United States Environmental Protection Agency Enforcement and Compliance Assurance Mail Code 2201A E PA-300-N94-005 October-November 1996 &EPA OECA Echo Enforcement and Compliance Assurance for a Cleaner Environment In this issue: . Environmental crimes bill... 1 . BROS $221.5 million settle- ment...1 . Superfund administrative reforms.. .3 . Record number of cases to DOJ...3 . E$web site use rises...3 . Region 6 compliance initiative...4 . Georgia-Pac- ific settlement... 5 . GM begins recall...6 . TSCA CAP program ends... 7 . Owner's assets frozen...7 . NETI begins satellite tralnlng...8 From the Assistant Administrator Steven A. Herman Legislation Has New Tools To Protect Public Against Environmental Crimes It was my pleasure to represent EPA when Attorney General Janet Reno transmitted the Environmental Crimes and Enforcement Act of 1996 legislation to Congress in September. It is legislation that will strengthen our ability to protect communities by giving federal, state and local governments new tools to investigate and prosecute environmental crimes, and will help foster a new level of cooperation between the federal government and state and local law enforcement officials on the front lines of com- munity-based law enforcement efforts. Criminal enforcement has been the fast- est growing component of EPA's enforcement program over the last several years, reflecting the agency's stepped-up targeting of the worst polluters and the most significant threats to public health and the environment. In fiscal 1995, for example, EPA initiated 562 criminal cases and referred 256 to DOJ, both one-year records. In the course of expanding criminal enforcement efforts, EPA and DOJ have iden- tified several areas where new or more ex- plicit legislative authority will enable us to fight environmental crimes more effectively. The Administration's environmental crimes bill responds to the repeated concerns of fed- eral, state, and local law enforcement officials to recurring obstacles to the safe and effective investigation and prosecution of environmen- tal crimes. It includes new resources for train- ing state, local and tribal governments in safely investigating crimes involving hazard- ous wastes and other dangerous substances. Here is a summary of some of the bill's major provisions: . Reimbursement for State, Local and TMbal Governments. During the last several years, EPA and DOJ have developed system- continued on Page 2) New Jersey Superfund Site Cleanup Settlement Is One of Largest in History of CERCLA More than 90 companies, federal and state agencies have agreed to contribute at least $221.5 million to help cover the cost of cleaning up the Bridgeport Rental and Oil Services (BROS) Superfund site in Logan Township, NJ, under an agreement reached on the last day of fiscal 1996 with EPA, DOJ, and the state of New Jersey. One of the largest Superfund settlements ever, it will cover about 70 percent of the cost of com- pleted and anticipatedclean-up actions. The pri- vate companies will complete and pay up to $95 million for the remaining remedial work of clean- ing up groundwater ana wetlands affected by site contamination. The site has long been considered one of the most technically challenging under Superfund. It had been used for waste oil collection and chemical waste storage for almost three decades. When it was closed in the late 1970s, millions of gallons of waste oil and other pollutanants were left behind, mostly in a 13-acre lagoon. Spills and leaks had also contaminated ground- water and adjacent wetlands. Negotiations leading to the settlement in- volved EPA, DOJ, the New Jersey Department of Environmental Protection (NJDEP), the New Jersey Attorney General's office, and the settling parties. A unique "risk-sharing" provision that addresses unforeseen cleanup needs is included in the settlement. 'The risk-sharing and related features of the BROS consent decree respond to concerns sub- sequently addressed in a policy announced by Administrator Carol Browner last June, " said Steve Herman, OECA assistant administrator. (Continued on Page 6) ------- OECA Echo/October-November 1996 United States Environmental Protection Agency: Carol M. Browner Administrator Enforcement and Com- pliance Assurance: Steven A. Herman Assistant Administrator Enforcement Capacity and Outreach: Anne Lassitar Director • Associate Director Editorial Staff: Roger Allan Robert Banks . Art Horowitz Julie Klaas Sherry-Milan Ruth MiJler Jonathan Packman Lou Pafoy United States EPA 401M Street, SW(2201 A) Washington, DC 20460 New Tools To Deal With Environmental Crimes (Continued from Page 1) atic relationships with state and local law en- forcement agencies to more effectively combat environmental crimes. EPA criminal investiga- tors now participate in over 70 federal/state/ local task forces and Law Enforcement Coordi- nating Committees throughout the country. The bill authorizes federal courts to order those convicted of environmental crimes to reim- burse state and local governments for costs incurred in supporting federal investigations and prosecutions. Only funds expended by a state or local government