United States
                     Environmental Protection
                     Agency
              Office of Site Remediation
              Enforcement (2271 A)
              Washington, DC 20460
&EPA    cleanupnews
Winter 2002
EPA 300-N-02-005
Issue #9
  inside

  News           2
  Co-Located Sites in Lowell,
   MA Offer Opportunity for
   Coordination     3
  In the Courts:       4
   Kayser-Roth Corp.
   3M, Krejci Dump Site
   V-1 Oil Company
   Private Lawsuits
  Calendar         8
 CleanupNews fe a quarterly
 newsletter highlighting
 hazardous waste cleanup
 cases, policies, settlements,
 and technologies.
                                                         Looking on as President Bush signs the Brownfields
                                                         legislation are (L-R): Rep. Paul Gillmor, R-OH; Rep.
                                                         Robert Borski, D-PA; State Attorney General Mike
                                                         Fisher; EPA Administrator Christine Todd Whitman;
                                                         Rep. Joseph Hoeffel, D-PA; and Pennsylvania Gover-
                                                         nor Mark Schweiker. (AP Photo/Ron Edmonds)
President Signs  New

Brownf ields Legislation

     On January 11,2002, President
     Bush visited the Millennium
     Corporate Center in Con-
shohocken, Pennsylvania to sign
bipartisan  legislation that  will
encourage the cleanup and redevel-
opment of old industrial properties.
Congress  approved the bipartisan
bill without opposition in December
2001. The Small Business Liability
Relief and Brownfields Revitalization
Act will help clean up the environ-
ment, create new jobs, return pro-
ductive property to local tax rolls,
and protect small businesses from frivolous lawsuits.
  Brownfields are abandoned or underutilized industrial or commercial properties
where redevelopment is hindered by possible environmental contamination and poten-
tial liability under Superfund for parties that purchase or operate these sites. EPA esti-
mates that between 500,000 and one million                continued on page 6


EPA  Signs  Final Cleanup

Plan  for  Hudson River
Plan Makes Public Involvement a Top Priority

     On February 1, 2002, EPA Administrator Christine Todd Whitman and Regional
     Administrator Jane Kenny took a major step toward a healthier Hudson River by
     signing a Record of Decision (ROD) on a cleanup plan for the river. The final plan
calls for dredging 2.65 million cubic yards of contaminated sediment from a  40-mile
stretch of the upper Hudson to remove an estimated 150,000 pounds of polychlorinated
biphenyls (PCBs). EPA also announced that it will establish a field office in the upper
Hudson region staffed by an experienced senior manager to coordinate design activities
in concert with the community.
  'The Hudson River is a national treasure and this plan brings us closer to one of my
overall goals - leaving our water purer for future generations" said Whitman. "We are
moving ahead with this cleanup using an open process and     continued on page 2
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   "Fundamentals of
   Environmental
   Justice Workshop"
   Train-the-Trainer
   Forum
A         November 2001  'Train-the-
         Trainer"   forum   brought
         together 35 people represent-
   ing EPA, state partners  (California,
   Florida,  Minnesota,  Missouri, New
   York,  Rhode Island), and diverse
   stakeholders (community, tribal, and
   faith-based  organizations,  academia,
   and industry) to learn the fundamen-
   tals of environmental justice. The
   forum was held in Boston at the EPA
   New England offices, capping a year-
   and-a-half effort to develop and imple-
   ment the workshop.  Participants are
   trained to identify and address envi-
   ronmental justice issues at work and
   in communities, and to promote col-
laborative partnerships. In the next
12 months, trainers will lead more
than 140 workshops and train more
than 3,000 people from EPA other fed-
eral agencies, states, tribes, communi-
ties,  and industry  in this  nationally
consistent, high  quality curriculum.
At the  conclusion of the  forum,
Regional Administrator Robert Varney
announced that his 800 employees will
participate in an appropriately tailored
version  of the workshop.  For more
information, contact Nicholas Targ at
202-564-2406.

