United States
Environmental Protection
Agency
Office of Site Remediation
Enforcement (2271 A)
Washington, DC 20460
&EPA cleanupnews
Summer 2001
EPA300-N-01-007
Issue #7
inside
Brownfields:
Shenandoah,VA
In the Courts:
llco
Findett
Libby Asbestos
Vertac
Chem-Nuclear
Accounts Receivable
Calendar
Whitman Presents Notable
Achievement Awards
The 2001 National Notable Achieve-
ment Awards Ceremony was held in
Arlington, Virginia, on April 25,
2001, recognizing outstanding achieve-
ments in the Superfund, Superfund
Enforcement, and RCRA Corrective
Action programs. This year an additional
component, Regional Science, was
included in the awards for innovative and
outstanding contributions to the science
of hazardous waste management includ-
ing the area of risk assessment.
In her welcoming remarks, Adminis-
trator Christine Todd Whitman noted: "It
is fitting that we meet during Earth Week
to recognize those regional staffers who
are out there in the field every day mak-
ing a real difference in the lives and health
and countless Americans." She also com-
mented on the "leadership, creativity, and
hard work of EPA Regional and HQ staff
and our State partners in implementing
the RCRA cleanup reforms. Whitman
quipped, "As I looked over the list of
continued on page 2
Cleanup News is a quarterly
newsletter highlighting
hazardous waste cleanup
cases, policies, settlements,
and technologies.
Brownfields Legislation Passes the Senate
On April 25,2001, the U.S. Senate voted unanimously (99-0) in favor of brownfields legislation.
The bill, S.350, amends CERCLA to promote the cleanup and reuse of brownfields, provide
financial assistance for brownfields revitalization, and enhance state response programs.
President Bush commended the Senate for its "bipartisan approach to this important environ-
mental reform," noting that "environmental reforms must set high standards and get results."
EPA Administrator Christine Whitman called the vote "very exciting news," and stated: "S.350
encourages brownfields redevelopment by clarifying Superfund liability and funding brown-
fields cleanups that will make our communities safer and cleaner. This bill reflects the Bush
Administration's belief that environmental protection and economic prosperity do go hand in
hand. The vote is an overwhelming endorsement of brownfields programs that: strengthen
partnerships among states and local community groups and developers; improve public
health; boost local property tax rolls and provide jobs. I look forward to working with the House
to earn its bipartisan endorsement of brownfields legislation."
Printed on recycled paper
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Achievement Awards
continued from page 1
today's winners, I couldn't help but
think that maybe I don't have the
toughest job at EPA after all... even
though there are times we have
messes to clean up, they're nothing
like the messes you find out in the
field!" Whitman expressed the
Agency's appreciation to the award
winners:
"I know from first-hand experi-
ence how hard your job is and how
important you are to the people
whose communities you are restor-
ing to environmental health. Your
jobs are rarely easy. When it comes
to cleaning up a contaminated site,
those who live nearby think it can
never be done fast or cheaply
enough. We would think the same
thing if we were in their shoes.
But we also know that the work
you do has to be done right - and
that rarely allows for quick, cheap
fixes. By doing it right, however,
you are making sure that the
health of the people you serve is
protected based on the best possi-
ble science and technology avail-
able, in the most efficient and
effective manner. Your commit-
ment to excellence has earned a
real sense of pride, not just in your-
selves, but in all of us who have the
honor to work with you."
Since its inception in the late 1980s,
the National Notable Achievement
Awards program has expanded to rec-
ognize the growing emphasis on team-
work, to reflect changes in the Super-
fund program, and to include the
entire hazardous waste management
family. All 10 EPA Regions participate
in the Awards program. A total of 123
nominations were submitted for the 22
awards presented. Recipients were
recognized with plaques and mone-
tary awards.