in support of a fed- eral investigation and prosecution of a case are reimbursable, and can be used only for envi- ronmental law enforcement. . Extension of the Statute of Limitation for Environmental Crimes. Many environ- mental crimes, especially those involving ille- gal disposal or dumping of hazardous materials, are hard to detect. The bill extends the statute of limitations where a violator has affirmatively concealed the environmental crime. The traditional five-year statute of limi- tations can be extended up to three additional years, providing a maximum of eight years to prosecute the case from the time the violation is committed. . Enhanced Sanctions for Violations Causing Injury or Death. One of the most tragic environmental crimes occurred in 1992, when two nine-year-old boys died after being overcome by solvent fumes illegally put in a dumpster where they had been playing. A criminal investigation revealed that the com- pany — despite warnings from county officials — had routinely disposed of waste toluene in the dumpster and treated and disposed of haz- ardous waste on site without a permit. In ex- ceptional circumstances like this, greater sanctions are appropriate. The bill provides for enhanced punishment when a criminal viola- tion of specified environmental law "directly or proximately" causes serious bodily injury or death to any person. It applies to death or in- jury suffered by public officials — police, fire- men, or any other public safety officers — who may arrive at the scene of an environmental crime, or members of the general public. . Ability to Prosecute "Attempts" to Commit Environmental Crimes. Law enforce- ment officials engaged in surveillance opera- tions are often faced with a difficult choice — whether to protect human health and the envi- ronment at the risk of subverting the case against a violator literally "caught in the act." That is because, under current federal law, the government cannot prosecute where investiga- tors are able to stop a crime in progress before the environment is harmed. The bill would eliminate this loophole by providing an "at- tempt" provision for environmental statutes, similar to those found in many other criminal laws. The government could still prosecute where investigators are able to stop a violation in progress, when it is able to prove beyond a reasonable doubt that the defendant was at- tempting to commit an environmental crime. . Restitution/Securing Assets for Cleanup. One of the basic principles of federal environmental enforcement efforts is that vio- lators should pay for and correct the damage they cause. The federal government seeks such restitution in its criminal enforcement efforts, where feasible. The bill would amend federal restitution statutes to clarify that courts may order convicted defendants to pay restitution of the damage caused by their environmental crimes, including the costs of removal and remediation of the environmental pollution and restoration of the environment, if the pol- lution or damage results from the violation. For the "polluter pays" principle to be implemented, the government must be able to make sure that a defendant charged with an environmental crime cannot evade this respon- sibility by shielding his assets. The bill pre- vents a defendant from "concealing, disposing of, or otherwise dealing with his assets" so that if he is convicted and ordered to pay the cost of the harm he caused, his assets will be available. . Enhanced Training of State and Local Law Enforcement Personnel. The bill provides ad- ditional resources for EPA's National Enforce- ment Training Institute to help train state, local and tribal law enforcement officials in the in- vestigation and prosecution of environmental crimes. It establishes a program dedicated to training state, local and tribal law enforcement officials in investigating environmental crimes. The public is right to expect government to take swift, effective action to protect against environmental crimes and against those who willfully ignore environmental standards and pollute the public's air and water. The new en- vironmental crimes bill will help ensure that every community can be protected from toxic pollution. This Administration looks forward to working with Congress to enact it. Page 2 ------- OECA Echo/October-November 1996 Superfund Administrative Reform Policies In Place Steps to implement three Superfund Administrative Reforms have been taken by EPA to accelerate the Administration's efforts to shift from litigation to prompt cleanup of the worst toxic waste dumps. Two are new policies, the third the appointment of regional ombudsmen. Under a new "orphan share compen- sation" policy, EPA will help cover a portion of the cleanup costs attributable to parties who are now insolvent or defunct at Superfund sites where viable responsible parties agree to per- form the cleanup. Under CERCLA, liable sol- vent parties are responsible for the total costs of cleaning up a site, including that share of costs attributable to companies that no longer exist or have no financial assets. EPA offered over $57 million in fiscal 1996 