$2 Million  in
Brownf ields Job
Training
In December 2001, EPA Administrator
Christine Todd Whitman announced $2
million in grants to provide environ-
mental job training at brownfields sites
in nine states and Washington, B.C. Job
skills learned in the course of brown-
fields  cleanup  will  help  participants
pursue careers in the environmental
field,  noted Administrator Whitman.
The ten new Job Training Demonstra-
tion Pilot Projects  in the District of
Columbia,  Ohio, Rhode Island, Mon-
tana, Iowa, Indiana, Delaware, South
Carolina, Washington, and New York
 will be funded at $200,000 and are
targeted at individuals living  in low-
income areas in the vicinity of brown-
fields sites. Most participants who suc-
cessfully   complete  the  training
program go on to pursue careers with
environmental firms and organizations.
Since the program started in 1998, 566
trainees have been hired at an average
hourly entry-level wage of $12.12. For
more   information,  contact   Doris
Thompson at 202-2604483.
   EPA Signs Final Cleanup Plan
   for Hudson River
   continued from page 1

   will incorporate  performance standards that promote
   accountability and ensure that we are protecting  human
   health and the environment."
     A 200-mile portion of the Hudson River was declared a
   federal Superfund site in 1984 because of widespread PCB
   contamination over a 30-year period from two General Elec-
   tric plants in Fort Edward and Hudson Falls, New York. The
   PCBs have bioaccumulated in fish and pose a potential risk
   of cancer and other health problems for the people who eat
   them.  The final ROD on a plan to clean up the river was
   developed after years of scientific study and with extensive
   public input.  Continuing discharges of PCBs into the river
   from General Electric facilities remain a concern. General
   Electric is expected to take actions to control a major source
   of PCBs coming from  its Hudson Falls plant during the
   design period for EPAs cleanup plan.
     The design phase of the project   expected  to take
   three  years   will  include the  development of  perfor-
   mance standards and the siting of dewatering facilities in
   consultation with a broad range of stakeholders. Two stan-
   dards   for air quality and noise  are included in the
                  ROD, consistent with state and federal law.  Enforceable
                  performance standards for re-suspension  and production
                  rates during dredging will be developed in the first year of
                  the design phase, with input from the public, in consulta-
                  tion with state and federal natural resource trustees, and
                  subject to an  independent scientific peer  review. In addi-
                  tion, EPA will monitor PCB levels in fish and restoration of
                  aquatic vegetation. The standards will promote account-
                  ability and ensure that the cleanup meets  the human and
                  environmental protection objectives of the  ROD.
                     A key element of the ROD is the commitment to a rigor-
                  ous and meaningful community involvement program. EPA
                  will bring together elected officials, community groups, key
                  environmental organizations, and members of the public to
                  take a fresh look at  the community involvement process.
                  EPA will hold a series of facilitated sessions to develop a
                  workable process. Jane Kenny will host public meetings in
                  Saratoga Springs and in Poughkeepsie to discuss the ROD
                  and next steps.  EPA will  continue  to keep the  public
                  informed throughout the project through a list server, public
                  meetings, fact sheets, and regular updates to the EPA Hud-
                  son River Web site. Copies of the final ROD and a summary
                  of responses to the 70,000 public comments are available at
                  www.epa.gov/hudson and at  16  information  repositories
                  listed on the Web site.
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Co-Located  Sites  in   Lowell,   MA  Offer
Opportunity  for  Coordination
        What happens when a brown-
        fields site is located near a
        Superfund site?  You get a
"co-located" site and a lot of interesting
things can happen. With a pilot project
in Lowell, MA, EPA  is  exploring
whether facilitators can help galvanize
a community in planning for the rede-
velopment  of Superfund and brown-
fields sites together.
   From a holistic point of view, there
are often obvious advantages to consid-
ering co-located sites at the same time.
Until now, however, EPAs brownfields
and Superfund programs have avoided
overlap and communities have under-
stood  that the government's grant
funding process keeps the programs
separate. The result  has usually been
an active focus on redevelopment of
the brownfields property, while reuse
of the nearby  or adjacent  Superfund
site is not addressed at all.
   At the Tanner Street industrial area
in Lowell,  MA, EPA is  aiming to
change that pattern. The project has
two broad goals:
  To demonstrate  how a facilitator
   can bring  together community
   interests in developing brownfields
   and reuse of Superfund sites.
  To   examine   what  synergies
   emerge in the reuse of a Super-
   fund site, and the development of a
   brownfields site.
   As part of the pilot project, the facil-
itator was charged with interviewing
key influential leaders, convening com-
munity groups to build a coalition for
action, facilitating a dialogue between
the groups,  and identifying  other
resources that could assist an emerg-
ing coalition accomplish its  mission.
Lee Scharf, EPA coordinator for Alter-
native Dispute Resolution (ADR) pro-
Tanner Street, Lowell, MA