Superfund Legal Enforcer of the Year
Arthur Haubenstock, Region 9
Arthur Haubenstock is this year's recipient of the Legal Enforcer
of the Year, awarded for his work in crafting the largest and most
complex brownfields agreement in EPA history. The Operating
Industries, Inc. (Oil) Site, a 190-acre landfill in Monterey Park, Cal-
ifornia, disposed of over 300 million gallons of liquid industrial
wastes and a large amount of municipal waste, and posed a
threat of leachate migration, landfill gas emissions, and ground-
water contamination. The landfill, now closed, is bisected by the
Pomona Freeway into a North Parcel, which has significant
potential for productive future use, and a South Parcel. Hauben-
stock's OH settlement resolved a number of parties' liabilities
while utilizing many innovative administrative reforms.
Haubenstock determined that the OH owner/operator was not
able to contribute its "fair share" of the settlement, and that its
most significant asset was the property itself, so he established
that conveyance of the parcel combined with a cash payment to
the custodial trust account was the most equitable resolution of
liability. The settlement also resolved the liability of generator
PRPs for the North Parcel by committing the generator group to
create a custodial trust, hold title to the landfill property, and agree
to do additional response activities on both the North and South
Parcels. They will also perform the operation and maintenance of
the landfill cap to be implemented by the developer/prospective
purchaser. Funds from the custodial account may be used for
remediation of the South Parcel, which the generator PRPs have
agreed to undertake under prior consent decrees.
Haubenstock also came up with a creative solution to resolve
the liability of one of the de minimis generator PRPs, Goodwill
Industries, by allowing Goodwill to staff an on-site repository for
15 months - equivalent in value of labor to the amount necessary
to settle its liability. Goodwill will also be able to provide employ-
ment training in information services.
Haubenstock's tireless efforts in weaving together a myriad of
issues, mediating disputes, and finding creative solutions to
potential deal-stopping problems resulted in a settlement that
was not only beneficial to the Agency and the environment, but
was lauded by all the parties and local governments as well.
Superfund Outstanding Achievement
Lauren Volpini, Region 9
Lauren Volpini, a bilingual member of EPA Region 9's Chemical
Emergency Prevention and Preparedness Team, received the Out-
standing Achievement Award for her work on the U.S./Mexico
Border Emergency Planning program, which has significantly
increased chemical safety along Region 9's border with Mexico.
Until Volpini stepped in. Region 9 had a relatively limited relation-
ship with the numerous emergency planning and response
stakeholders in the border area. Volpini demonstrated how the
U.S./Mexico border area poses unique and potentially cata-
strophic risks to the residents, fragile environments, high risk
businesses, tourism, and commercial rail and truck traffic.
In less than one year, Volpini's work resulted in the mayors of
the four Sister Cities signing the first Binational Emergency Pre-
vention and Response Agreement and establishing cross-border
emergency planning committees. She successfully negotiated
these agreements in two languages, with diverse U.S. and Mexico
Cleanup News
-------
counterparts at the municipal, county, state, and federal levels.
Volpini assumed overall responsibility for plan research and
development, accurate language translation of numerous bilin-
gual drafts, plan production and distribution, and formal ceremo-
nial arrangements involving transborder customs and immigra-
tion issues. To launch the agreements and plans, she coordinated
well attended, high profile binational ceremonies, which required
sensitive Customs and Immigration arrangements and protocols
that respected cultural differences and expectations. The suc-
cessful ceremonies were captured by numerous print, radio, and
televised accounts and interviews.
Volpini also obtained end-of-year unspent monies provided to
Region 9 by the Office of International Activities and drafted three
individual grant proposals for the Arizona border cities of Dou-
glas, Nogales, and San Luis, including the purchase and loan of
emergency communications equipment to the grantees' respec-
tive Mexican counterparts. Volpini obtained additional funding to
deliver a variety of bilingual emergency response training and
hazmat exercise design courses. She even found a way to pro-
vide scholarships to cover registration, travel, and per diems for
12 border emergency responders to attend California's week-
long hazmat training conference. As a result of Volpini's efforts,
EPA and Mexico agreed to collaborate to identify and character-
ize border tire piles and take measures to prevent tire fires. Pub-
lic meetings were held to provide outreach to community partic-
ipants and leaders from both sides of the border.
And the winners are...