nationwide to- wards covering the orphan share at sites where cleanup agreeements are being negotiated. A second policy revises and expands EPA's 1993 "de micromis" policy which stated the agency's intention to protect very small volume waste contributors. The revised policy doubles earlier cutoffs to provide that a party could have sent up to .2 percent of municipal solid waste or up to .002 percent or the equiva- lent of two drums of materials containing haz- ardous substances without being held liable by the federal government for a portion of cleanup costs. The policy also protects them from "third party" suits from larger waste con- tributors by settling with them for zero dol- lars. In a third action, EPA announced that a Superfund ombudsman has been appointed in each of the 10 regional offices. The ombuds- men constitute an outreach effort by the agency to improve understanding of the hazardous waste cleanup program. The ombudsmen are charged with facilitating the resolution of con- cerns and questions raised by the public. They have direct access to top-level management to help resolve cleanup site issues. E$ Web Site Use f To End ewer* 25,712 web s>** Ngrrfi— ¦ siiiSSS 111! Hons to OECA's Earth 1/Envw: World Wide Web site in August, 5,000 from the previous month. C ber, 22,215 documents on the $it$ y The Earth l/Er.virc»Sen$e dudes about 10,000 files, including from OECA (mostly policies) a lone merits include regulations, poiicie ance, case studies, technical regulatory and vendor points of a Because of the success of th platform, and growing funding lira network's electronic bulletin bo. (BBS) platform will be discontinue of the year. All of OECA's doour BB$ will be transferred to the work The web address for neciton to the OECA portion I Enviro$en$e is made using the ex dress of http://es.inel.gov/oeca. t fonnjtion about Earthl /Enviro$er Louis Paley (202/564-2613, or Packman (202/546-2617). , ',y- ¦ : , mlla EPA Refers Record Number Of Criminal Cases to DOJ EPA referred a record 256 criminal cases to the Department of Justice in fiscal 1995. The agency started 562 new criminal investigations and obtained $23 million in penalties for environmental crimes. As a result of targeted civil enforcement, EPA secured almost $1.65 billion which will directly benefit the environment by funding pollution control equip- ment and other environmental projects. EPA collected more than $70 million in civil penalties and took over 3,200 civil enforcement actions. Collections for Superfund private party cleanups amounted to $851 million. The figures are part of EPA's "1995 Enforcement Accomplishments Re- port", released in July. Page 3 ------- The American Foundry Society h e I p bring fa- cilities gether discuss sues concerns OECA Echo/October-November 1996 Government, Industry Learn From Each Other In Foundry Compliance Assistance Program Region 6 Program Succeeds in Oklahoma To be effective, federal government policy initiatives require innovative thinking at the local level and industry cooperation. That's what it took in Oklahoma last year when EPA's Region 6 set out to implement national policy guidance related to various federal initiatives, chief among them being the Administration's government-reinvention of regulations program. From that strategy several EPA programs were initiated such as the Environmental Leader- ship Program and Project XL. These programs are designed to help industry comply with environmen- tal laws and provide environmental protection that moves away from the one size fits all approach. Re- gion 6 tested the concept with a hands-on program involving the foundry industry in Oklahoma. "We were encouraged to form partnerships with state environmental agencies, to find new ways to measure industry compliance, and to think of ways to develop industry compliance outside the usual parameters," says Mark W. Potts, Region 6's hazardous waste enforcement section chief. Potts set up a working arrangement with the Oklahoma Department of Environmental Quality. Together, the agencies developed a voluntary compliance pilot project for foundries in the state which had a his- tory of air and hazardous waste disposal problems. The plan was to provide training to foundry fa- cility personnel on environmental regulations affect- ing their operations and to encourage facilities to find ways to meet the regulatory requirements. The state negotiated a six-month period during which the foundry facilities would not be inspected for vio- lations but would learn about and voluntarily do what was necessary to come into compliance. The key to granting this six-month grace period was found in a Clean Air Act provision, Sec- tion 507, which establishes programs to help small businesses comply with the Clean Air Act. This was the basis for establishment of the Interim Policy on Compliance Incentives for Small Businesses. The pilot modeled the small business incentives policy by providing either on-site compliance assistance upon request or the facility could volunteer to per- form a self-audit of its operations and disclose its audit findings to the state. If the facility self-cor- rected