jects,  noted,  "This is an important
opportunity for two programs to coor-
dinate."
   Facilitation has frequently been
used at  both brownfields sites and
Superfund reuse sites to work  with
community groups to help resolve dif-
ferences. Facilitation is often a reactive
activity,  however, brought into  the
redevelopment efforts to assist groups
in moving past a sticking point. Facili-
tators usually end up assisting  the
community in modifying, rather  than
developing, proposals. By contrast, in
Lowell, facilitators have been involved
from the beginning of the project to
identify alternative pathways that have
the greatest likelihood of success.


Tanner Street
The Tanner Street area in Lowell, MA
is an old industrial road, in the middle
of which sits the Silresim Superfund
site,  considered one  of the worst
Superfund sites in Massachusetts.
Listed in 1983, the Silresim site con-
sists  of the original five-acre source
site that  Silresim Chemical Company
occupied, and 22 acres of properties
located over a contaminated ground
water plume. Extensive  removal of
         stacked  barrels of chemi-
         cals took place shortly after
         the site  was listed. A tem-
         porary cap is currently on
         the source site. The origi-
         nal remedy proposed  to
         treat  the  ground water
         plume with a  soil vapor
         extraction  system  to pull
         back  the volatile organic
         compounds in the plume.
This treatment has not worked, and, in
the  meanwhile,  the  plume  has
expanded. Extraction wells  recently
installed at the leading edge of the
plume  are  expected to  halt the
progress of the plume while EPA sorts
through the best approach to cleanup.
Ground water treatment is likely to be
underway on the site for a number of
years. The final cap on the land area
may not be installed for another three
to five years.
   The  remainder  of Tanner Street
consists of industrial lands  brown-
fields sites  that  the city of Lowell
considers underutilized. This is the
last property in the  city zoned  for
heavy industrial use, and it is occupied
by a number of small businesses, some
of which are heavy polluters. The City
has a tax title interest in several Tanner
Street properties. Some of the busi-
nesses  on Tanner  Street have been
there for some time, including a 127-
year old iron and steel fabrication facil-
ity, several smaller holdings associated
with auto repair, and several junk deal-
ers. Tanner Street is directly adjacent
to a major transportation artery (the
Lowell Connector)  with good access
and egress. The Tanner Street indus-
trial area also directly abuts a moderate
to low  income residential neighbor-
                 continued on page 7
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   First Circuit  Rules on
   Liability of Parent
   Corporation  for
   Contamination
   Caused by Subsidiary
   in U.S.  v. Kayser-Roth
         On December 3,2001, the United
         States Court of Appeals for the
         First Circuit issued a favorable
   decision affirming a district court's rul-
   ing that Kayser-Roth Corporation not
   be allowed to have a 1990 judgment of
   liability under CERCLA vacated.
      The First Circuit ruled that Kayser
   remained liable as a direct operator
   under  CERCLA section 107 (a) for
   environmental  contamination  caused
   by a subsidiary corporation, despite a
   change in the law of CERCLA liability
   for parent corporations since the 1990
   judgment. In 1990, Kayser was found
   directly liable  as an operator under
   CERCLA section 107(a)  for CERCLA
   response costs required to remediate
   a  site  in North Smithfield,  Rhode
   Island,  which had been contaminated
   with hazardous wastes by a subsidiary
   corporation  of Kayser. In 1990, a dis-
   trict court had determined that Kayser
   was liable as an operator under CER-
   CLA section 107 (a)  because  it exer-
   cised pervasive control over  its sub-
   sidiary and because  Kayser had the
   ability to control the release  of haz-
   ardous wastes by its subsidiary.
      Kayser sought to have  the 1990
   judgment of liability vacated under
   Federal Rules  of Civil Procedure
   60 (b).  Kayser argued  that  a 1998
   Supreme Court case, United States v.
   Bestfoods, 524 U.S. 51 (1998), estab-
   lished the standard for direct operator
   liability under CERCLA of parent cor-
   porations alleged to be responsible for
   environmental  contamination  caused
   by subsidiary corporations, and that
   the 1990 judgement was not in accord
   with the standard required by Best-
   foods. The  district court ruled that
Kayser"s liability was not affected by
the Bestfoods decision and  Kayser
appealed to the First Circuit.
   The First Circuit held that Kayser's
exercise  of control  over its  sub-
sidiary's  environmental operations
and the ability of Kayser to control the
release of hazardous wastes by its sub-
sidiary did satisfy the Bestfoods stan-
dard for direct operator liability of a
parent corporation under  CERCLA
section 107 (a) for a subsidiary corpo-
ration's environmental contamination.
For   more   information,  contact
Clarence Featherson,  202-564-4234.
[U.S.  v.  Kayser-Roth Corp.  2001 WL
1504690 (1st Cir. Dec. 3, 2001)]