Superfund Awards
Superfund Remedial Project Manager of the Year:
D, Mark Doolan, Region 7
Superfund On-Scene Coordinator of the Year:
Tien Nguyen, Region 8
Superfund Community Involvement
Coordinator of the Year:
Ann C. Rychlenski, Region 2
Superfund Site Assessment Manager
of the Year:
Monica R, Tonel, Region 10
Superfund Leader/Mentor of the Year:
Elizabeth J. Adams, Region 9
Superfund Outstanding Achievement:
Lauren Volpini, Region 9
Superfund Team of the Year:
Hudson River PCBs Site Team, Region 2
Commencement Bay Nearshore/Tideflats Team,
Region 10
Superfund Enforcement Awards
Superfund Legal Enforcer of the Year:
Arthur L. Haubenstock, Region 9
Superfund Technical Enforcer of the Year:
Laura Janson, Region 3
Superfund Financial Management Team of the
Year:
Leslie Peterson and Courtney McEnery, Region 2
Superfund Enforcement Team of the Year:
Montrose Team, Region 9
RCRA Corrective Action Awards
Outstanding Stakeholder Involvement:
Diane Lynn Sanelli, Region 8
Outstanding RCRA Team of the Year:
Former Amoco Refinery Site Team, Region 7
Outstanding Use of Environmental Indicators:
William F. Lowe, Region 7
Outstanding RCRA Team of the Year:
Tennessee Team, Region 4
Faster, Focused, More Flexible Cleanup:
Tamara Ohl, Region 5
Anna Filutowski, Region 10
Outstanding RCRA Teams of the Year:
Indoor Air Action Team, Region 8
BKK Landfill Team, Region 9
Regional Science
Science Individual:
Marian Olsen, Region 2
Science Team:
Ground Water/Surface Water Transition Zone Assess-
ment Team, Region 10
For more information, visit: http://www.epa.gov/superfund/
new/award s/index.htm
Cleanup News
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Shenandoah Uses Brownfields Pilots
to Plot a New Future
rith help from the EPA
brownfields pilot program,
Shenandoah, Virginia, is
planning its new future. In July 1998,
Shenandoah was selected for a
$200,000 brownfields pilot to assess,
clean up, and redevelop a former
iron smelter site that has lain idle for
90 years in the center of town.
Shenandoah's economic fortunes
have declined since its heyday as an
iron-based industrial center and rail-
road transportation hub. Unemploy-
ment has been running at over 10 per-
cent, and the poverty rate is over 13
percent. In addition, there is very little
land available for commercial or indus-
trial enterprise. One of the most obvi-
ous problems is the 66-acre tract in the
center of town that used to be the home
of the Big Gem Cast Iron Furnace,
once the principal producer of iron in
the area. More recently, a municipal
dump was located on the site.
"Everyone drove by it and knew it
was there," described Eddie Bum-
baugh, one of the two EPA-spon-
sored facilitators for the project.
'There was a little pond so kids
sometimes took their bikes along
there. But most people assumed it
was polluted and stayed away. Dis-
cussions developed that perhaps the
site could be usable, and could be
developed for the benefit of the town.
But one of the barriers was getting
people to believe that something
would actually happen. Part of it was
the concern over residual contamina-
tion; even more was the amount of
money needed. The residents didn't
believe that a town as small as
Shenandoah could attract state or
federal agency attention for the
amount of money needed." As it
turned out, an intern from James
Madison University working in the
town learned of the brownfields pro-
gram and worked with a councilman
to obtain brownfields funding.
Brownfields Assessment
Pilots Receive $38 Million
EPA Administrator Christine Todd Whitman announced awards of $38 million to 90
communities around the country for brownfields pilot awards for assessments and
cleanup. Appearing at a ceremony in April 2001 with District of Columbia Mayor
Anthony Williams, Whitman awarded DC a $100,000 Brownfields Assessment Demon-
stration Pilot to supplement the process of assessing the contamination of abandoned
properties in the District. Whitman said, "This year we've included provisions for the
evaluation, protection and preservation of "greenspace" parks, playgrounds, trails,
gardens, habitat restoration, and open space. Rather than continue to neglect these
abandoned properties, these grants spur partnerships among state, local, community
groups, investors and developers to create jobs and get the work done."
