Office of Site Remediation
                                   Enforcement (2271 A)
                                   Washington, DC 20460
                                                          Fall 2004
                                                          Issue #18
Environmental Protection
  Rocky Flats
  New N PL Sites
  Green Building SEPs

  Oregon Metallurgical
'  Ultra Scientific

  2002 TRI Data
  NewATF Building

  In the Courts
  United Airlines Violations
  USv. JG-24
  New Bedford Facility Opens
  CleanupNews is a quarterly
  newsletter highlighting hazardous
  waste cleanup cases, policies,
  settlements and technologies.

                            EPA  Region  10
                            Administrator lani Resigns
                                  On July 21, EPA Region 10
                                  Administrator John lani
                                  announcedhe was resign-
                           ing and returning to practicing law.
                           The resignation became effective
                           August 7. Ron Kreizenbeck, the
                           Deputy Administrator for Region
                           10, is serving as Acting Adminis-
                           trator pending appointment of a re-
                            lani was appointed by President
                           Bush in September 2001 and spent
                           his three years as Administrator
                           tackling oil and gas exploration is-
                           sues, sewage issues in Portland, and
                           metals contamination in Lake
                           Roosevelt. One of his most signifi-
                           cant accomplishments was the sign-
                           ing of a Record of Decision (ROD)
 outlining a cleanup plan for part of
 the Bunker Hill Superfund site in
 the Coeur D'Alene River Basin of
 Idaho. lani worked toward consen-
 sus on the ROD by bringing together
 local governments, environmental
 groups, the governors of Washing-
 ton and Idaho, and state congres-
 sional delegations.
  Prior to serving as Administrator,
 lani was the Vice President for Cor-
 porate Affairs and General Coun-
 sel at UniSea Corporation, a large
 seafood company, and served as
 President of the Pacific Seafood Pro-
 cessors Association.

 For additional information, contact Bill
 Dunbar, EPA Region 10, (206) 553-1203.
                                  Portfields Project Gets
                                  $5  Million  Boost
                                  | assachusetts Lieutenant
                                  Governor Kerry Healey
                                  announced a $5 million
                           state grant for improving New
                           Bedford Harbor on August 5. The
                           City of New Bedford and Town of
                           Fairhaven will use the money for
                           navigational dredging, one of the
                           Portfields objectives for the harbor.
                           Removing the silt that has gradu-
                           ally filled in the area over the years
                           will allow larger vessels to navigate
                           more easily. The state recognized
                           the incredible value of dredging to
                           improving use of the harbor and en-
                           couraging future business growth.
New Bedford is one of the busiest
ports on the Eastern seaboard and
a thriving area for the seafood pro-
cessing industry.
 New Bedford is one of three pilot
sites selectedthrough the Portfields
Initiative, an interagency agree-
ment between the National Oceanic
and Atmospheric Administration
(which is the lead agency), EPA, the
US Army Corps of Engineers, and
other federal agencies to redevelop
brownfields located in and around
ports. Portfields developed out of
the 2002 Brownfields  Federal
Partnership Action  Agenda, a
                continued on page 7
                                                                                   Printed on recycled paper

      Rocky Flats  Building Demolished
Crews work to demolish a building at Rocky Flats.

       On July 15, Building 771 on
       the Rocky Flats site was dis-
mantled after a 10-year decontami-
nation and removal process.  The
building had once been so contami-
nated with hazardous and radioactive
waste that the media referred to it as
"the most  dangerous building in
America."  DOE Secretary Spencer
Abraham referred to the demolition
as "a historic milestone in closing
Rocky Flats and the most significant
cleanup accomplishment to date in the
DOE complex."
  The 175,000-square-foot
building was one of the
original four manufacturing
buildings constructed on the
site. Starting in May 1953,
Building 771 produced com-
ponents for plutonium
weapons and re cove red plu-
tonium from recycled mate-
rials. Once other buildings
were constructed, Building
771 was used solely for plu-
tonium recovery.  On Sep-
tember 11, 1957, a fire ig-
nited in a plutonium resi-
due can. The fire spread
to the building's second
floor where vapors collecting
in  the  main exhaust
duct exploded, spreading
                            the building.
                            In 1989,pro-
                            duction activi-
                            ties ceased
                            due to safety
                            and environ-
                            mental  con-
                            cerns, andthe
                            site was added
                            to EPA's Na-
                            tional Priorities
                            List. Building
                            771 is the sec-
         ond of five facilities that contained plu-
         tonium contamination to be demol-
         ished at the site and the first major
         building of its type and magnitude to
         ever be decommissioned. Over the next
         18 months, DOE plans to decommis-
         sion, demolish, and complete environ-
         mental remediation at approximately
         450 structures and facilities within
         the Rocky Flats Site.
          The 6,000-acre Rocky Flats site is
         located just 16 miles from Denver,
         Colorado.  Original estimates for the
 "More than half of the
      805 buildings/
 structures onsite have
   been demolished."