District Court Awards
U.S. $23 Million  in
Response Costs for
Krejci Dump Site
After finding Minnesota Mining and
Manufacturing (3M) joint and sever-
ally  liable  in  a previous decision
(United States  v. Chrysler,  2001 WL
1025335  (N.D.  Ohio)), the  district
court granted  the United  States'
motion for partial summary judgment
as to response costs incurred at the
Krejci Dump site.
   3M argued that  the United States
had failed to adequately document its
costs and therefore, the United States
was  inconsistent with the National
Contingency Plan  (NCP). The court
disagreed, and found that  the  NCP
does not contain  any specific  stan-
dards concerning the documentation
of costs. Rather, all  the NCP requires
is that the United States provide  suffi-
cient documentation that renders an
accurate accounting of costs incurred
by the federal government. The court
found that contractor invoices, Project
Officer invoice approvals, and proof of
payment  by EPA were sufficient to
support costs incurred at the site. The
court also noted that the United States
was entitled to  its annual allocation
costs as 3M had failed to identify any
provision  of  the NCP that EPA's
annual allocation methodology  vio-
lated.  The court reserved judgment
on roughly $1 million in costs due to
apparent mathematical errors and the
failure of the United States to provide
the court with the applicable indirect
cost rate. The court has scheduled a
bench trial to address these outstand-
ing costs. For more information, con-
tact David  Dowton at 202-564-4228.
[United States v. Chrysler, 2001  WL
1181135 (N.D. Ohio)]

V-1  Oil Settlement
On November 28,2001, the U.S. District
Court for the District of Idaho entered
as a final judgment a consent decree
that incorporates a $1.2 million  settle-
ment  between the United States  and
V-1 Oil Company. The settlement  had
been reached  to resolve a civil action
brought by the Department of Justice
on behalf of EPA and the Coast Guard
against V-1 Oil Company concerning an
underground leak of gasoline from its
gas station in  Preston, Idaho in 1996.
The case is the first in which EPA has
obtained a penalty for violation of an oil
cleanup order issued under section 311
of the  Clean Water Act.
   The leak from the gas station led to
local  ground water contamination,
dangerous  fumes in neighborhood
home  basements, and potentially
explosive levels in sewer lines. When
V-1 Oil was identified as the source of
the leak, the company denied respon-
sibility and denied access to EPA,
state, and local investigators. With the
company later refusing to comply with
a subsequent EPA cleanup order, EPA
conducted a two-phase removal action
at the site. During the action,  EPA
removed hundreds of gallons of gaso-
line from groundwater and about 200
cubic yards of contaminated soil.
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   The suit was brought to recover
penalties for violation of the adminis-
trative cleanup  order,  which  was
issued by EPA under authority of both
CWA  section 311 and RCRA  section
7003, and to recover funds expended
by  the  government  for  the  site
cleanup.  The $1.2 million settlement
includes  a $478,000 penalty for V-l
Oil's  refusal  to  comply  with the
cleanup order (50% of which will go to
the  Oil Spill Liability Trust Fund for
the  CWA section 311 order violation
and 50% of which will go to the General
Treasury for the RCRA section 7003
order violation), and  $722,000  to
recover  costs  expended  for  the
cleanup (which will  also go to the Oil
Spill Liability Trust Fund).
   A consent decree incorporating
the  settlement was lodged with the
court on May 2, 2001. A notice of the
settlement was published in the Fed-
eral Register on  May 23,  2001, giving
the  public  30 days to comment. The
only public comment received, from
an  attorney   in  Preston,   Idaho,
appeared to approve of the terms of
the settlement but expressed concern
that the amounts  recovered would
not be used to fund additional cleanup
activities in the town. The commenter
also suggested that notice of the set-
tlement  provided  was  inadequate
because it  was published only in the
Federal  Register. The United States'
November 6,  2001, motion to  enter
the    proposed   consent    decree
addressed  both of  the commenter's
concerns, and the  court found that
the consent decree incorporating the
settlement was  fair, reasonable, ade-
quate, and consistent with the  goals
of the Oil Pollution Act, CWA, and
RCRA For more  information, con-
tact: Keith Cohon,  EPA Region  10,
206-553-2149;     Bob     Kenney,
EPA/OSRE,  202-564-5127; or Mary
Andrews, EPA/ORE, 202-564-4011.
Private Lawsuits:
>  Crofton  Ventures Ltd.  Partner-
ship  v.  G  &  H  Partnership,  258
F.3rd (4th  Cir.  2001): The current
landowner brought  a contribution  action
under CERCLA section 113(f), against former
owners and operators to recover CERCLA
response  costs incurred in cleaning up a
contaminated site and state common law
claims for fraudulent misrepresentation and
breach of contract. The district court entered
judgment in favor of former owner and oper-
ators on the common law claims and the
CERCLA contribution claim. The district court
held that the present owner failed to prove
that the former owners and operators actu-
ally dumped hazardous substances or had
knowledge of dumping or  leaking  during
their ownership or operation of site.
   The Fourth Circuit affirmed the district
court's ruling on the common law claims but
vacated and remanded the district court's rul-
ing on the issue of liability. Consistent with the
Fourth Circuit's opinion in  Nurad,  Inc.  v.
Hooper& Sons, 966 F. 2d 837 (4th Cir. 1992)
(CERCLA liability imposed for passive migra-
tion), the Fourth Circuit held that a former
owner or former  operator is liable under
CERCLA  for  response  costs incurred in
cleaning up hazardous  waste at a  site, if
hazardous substances were either placed on
site or leaked  into the environment from a
source on  site (liability for disposal under
CERCLA encompasses passive  migration),
whether or not the former owner or former
operator was the cause of disposal or even
had knowledge of the disposal.
   For more  information, contact Clarence
Featherson at 202-564-4234.