and self-reported its violations to the state in a specified period of time, no penalty was required. In the Oklahoma project, about 50 percent of the fa- cilities participating on the pilot audited their envi- ronmental operations and the state helped the foundries come into compliance with the applicable environmental regulations. To make the program work, industry coop- eration was essential. A first step was to invite facil- ity representatives to discuss the plan. Of the 47 foundries located in Oklahoma, representatives of 23 attended the initial meeting and ultimately agreed to participate in the program. A self-audit checklist,developed by the state environmental agency, was key to the program's suc- cess. The checklist contained questions about the facility's process operations and about pollution pre- vention procedures. Thestate encouraged facility per- sonnel to look for new and better ways to make their product through the use of less toxic raw materials. The checklist suggested pollution prevention meth- ods and urged plant personnel to find ways to apply them to their facility and their production procedures. The effort helped change mindsets on both sides. When the program began, it was thought most foundry environmental problems would relate to RCRA issues because of suspected lead-contamina- tion problems. Instead, the state found that many foundry problems stemmed from failure to meet per- mit requirements. Landfill disposal, for example, re- quires state landfill approval letters which facilities often did not have. Facilities that had RCRA-related waste, mostly from paint, coating, and cleaning op- erations and graphic arts materials, were encouraged to improve their storage and handling procedures. An air quality permit was another require- ment that was sometimes lacking. Few foundry fa- cilities generated enough emissions to qualify as a major air pollution source, but many emitted enough pollution to require a state minor air permit. Found- ries with storm water permits worked to improve their pollution prevention plans. The pilot also succeeded in increasing the awareness of facility personnel on SARA Title III reporting requirements. After initial reluctance, foundry personnel fully committed themselves to the compliance assis- tance pilot program. The American Foundry Society (AFS) helped bring the facilities together for frequent discussions on specific issues and concerns. A spokes- man was appointed to work with the state and EPA. The AFS was instrumental in simplifying the self-au- dit forms developed by the state and helped educate the government representatives about the foundry business. Government also gained a number of in- sights from the program. It learned, among other things, that education and customer satisfaction can go a long way in preventing pollution. It learned that mutual respect and trust can help win an ally without compromising environmental integrity. (Contact: Bonnie Romo, (214) 665-8323) Page 4 ------- OECA Echo/ October-November 1996 Case Closed Georgia-Pacific Settlement Shows Benefits Of Federal Initiatives Against Large Corporations The EPA/DOJ settlement with the Georgia- Pacific Corporation covered more facili- ties and alleged violations than any other case brought under Clean Air Act provisions that ensure that air quality does not deteriorate in ar- eas that currently have clean air. Under the consent decree, which was lodged on July 18, Georgia-Pacific will spend $35.25 million to settle charges that it failed to report complete information about pollution emissions, obtain required permits, and control the amount of pollution-causing volatile organic compounds (VOCs) it poured into the environ- ment at 26 of its wood panel manufacturing fa- cilities, mostly located in the southeast. Part of EPA's initiative to bring the wood products industry into compliance with CAA regulations, the action reflects the agency's em- phasis on comprehensive multi-state, multi-fa- cility settlements that will significantly protect public health and environment. Background of Settlement Since the late 1970s, the CAA's New Source Review Program has required major sources of air pollution to control emissions of certain pollutants and use best available control technology to prevent significant deterioration in areas that meet ambient air quality standards. These regulations require a source, before it con- structs or modifies its plant, to accurately esti- mate and report pollutant emissions so the state or EPA can determine air pollution levels and issue appropriate permits. VOCs are the main pollutants at wood processing facilities. They are created during production of "engineered" wood products such as particle board and plywood. Wood Products Situation The wood products industry has known at least since the late 1970s that wood panel manufacturing facilities emit VOCs. They are emitted from glues during the production pro- cess and from wood as it is dried before being processed. Facilities already emitting VOCs when CAA regulations were enacted were grandfathered in at existing levels. But large facilities whose modification could