Since its inception in 1993, the brownfields program has provided over $162 mil-
lion in grants with an estimated $2.9 billion leveraged and over 11,000 jobs created.
For more information, contact Bonnie Piper at 202-564-4355, or visit the brown-
fields website at www.epa.gov/brownfields.
Defining a Vision
Funding was important, but equally
important was developing a consen-
sus about what should replace the
brownfields tract. "Although the
town managers had done a great job
moving this forward, the community
wasn't sure what it wanted to see in
the center of town," notes Lee Scharf,
Alternative Dispute Resolution Spe-
cialist in EPA's Office of Site Remedi-
ation Enforcement. "We thought we
could help by bringing in facilitators
to assist the community in envision-
ing its future. We particularly wanted
facilitators from the local area, and
we found two: Frank Dukes from the
University of Virginia and Eddie
Bumbaugh from the Community
Mediation Center in Harrisonburg,
VA At the first meeting, we didn't
know if there would be any interest at
all - but 80 people showed up!"
With a core group of six towns-
people, a steering committee was
formed with three working subcom-
mittees. An advisory committee of
outside people was also organized to
serve as a resource for the commu-
nity. Every few months an open meet-
ing was held to inform the commu-
nity of plans. A professor at nearby
James Madison University brought in
his students to help develop options
and ideas for the community to con-
sider. The steering committee even-
tually hired a landscape architect
from the University of Virginia to
develop a more specific plan based
on the community's input.
The end result blended a lot of
diverse ideas into what is now
expected to be the Big Gem Furnace
4 Cleanup News
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Shenandoah town meeting on the brownfields pilot, August 26,1999.
Historical Park, with camping
grounds and a multiuse trail connect-
ing adjacent neighborhoods, the
Shenandoah River, and possibly the
Shenandoah National Park. The town
believes this redevelopment will
attract a significant amount of the ris-
ing heritage tourism industry in the
Shenandoah Valley and create much-
needed jobs.
According to Charles Meek,
Shenandoah's Economic Develop-
ment Director, the town has just com-
pleted the Phase 2 Environmental
Site Assessment. Some elevated lev-
els of metals were found but no sig-
nificant contamination. EPA will
review the town's final report and
either suggest certain cleanup mea-
sures or write the town a comfort let-
ter stating that EPA does not foresee
the need for more work.
Although the lengthy site assess-
ment phase has slowed the town's
momentum, it has also allowed time
for an interesting development. After
attending the public meetings, some
of the residents of Shenandoah
became so enthusiastic about facilita-
tion that they asked to be trained as
facilitators. With some additional
funding, EPA coordinator Lee Scharf
arranged for Bumbaugh and Dukes
to design a facilitation training pro-
gram for members of the community
so they could manage any conflicts
that might arise later in the process.
Three workshops were held, cover-
ing topics such as communication
and consensus building, conflict res-
olution, facilitating meetings, dealing
with groups, and public speaking.
Bumbaugh was amazed at the
response from the community:
'Twenty people showed up for the
workshops; this is out of a town pop-
ulation of less than 2000." The train-
ing materials used in the workshops
will be made available to other com-
munities over the next few months.
As the town gets ready for rede-
velopment work to begin, there are
kudos all around. 'This facilitation
pilot has proven to be even more
exciting than I had hoped," said Lee
Scharf. Charles Meek also reported
good feeling in the town: 'The whole
project really galvanized the commu-
nity. It has empowered the citizens to
help the town come up with a reuse
plan that was both feasible and
desired by the community."
For more information, contact
Lee Scharf at 202-564-5143 or
scharf.lee@epa.gov.