>  Aviall Services,  Inc. v. Cooper
Industries, 263 F.3d 134  (5th Cir.
Aug.  14. 2001):  On August 14, 2001, a
panel  of the Fifth Circuit in a 2-1 decision
ruled (over a vehement dissent), that a per-
son responding to a  contaminated site has
no right of contribution against liable parties
for its response costs under CERCLA unless
that responding person  is already the sub-
ject of an action under CERCLA section 106
or 107. In this case, Aviall Services, Inc. dis-
covered contamination at industrial facilities
the company had purchased from Cooper
Industries, Inc. Aviall  notified the Texas Nat-
ural Resource Conservation Commission,
and conducted a decade-long cleanup cost-
ing millions of dollars. Aviall sought contri-
bution from Cooper under CERCLA section
113 and state law. The district court dis-
missed Aviall's CERCLA claim and declined
to exercise supplemental jurisdiction over
the slate law claims. A panel of the 5th Cir-
cuit affirmed the district court's ruling. Aviall
subsequently  filed a petition for rehearing
en bane, which was granted by the Fifth Cir-
cuit.
   For more information, contact Clarence
Featherson at 202-564-4234.

> The Port of Redwood City v. Gib-
son  Environmental, Inc., No.  C98-
3501 TEH (N.D.  Ca.  Nov.  27,
2001): The Port of Redwood City brought
a CERCLA contribution action against sev-
eral parties, including the United States. The
government filed  a  motion for  summary
judgment (as did other parties) requesting
that the district  court dismiss the  Port's
action. The court granted the government's
request, holding that the Port had not fol-
lowed the NCP when it cleaned up the site.
   The Port claimed its response action was
a "removal" under CERCLA while the gov-
ernment claimed it was a "remedial" action
(thus requiring a more rigorous decision and
public notification process). In deciding that
the Port's action were "remedial," the court
looked at the complexity, cost, and duration
of the operation. The Port's cleanup was over
$10 million, the investigation and response
actions are  expected to take over six years to
complete,  and  the  cleanup  operation
involved removal of numerous tanks as well
as soil and ground water remediation. (In a
footnote, the district court declined to follow
Aviall Services, Inc. v. Cooper Industries, Inc.
(see above  no right of contribution  unless
plaintiff's response action was subject to a
section 106 or 107 action.))