potentially lead to large increases in VOCs above certain thresholds are required to go through a com- plex permitting process. EPA's regulations concerning permitting and control of major sources have been in effect since the late 1970s and responsible companies have obtained proper permits and installed pol- lution control equipment to lower their VOC emissions. When EPA found widespread non- compliance in the engineered wood products industry in 1991, it initiated a sector-wide com- pliance assessment. EPA found that Georgia-Pacific had modified many engineered wood product plants since 1980. EPA estimates that during this pe- riod, G-P plants were annually emitting over 5,000 excess tons of VOCs into the environment. Although the company could have determined the extent of the emissions at the time these modi- fications were made or plants constructed, it of- ten ignored its legal responsibility to report the changes — and the resulting increase in VOCs — or to apply for the proper permits. Georgia-Pacific Notified After months of negotiations, EPA and Georgia-Pacific agreed on a consent decree filed in federal District Court in Atlanta on July 18, 1996. Georgia-Pacific will pay a $6 million pen- alty and apply for appropriate state air pollution control permits at 19 of its facilities. It also will take major steps to reduce air pollution at the facilities and across the southeast. The company will install state-of-the- art pollution control equipment designed to re- duce VOC emissions at 11 of the 26 plants that still require controls, at an estimated cost of $25 million. It will spend $4.25 million on several in- novative supplemental environmental projects that will be of particular benefit environmentally in southeastern U.S., including development of ozone-control strategies to figure out where the problems are coming from and addressing them at the source. The company is required to con- duct comprehensive clean air audits at 26 of its wood product facilities nationwide and to moni- tor compliance with emission limits on a daily basis. What It Means The settlement highlights the federal government's unique role in a nationwide en- forcement action. States were involved in pros- ecuting the case, but because Georgia-Pacific had similar facilities and violations in a number of states, no single state had the resources to ad- dress them in a systematic and coordinated way and to fashion a comprehensive settlement com- bining injunctive relief, penalties, and extra ben- eficial environmental projects. Georgia-Pacific case inv more facil and alleged violations any other brought these Clean Air Act conditions Page 5 ------- Settlement lets government recover most of its costs, frees up funds for other s work OECA Echo/October-November 1996 $221.5 Million Cleanup Payment Makes BROS One of Superfund's Largest Settlements (Continued from Page 1) "Under that policy, EPA will, in appropriate cases, share in cleanup costs when some of the responsible private parties are defunct or fi- nancially insolvent. This reflects the government's common sense efforts to sub- stitute action for litigation." Lois Schiffer, assistant attorney general for environment and natural resources, noted the settlement assures cleanup of one of the country's messiest Superfund sites and was the result of "effective mediation led by an ex- perienced third-party neutral, along with a siz- able financial contribution by the federal government." Under terms of the agreement, the respon- sible parties will pay $115.5 million to EPA and NJDEP as reimbursement for past gov- ernment cleanup costs. The sum includes monies to be paid by the United States on be- half of the departments of Defense and Trans- portation, each of which allegedly sent waste to the site. Jeanne M. Fox, EPA region 2 administra- tor, said, "this settlement means that we have been able to recover a significant part of our federal cleanup costs. It also provides a mechanism for financing the remaining cleanup work, and frees up funds for use at other Superfund sites. The private companies will complete a study of the groundwater and wetlands con- tamination. EPA will select the remedy to ad- dress those areas, and the private companies will carry out the work with partial reim- bursement from the settling federal agencies. EPA and NJDEP will share groundwater cleanup costs with the settling parties if those costs exceed an amount set by a formula in the agreement. If the groundwater work costs less than that amount, most of the balance will be paid to EPA and NJDEP in further reim- bursement of the governments' past costs. The private companies also will be required to design and implement the selected wet- lands remedy. With funding from the settling federal agencies, the private parties will per- form that work until they have spent $10 mil- lion, plus interest. Costs beyond that amount will be borne by EPA and NJDEP. If the ac- tual cost of the wetlands work is less than that amount, the balance will be paid to EPA and NJDEP. Cleanup of the site has been carried out by EPA working with NJDEP, and is now nearly complete. From 1992 to 1996, more