Conflict and
ADR
Shenandoah's experience with facilitation is just one of a number of successful appli-
cations of alternative dispute resolution (ADR) techniques to environmental and other
disputes. ADR techniques can help in developing innovative, long-term, and pragmatic
ways of resolving conflicts, with reduced transaction costs. If you're looking for facili-
tation or other forms of ADR assistance, a good place to start is the new website of
EPA's Conflict Prevention and Resolution Center, www.epa.gov/adr. The Center makes
ADR services available to EPA programs in Headquarters and the Regions, as well as
external stakeholders (e.g., state agencies, industry, environmental advocacy groups)
and EPA managers and staff. Building on existing ADR efforts at EPA, the Center can
assist in developing effective ways to anticipate, prevent, and resolve disputes, and can
make neutral third parties more readily available for those purposes. The website
offers help in locating a mediator or facilitator, as well as information on training oppor-
tunities and ADR policy at EPA.
Cleanup News
-------
Alabama District
Court Issues Adverse
CERCLA Ruling in
ILCO Superfund Site
,n April 5,2001, the U.S. District
•Court for the Northern District
'of Alabama issued a ruling in
the consolidated action entailing U.S.
v. Mountain Metal Company, et al.
(Civil Action No. 98-C-2562-S) and
Exide Corporation and Johnson Con-
trols, Inc. v. Aaron Scrap Metals, et al.
(Civil Action No. 98-C-2886-S), related
to the Interstate Lead Company
(ILCO) Superfund site. [U.S. vs.
Mountain Metal Co., 2001 WL 377241
(N.D.Ala. 2001)] The site, located in
Leeds, Alabama, consists of the ILCO
plant, a battery recycling and sec-
ondary lead smelting facility, and
seven satellite sites where lead conta-
minated furnace slag and other lead
contaminated waste from the ILCO
facility were disposed.
Judge Clemon found the defendant
Jowers Battery liable under Section
107 (a) (3) of CERCLA for sending
spent lead-acid batteries to the ILCO
site and found the defendant
Madewell and Madewell and consoli-
dation defendant Lion Metals not
liable under Section 107 (a) (3) of CER-
CLA for sending only battery plates to
the ILCO Site.
With respect to Jowers Battery, the
court followed the existing case law
holding that Jowers did not sell a
"useful product" to ILCO. The court
focused specifically on the fact that the
EPA's Cost Recovery Case Against Findett Not "Time Barred:" A ruling favorable
to EPA was issued in August 2000 by the Eighth Circuit affirming that the govern-
ment's cost recovery action for the Hayford Bridge Road Site in St. Charles, MO, was
not "time barred" under CERCLA Section 113(g)(2). On the merits of the cost recov-
ery action, the court was not persuaded by Findett's argument that EPA had failed
to adequately document its costs and that the costs were inconsistent with the
National Contingency Plan. Contact: David Dowton, 202-564-4228 [U.S. v. Findett
Corp., 220 F.3d 842,8th Cir., Aug. 3,2000]
Judge Grants Immediate Access to Libby Asbestos Site: On March 9, 2001, a
judge granted EPA full and immediate access to certain properties around Libby, MT,
owned or controlled by defendants W.R. Grace and Kootenai Development Corpora-
tion in order to clean up asbestos contamination. EPA had been denied access since
July 2000. Contact: Steve Bolts, 202-564-4217.
Eighth Circuit Remands Vertac Case to District Court: On April 10,2001, the Eighth
Circuit Court of Appeals reversed a district court decision (1) awarding the United
States over $100 million in reimbursement costs for the Vertac Chemical Corporation
Superfund Site and (2) allocating responsibility for such costs between Hercules, Inc.
and Uniroyal Chemical Limited. The Court of Appeals was critical of the summary man-
ner in which the district court rejected Hercules' divisibility arguments. Contact: Steve
Bolts, 202-564-4217. [U.S. v. Hercules, Inc., No. 99-3684,8th Cir.,2001]
Chem-Nuclear Petition for Reimbursement Denied: On March 26,2001, Ihe Dis-
trict Court granted EPA's motion for final judgment and denied Chem-Nuclear's peti-
tion for reimbursement of $2,557,989 under CERCLA Section 106(b) in connection
with the Basket Creek Drum Disposal Site located in Douglas County, GA. Contact:
Benjamin Lammie, 202-564-7126. [Chem-Nuclear Systems, Inc. et al. v. Bush, et al..
