeryville
was selected for a brownfields assess-
ment grant, a designation that brings
$350,000 for assessing hazardous sub-
stances and $200,000 for petroleum.
  The redevelopment of the  city  has
generated over $700 million in new in-
vestments over the  past ten years,
spurred job growth, and enticed tech-
nology corporations to consider mov-
ing to the area. Pixar Animation Stu-
dios, the animation company that cre-
ated Toy Story and Finding Nemo, chose
to build its $88 million headquarters
in Emeryville.

For additional information, contact
IgnacioDayrit, Emeryville ProjectManager,
(510) 596-4350.

    October 11-15,2003
    76th Annual Water Environment
    Federation Technical Exhibition
    and Conference
    Los Angeles, CA

    October 22-24,2003
    ASTSWMO Annual Meeting
    Washington, DC
    Contact: Tom Kennedy, (202) 624-5 ,••

    October 27-29,2003
    Brownfields 2003: "Growing a
    Greener America"
    Portland, OR

    November 17-18,2003
    The Business of Brownfields
    Conference: Technical, Legal
    and Financial.
    Pittsburgh, PA
    http ://www, eswp, com/brownfields/

    November 17-21,2003
    National Registry of
    Environmental Professionals
    Orlando, FL
    http ://www, nrep, org/conference/
    conferencel .html
ADC      Administrative Order on Consent

CERCLA   Comprehensive Environmental Response,
        Compensation, and Liability Act

CIERRA   Capital Incentives for Emeryville's
        Redevelopment and Restoration

DO)      U .S. Department of Justice

EPA      Environmental Protection Agency

FLMA     Federal Land Managing Agencies
OECA     Office of Enforcement and Compliance

 CleanupNews is a quarterly publication of
 EPA's Office of Site Remediation Enforce-
 ment, in cooperation with the Office of
 Superfund Remediation and Technology
 Innovation, Office of Underground Storage
 Tanks, and Office of Emergency Prevention,
 Preparedness and Response. Past issues
 of CleanupNews can be found at http!//
   OU       Operable unit

   OSRE     Office of S ite Remed iation E nforcement

   OSWER    Office of Solid Waste and Emergency

   PRP      Potentially responsible party

   RCC      Resource Conservation Challenge

   RCRA     Resource Conservation and Recovery Act
Richard W. Popino, PhD REM, editor

EPA Review Board; Paul Connor, Sandra
Connors, Karen Ellenberger, Jeff Heimerman,
Kenneth Patterson, Barbara Roth, Neilima
Senjalia, Suzanne Wells

Christine Rueter, DPRA Inc., writer
RuthCohrille, DPRA Inc., senior designer
Lauren Grantham, DPRA Inc., designer

                                          To comment on the newsletter contact Dr. Richard W. Popino, at MC-2271 A, U.S. EPA, 1200
                                          Pennsylvania Ave., NW, Washington, DC 20460, To be added or
                                          deleted from the mailing list, contact Christine Rueter, DPRA Inc., 1300 North 17th Street,
                                          Suite 950, Arlington, Virginia 22209, Fax: (703) 524-9415,
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