than 172,000 tons of hazardous waste from the former toxic lagoon were safely incinerated. The lagoon cleanup also included treatment of more than 190 million gallons of contami- nated water and the off-site disposal of 10,000 tons of contaminated debris. Other actions included the dismantling of a waste oil recycling facility and tank farm including 100 abandoned tanks containing a total of 400,000 gallons of waste. EPA and NJDEP also installed individual carbon fil- tration units for more than 30 families whose private wells had been contaminated by the site, and later constructed an alternate drink- ing water supply system for the public. GM Recall Underway Of Cadillacs That Violated Clean Air Act General Motors Corporation began no- tifying Cadillac owners in early September that it is recalling most Cadillacs with 4.9 liter engines manufactured between 1991 and 1995, EPA and DOJ announced. The recall, which will potentially affect 587,000 vehicles, will enable GM to replacea com- puter chip in the emission control system that causes carbon monoxide emissions up to three times the legal limit when the climate control sys- temisused. The new engine computer chip will reduce by more than 50 percent the carbon mon- oxide emitted by the Cadillacs when the climate control system is operated. GM has tested the new computer chip and determined that it will not affect the cars' driveability. GM agreed last November to recall the vehicles to settle the government's claims that the cars were violating the Clean Air Act. Approved by the U.S. District Court for the District of Co- lumbia in April the settlement also required GM to pay $11 million in civil penalties and to spend an additional $7.05 million on projects that reduce air pollution from automobiles. The chip to be replaced was installed in 4.9 liter Cadillacs after customers complained of stalling and other driveability problems. While the chip addressed the driveability problems, it led to so much extra fuel being burned that the cars' catalytic converter could not clean up the excess pollutants created by the engines. GM will notify owners of affected Cadillacs by letter to bring the car into their local Cadillac dealership to have the fix performed free of charge. The time needed to perform the fix should be less than 40 minutes. Page 6 ------- OECA Echo/October-November 1996 TSCA Compliance Initiative Closes After Assessing $19 Million in Penalties EPA reached a milestone in its efforts to gather reports of substantial risk from toxic chemicals with closure of one of its first in- dustry compliance incentive initiatives. The Toxic Substances Control Act (TSCA) section 8(e) Compliance Audit Program (CAP) offered companies reduced penalties for submitting previously unreported risk information. The agency assessed $19,032,000 in civil penalties against 73 companies that participated in CAP. TSCA section 8(e) requires companies that manufacture, process or distribute chemicals to inform EPA of any information that reason- ably supports the conclusion that a mixture or substance presents a "substantial risk of injury to health or the environment." Under CAP , EPA has received more than 11,000 previously unreported studies or reports from 89 compa- nies on chemicals that present a substantial risk of injury to health or the environment. The 73 companies will pay penalties as provided in CAP. The remaining 16 companies are un- der review for appropriate enforcement action. Congress enacted the reporting require- ment so government would have information about potential dangers of certain chemicals. EPA uses information about chemical hazards and risks to guide regulatory action which could prohibit manufacture and distribution of a particular chemical, limit its use, or the amount used, or require warning labels or record- keeping requirements. To participate in CAP, companies agreed to conduct an audit to determine their com- pliance status and to pay stipulated penalties for previously unreported studies. Penal- ties were limited to $15,000 per study involv- ing human health effects, and $6,000 for animal studies. The maximum penalty that would be assessed against any individual company was $1 million. One hundred and twenty three companies, including those engaged in chemical produc- tion and importation, petroleum refining, aerospace and electronic manufacturing, signed up to conduct internal chemical data audits. Of them, 34 had no outstanding 8(e) information due. The 11,000 studies submit- ted account for about 80 percent of all sub- missions received throughout the 8(e) program's history. The agency is reviewing the information to determine whether particu- lar chemicals or mixtures of chemicals war- rant further assessment and regulation. Much of the data also has been made available to the public. Under C 123 com- panies to conduct audits to determine compliance status and to pay stipulated penalties Mine Owner's Assets Frozen EPA and the Department of Justice, us- ing orders issued by the U.S. District Court in Den- ver and two Canadian courts, in August stopped a Colorado mine operator from taking S152 mil- lion in