No. 96-1233, D.D.C., Mar. 26, 2001)]
batteries had to be broken open and
the lead plates recovered. This process
was found to amount to a treatment of
a hazardous substance as defined by
CERCLA In contrast, the court held
that Madewell and Lion Metals sold
useful products that did not have to be
broken open by ILCO, thereby avoid-
ing creation of the waste problem that
batteries generally create.
With respect to Madewell and Lion
Metals, the court found that, "While
the batteries themselves were no
longer useful for their original
intended purpose, the lead plates were
in a form that allowed ILCO to place
them directly in the furnace for smelt-
ing. As such they constituted a 'com-
plete useful product' or raw material
for processing rather than disposal."
The court was not persuaded by the
United States' argument that the lead
plates still required treatment for resid-
ual amounts of sulfuric acid.
The court distinguished the prior
Eleventh Circuit ILCO ruling by stating
that that case focused on the RCRA reg-
ulations and not CERCLA liability. (See
U.S. v. ILCO, Inc., 996 E2d 1126 (llth
Cir. 1993).) In addition, the court noted
that the prior Eleventh Circuit decision
never discussed the acquisition by
LLCO of lead plates only. Instead, the
Eleventh Circuit had focused on the
batteries and the need to crack them
open and remove the raw materials.
The court also discussed applica-
bility of the Superfund Recycling
Equity Act (SREA) to the two cases.
The exemption was held to be inap-
plicable to the United States' case
because its action was pending at the
enactment of the SREA However, the
court found that SREA's provisions
had retroactive effect as to the private
party plaintiffs' case. With regard to
lead plates, the court held that the
recycling of lead plates is a defense to
continued on page 7
Cleanup News
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Accounts Receivable Get Special Attention
of the Superfund Enforce-
ment program's continuing
"high priorities for FY 2001 is to
improve its fiscal management of the
Superfund program.
Section 107 of CERCLA authorizes
EPA to recover all federal costs,
including oversight, associated with
cleaning up a Superfund site. This
authority is instrumental in replenish-
ing the Superfund Trust Fund. Since
the beginning of the Superfund pro-
gram, EPA has obtained over $4 bil-
lion in commitments from PRPs and
court ordered judgments against
PRPs to reimburse the Agency for
past costs, as well as oversight costs,
fines, penalties, and cash-out settle-
ment for future response work.
Since FY 1998, OSRE has worked
collaboratively with the Office of the
Chief Financial Officer (OCFO) to
complete several initiatives to
enhance the collection of Superfund
accounts receivable. In FY 2000, in
conjunction with the Office of the
Inspector General, OSRE and OCFO
reviewed EPAs management of the
Superfund accounts receivable
process in Regions 1, 5, and 6. The
reviews were intended to identify best
practices that facilitate the manage-
ment and collection of delinquent
Superfund receivables; and to develop
recommendations for improving
and/or streamlining the accounts
receivable management process by
EPA Headquarters, Regions, and the
Department of Justice (DOJ).
In January 2001, the three offices
jointly issued a report which consoli-
dated findings from the three
Regional reports and suggested rec-
ommendations for improving the
management of Superfund accounts
receivable in four areas:
• Timely and accurate recording of
Superfund accounts receivable;
• Internal communications;
• National and regional data man-
agement/data quality; and
• Enforcement and collection of
delinquent debt and write-off.
OSRE continues to work with DOJ
to reconcile DOJ's accounts receiv-
able tracking system with all open
Superfund accounts receivable for
which EPAs Integrated Financial
Management System indicates that
DOJ has collection responsibility.
OSRE issued interim guidance in
2000 on referring delinquent Super-
fund debts and plans to issue guid-
ance later this year outlining proce-
dures for compromising CERCLA
debt.
In FY 2001, OSRE and OCFO con-
ducted Accounts Receivable Manage-
ment Reviews in Regions 2 and 4, and
an additional review is scheduled for
Region 8 in August.
At OECAs Seventh Annual Awards
Ceremony on May 1, the Superfund
Accounts Receivable Team received a
group bronze medal in recognition of
the team's perseverance and hard
work to improve the accounts receiv-
able management process.