> Kalamazoo River Study Group v.
Rockwell International Corp., 2001
WL  1602705  (6th Cir. Dec. 18,
2001): The  Kalamazoo River Study Group
brought a CERCLA contribution  action
against Rockwell. The  appellate  court
upheld the  district court's ruling that Rock-
well   had  contributed  only  minuscule
amounts of PCBs (20 Ibs) into the Kalama-
zoo River when compared to the Group's
contribution of 100,000 Ibs and that Rock-
well  should receive a zero allocation  of
response costs.
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   Brownfields
   Legislation
   continued from page 1

   brownfields tarnish the landscapes of
   communities across America, typically
   in urban areas.
      The new brownfields law reforms
   one of the  major  hindrances  to
   brownfields cleanup  liability provi-
   sions  under the federal Superfund
   law. The new law provides liability
   protection   for   prospective  pur-
   chasers,  contiguous  property  own-
ers, and innocent landowners. It also
authorizes  increased  funding  for
state and local programs that assess
and clean up brownfields,  and relief
from  Superfund liability  for  small
business owners.
   In his remarks, the President noted
that the Millennium Corporate Center,
where the  signing  was taking  place,
had been the  site of a steel foundry
that sat in disrepair for years until the
county  began  to redevelop it with a
grant from EPA. The 1,000th site rede-
veloped under  Pennsylvania's Land
        New Brownfields  Legislation  Highlights
     Here are highlights of Public Law 107-118, the Small Business Liability Relief and
     Brownfields Revitalization Act:
     Small Business Liability Relief (Title I)
       Exempts certain small volume contributors from Superfund liability
       Exempts certain contributors of municipal solid waste from Superfund liability
       Shifts court costs and attorneys fees to a private party if a private party loses a Super-
        fund contribution action against de micromis or municipal solid waste exempt party
     Brownfields Program (Title II - Subtitle A)
       Provides legislative authority for brownfields program including grants for assess-
        ment and cleanup
       Expands current brownfields program by increasing funding authority up to $200
        million per year including up to $50 million per year to assess and cleanup brown-
        fields with petroleum  contamination
       Expands eligibility for assessment and cleanup grants
       New provision for direct cleanup grants of up to $200,000 per site
       Streamlines current requirements for the brownfields cleanup revolving loan fund
        and makes funding available to nonprofits
       Applies Davis Bacon Act on same terms as authority for current program
       Makes funds available for technical assistance, training, and research
     Brownfields Liability Clarifications (Title II - Subtitle B)
       Exempts certain contiguous property owners from Superfund liability
       Exempts certain prospective purchasers from Superfund liability
       Clarifies the innocent  landholders defense to Superfund liability
     State Response Programs (Title II - Subtitle C)
       Supports state and tribal response programs and preserves federal  safety net
       Provides $50 million per year for state and tribal response programs
       Expands activities available for funding of state programs
       Provides Superfund liability relief for certain properties cleaned  up under state
        response programs
Recycling Program, the Center is built
on the former site of the Schuylkill
Iron Works, and, when completed,  it
will be the centerpiece of a 40-acre,
$115 million office, recreation, and res-
idential development. More than 500
people already work at the new devel-
opment.
   President  Bush   said,  "As the
employees  here know, when a  busi-
ness develops a brownfield, it turns a
stagnant plot of land into a productive
neighborhood. What we ought to be
asking in America is, what  does it take
to create more jobs?  ... Public policy
ought to figure out ways to make sure
that the entrepreneurs can  succeed, so
that there is job creation taking place
all over the country. This is a good jobs
creation bill.
   "Further benefit will come as busi-
nesses recycle older properties and
spare surrounding lands from devel-
opment. There has been a lot of talk
about urban  sprawl. Well,  one of the
best ways to arrest urban  sprawl is to
develop brownfields, and make them
productive pieces of land,  where peo-
ple can find work and employment. By
one estimate, for every acre of rede-
veloped brownfields, we save four and
a half acres of open space.
   'This  legislation will also protect
small business owners from  unwar-
ranted Superfund liability. Lawyers
and governments  used to tell small
business owners that because  they
sent their trash to a landfill  and
because that  landfill became contami-
nated  they were potentially liable
for cleaning up the entire site.
   "When government acts in such  a
heavy-handed way, it hurts a lot of peo-
ple, and  works against its own pur-
poses. It discourages small business
growth. With this bill, we  are return-
ing common sense to our cleanup pro-
gram. We will protect innocent small
business owners and employees  from
                  continued on page 7
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Brownfields
Legislation
continued from page 6