stock so that it will be available to pay for the clean-up of a hazardous waste site. The mine operator, Robert M. Fried land, had obtained the money through a merger of Dia- mond Fields Resources, Inc., in which he was a shareholder, with Inco, Ltd, a large Canadian min- eral exploration firm. The federal and state gov- ernments claimed Friedland operated a mine as an individual The governments sued Friedland to recover sufficient funds to clean up the Summitville Mine Superfund site, located about 25 miles south of Del Norte, Colorado. The site had been a heap leach gold min- ing opeation run by Friedland through Galactic Resources, Ltd., a Canadian-based mining com- pany, and two of its subsidiaries. The Galactic companies abandoned the site in December 1992, leaving the facility in imminent danger of releas- ing catastrophic amounts of metal and cyanide contaminants into the Alamosa River. EPA has been cleaning up the site since thattimc. Orders were served on Friedland while he was in the process of trading shares he owns in Diamond Fields, a company owning claims to significant mineral deposits, for shares of lnco, Ltd, a Canadian minora! exploration firm. DOJ took the unusual stop of filing its actions under seal in both the U.S. and Canadian courts to pre- vent Friedland from discovering the plan and aborting the stock trade. Friedland, who is believed to hold dual U.S and Canadian citizenship, now lives either in Singapore or Australia. Had he succeeded in completing the stock trade, he could have moved his assets to frustrate the ability of federal and state government to satisfy anticipated judg- ments. The next step in the litigation process is to determine Friedland's liability under U.S. Superfund clea nup statutes. Page 7 ------- OECA Echo/ October-November 1996 NETI's First Venture Into Satellite Training Reaches 103 Sites, More than 3000 Participants Program will be packaged into stand- alone video course, available in March. Page 8 EPA's National Enforcement Training Institute took a first step into the world of satel- lite technology with a highly successful train- ing program down-linked to 103 sites throughout the country on November 13-14. The broadcast, which reached an esti- mated 3,000 federal, state, local, and tribal envi- ronmental enforcement personnel in nine of EPA's regional offices and in 46 states, provided a course intended to help employees improve their ability to manage the negotiations process individually and as a team. Running four and a half hours each day, the program featured live discussion by a panel of experts, pre-recorded video clips of simulated negotiating situations which were followed by critiques by the panel, and on-the-spot answers to questions tele- phoned or faxed in by viewers. More than 250 questions were faxed in and about 20 calls were received. Questions came in from sites in small as well as large cities, an indication of the range of interest in the program. "The broadcast proved we can greatly increase the number of people we can reach through a single training session," said Gerald A. Bryan, NET1 director. "It greatly enhances the agency's goal of building partnerships with states and others. Satellite broadcasts are a cost- effective means of delivering training to large numbers of environmental field personnel." A year in development, the course is one of NETI's most ambitious attempts to spread the environmental message through distance-learn- ing technology. In addition to the live broadcast, a tape of the program will be packaged into a stand-alone video course, available in March. NETI used facilities of the Food and Drug Administration in Gaithersburg, MD to stage the live broadcast, which was interspersed by 16 pre-recorded segments of simulated situ- ations. On-site facilitors conducted mock nego- tiation sessions following the first day's broadcast. The exercises covered various tools and tactics used to reach settlement, ways to pre- pare, focus, and influence the negotiation pro- cess, and how to manage time wisely. The panel of recognized experts on ne- gotiation techniques consisted of Martha R. Steincamp, regional counsel for Region 7; David Janik, senior enforcement attorney and manager of Region 8's legal enforcement program; Barrett E. Benson, principal environmental engineer at EPA's National Enforcement Investigations Cen- ter in Denver; Janice Whitney, indigenous policy officer in Region 2; and Arthur W. Ray, deputy secretary of environment for Maryland. A tape of the program will be re-broad- cast December 12-13 at 12 noon to 4:30 pm EST to digital downlink sites serviced by AT&T. In addition to NETI, other sponsors of the program were the Northeast Environmen- tal Enforcement Project, the Midwest Environ- mental Enforcement Association, the Southern Environmental Enforcement Network, and the Western States Project. For specific information, contact Pro- duction Manager Lisa Nelson (202/564-2637), or Alice Mims (202/564-6069). &EPA U.S. Environmental Protection Agency- 2201A Washington, DC 2Q460 Official Business Penalty for Private Use $300 FIRST CLASS MAIL Postage and Fees Paid EPA G-35 ------- |