Contacts: Bruce Pumphrey, 202-
564-6076.
IntheCouts
continued from page 6
arranger liability under CERCLA, as
lead plates are not excluded from the
definition of "scrap metal" as a "recy-
clable material" under SREA The
court found that both Lion Metals and
Madewell met the exemption require-
ments under SREA, and were not
excluded from the exemption by sub-
section (f), in that the private party
plaintiffs were unable to show that
either defendant had an objectively
reasonable basis to believe that ILCO
was not in compliance with environ-
mental laws at the time they sold their
lead plates to ILCO. (See CERCLA
Section 127(0.) The court also found
Jowers to be exempt under SREA,
finding that batteries (while not a "use-
ful product") are recyclable material
under the exemption. The court also
found Jowers not to be excluded by
subsection (f) of the exemption for the
same reasons as it found neither
Madewell nor Lion Metals to be
excluded (i.e., no objectively reason-
able basis...). Finally, the court ruled
that the attorney fees provisions under
SREA did not apply because, "there
was no notice to the plaintiffs of the
fee- shifting provision before the com-
mencement of this action."
The court found that Madewell and
Lion Metals were not liable to the
United States or the work party defen-
dants, and dismissed the govern-
ment's and the work party defendants'
claims with prejudice. The court deter-
mined, however, that Jowers Battery is
liable to the United States for its past
and future environmental cleanup
costs incurred or to be incurred at the
ILCO site and that the case shall pro-
ceed against Jowers on the issue of
damages. The court also awarded
Madewell and Lion Metals their tax-
able costs against the United States.
The private party plaintiffs (work
party defendants) filed an appeal of
this decision on May 3,2001. For more
information, contact Meredith
McLean at 202-564-4216.
Cleanup News
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September 24 - 26, 2OO1
Brownfields 2001 Conference
Chicago, IL
Sponsors: Engineers' Society of Western Pennsylva-
nia, U.S. EPA, City of Chicago Brownfields Initiative
More ;n/brmaf/on:www.brownfields2001 .org
Contact: Molly Wenner, brownfields2001 @dyncorp.
com, tel: 1-877-343-5374 (toll free)
Glossary
SWITCH TO E-MAIL!!!
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it at your convenience. Presently, EPA employees
only receive an electronic version. Please send
your name and e-mail address to Robert France
at rfrance@scicomm.com or fax to 301-652-
7001. Cleanup News is available on the web at
www.epa.gov/oeca/osre.
ADR Alternative Dispute Resolution
CERCLA Comprehensive Environmental
Response, Compensation, and
Liability Act (Superfund law)
HQ Headquarters
NCP National Contingency Plan
NPL National Priorities List
(Superfund)
OECA Office of Enforcement and
Compliance Assurance
cleanup
Cleanup News is a quarterly publication of EPA's
Office of Site Remediation Enforcement, in cooper-
ation with the Office of Emergency and Remedial
Response, Office of Underground Storage Tanks,
Chemical Emergency Preparedness and Prevention
Office, and the Technology Innovation Office.
OERR
OSRE
PRP
RCRA
SREA
Office of Emergency and
Remedial Reponse (EPA)
Office of Site Remediation
Enforcement
Potentially Responsible Party
Resource Conservation and
Recovery Act (hazardous
waste)
Superfund Recycling Equity Act
Rick Popino, Ph.D., editor
EPA Review Board: Rick Popino, Paul Connor,
Karen Ellenberger, Ken Patterson, Helen
DuTeau, Jeff Heimerman, Carole Macko
Cameron
Gilah Langner, writer
Robin Foster, SciComm Inc., designer
To comment on the newsletter, contact Rick Popino at MC-2271A, U.S. EPA, 401 M Street
SW, Washington, DC 20460, e-mail: popino.rick@epa.gov.
For mailing list inquiries, contact Robert France, SciComm Inc., 7735 Old Georgetown Rd,
5th Floor, Bethesda, MD 20814, fax: 301-652-7001, e-mail: rfrance@scicomm.com.
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