unfair lawsuits, and focus our efforts
instead on actually cleaning up conta-
minated sites."
   EPA Administrator Christine Todd
Whitman noted,  "With this new law,
we are better able to  undo the errors
of the past and replace them with envi-
ronmental partnerships that  engage
the imagination of the American peo-
ple. Together, we will clean up brown-
fields and  provide  a  greener and
healthier future for our children and
grandchildren." Whitman expects that
the new law will help  reduce litigation
as well as removing barriers to rede-
velopment, by differentiating between
large contributors of toxic waste and
small businesses who disposed of only
small amounts of waste or ordinary
trash, and should not be considered
responsible parties.
   At  the signing, President Bush
also announced that his FY 2003 bud-
get will double  the  funds available
through EPA in FY 2002  from $98
million  to $200  million   to help
states and communities around  the
country  clean  up  and  revitalize
brownfields sites.  Another $25 mil-
lion in funding is included in the bud-
get for urban redevelopment and
brownfields  cleanup  through  the
Department of Housing  and Urban
Development. The proposed FY 2003
budget  would permanently  extend
the  Brownfields Tax   Incentive.
According to government estimates,
the $300 million annual investment in
the Brownfields Tax Incentive will
leverage approximately $3.4 billion in
private investment and return 8,000
brownfields to productive use.
   For  more information, contact KC
Schefski at  202-564-8213  or Matt
Sander at 202-564-7233.
Tanner Street

Lowell, MA
continued from page 3

hood, and  backs onto a creek that
feeds into the Concord River.
   In a series of interviews with local
government officials, business owners
on Tanner Street, residents of the sur-
rounding neighborhood, and local and
regional lenders, a number of views
and  concerns emerged. First, there
was  widespread support  for Tanner
Street  remaining an  industrial area
and interest on the part of some local
businesses in participating in reuse
efforts. Based on this initial assess-
ment, a strategy was developed for a
facilitated effort that included creation
of an advisory committee, outreach to
the  banking community and sur-
rounding neighborhoods, continuing
outreach to business owners on Tan-
ner  Street,  and development  of  a
widely accepted master plan for all of
Tanner Street.
   Since April 2001, the city of Lowell
has  been  meeting with the  Citizen
Advisory Board. With the help of a
visioning exercise  of what the resi-
dents and industrial owners on Tanner
Street wanted the  street to become,
the group collectively envisioned an
industrial use area with some recre-
ational uses and amenities (such  as
trails), repair of the  street and side-
walks,  and screening of the messier
industrial areas from view. This vision
has been  incorporated into the plan
prepared by the Superfund reuse plan-
ner for all of Tanner Street, not just the
Silresim site. Reaction from the com-
munity has been generally very posi-
tive. The next  step will be to present
the plan to the City Council. Mean-
while,  a  participatory  evaluation is
underway. Lee Scharf points out that
the citizens will be highly involved in
the ongoing evaluation of the project.
'The citizens will  create measures of
success, they'll check in the middle on
where  things  stand, and evaluate the
effort at the end,"  she said.
   While it's too soon to call it a suc-
cess, the elements for success seem to
be in place. The city envisions a public-
private partnership, and expects a lot
of support from industry in the area.
An ongoing steering committee is
under development to guide the imple-
mentation of the plan.  In retrospect,
most participants  agree, there would
have been no  way to  address  the
brownfields problem effectively with-
out considering the Superfund site, or
addressing the Superfund site without
looking at the whole street.
   For more information, contact Lee
Scharf, EPA, at 202-564-5143, or Brian
Conners, Lowell Dept. of Planning and
Development, at 978-970-4276.
                                                                                                    cleanupnews

-------
       March 19-20,2002
       4th Biennial Freshwater Spill
       Symposium
       Cleveland, OH
       Beatriz Oliveira, 703-603-1229,
       oliveira.beatriz@epa.gov

       March 10-13,2002
       14th Annual UST/LUST National
       Conference
       Kissimmee, FL
       Sammy Ng, 703-603-7166,
       ng. sammy@epa.gov

       June 25-28, 2002
       National Community Involvement
       Conference
       Portland, OR
       Helen DuTeau, 703-603-8761,
       duteau.helen@epa.gov


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