cleanup were that it would take
65 years to complete and cost tax-
payers over $36 billion. Through
streamlining efforts by the contrac-
tor, Kaiser-Hill Company, the site is
on an accelerated cleanup schedule.
Current estimates are that the site
will close in 2006 at a cost of $7 bil-
lion.  An article about the accelerated
cleanup plan for Rocky Flats ap-
peared in the Spring  2003 issue of
CleanupNews, available online at:
  The accelerated cleanup plan and
details about the cleanup to date are
available on the Rocky Flats Closure
Project website at:
http ://ww w. rfets. gov/doe.

For additional information, contact Bill
Badger, Kaiser-Hill, (303) 966-5754.
Plutonium contamination requires the wearing of safety equipment as buildings are

Sites Added to  National  Priorities List        *-
     EPA added nine new sites to the
      Superfund National Priorities
List (NPL) on July 22. The new sites
are:  Jacobsville Neighborhood Soil
Contamination, Evansville, IN; An-
napolis Lead Mine, Annapolis, MO;
Picayune Wood Treating,  Picayune.
MS; Grants Chlorinated Solvents
Plume, Grants, NM;  Diaz Chemical
Corporation, Holley,  NY; Peninsula
Boulevard Groundwater Plume.
Hewlett, NY; Ryeland Road Arsenic.
Heidelberg  Township, PA; Cidra
Ground Water Contamination, Cidra.
PR; and Pike Hill Copper Mine,
Corinth, VT.
  Some of the highlights include the
Annapolis Lead Mine, an inactive
mine in Annapolis, Missouri where
lead-containing ore  was  mined be-
tween 1920 and 1940. Over one mil-
lion tons of waste were generated dur-
ing that time. The site was added to
the NPL due to heavy metal contami-
nation on the property and in a nearby
wetland. At the Cidra Ground Water
Contamination site in Cidra, Puerto
Rico, volatile organic compounds from
an unknown source have contaminated
groundwater.  Between March 1996
and August 2000, four public supply
wells had to be closed by the Puerto
Rico Department of Health due to con-
tamination. EPA Region 2 conducted
Expanded Site Inspections in 2002 and
2003 and determined that five indus-
trial sites were potential sources of the
  The Diaz Chemical Corporation in
Holley, New York is a former chemical
manufacturing facility known to be re-
sponsible for multiple hazardous
waste releases into a nearby commu-
nity. In January 2002, an overheated
reactor vessel ruptured at the Diaz fa-
cility causing the unintended release
of chemicals.  As a result, drops of
2-chloro-6-fLuorophenol fell in a resi-
                                            dential area over a quarter mile from
                                            the facility, and some local residents
                                            had to be relocated. Among several
                                            response activities associated with
                                            this release, EPA continues to pro-
                                            vide relocation assistance to the dis-
                                            placed residents. As of July 2004.
                                            EPA had removed 2,400 drums and
                                            40,000 gallons of bulk chemicals
                                            abandoned when the company de-
                                            clared bankruptcy in June 2003.
                                              First published in September 1983.
                                            the NPL identifies hazardous waste
                                            sites that EPA has determined pose
                                            the greatest risk to human health and
                                            the environment. There are currently
                                            1,245 sites on the NPL, and 56 sites
                                            are waiting to be finalized.

                                            Additional information about the new
                                            NPL sites is available through the
                                            Superfund website at: http://
Green  Building  Supplemental
Environmental Projects
byK.C. Schefski, Office of Site Remediation Enforcement
       On July 27, 2004, the Office of
       Site Remediation Enforce-
ment and the Office of Regulatory En-
forcement jointly issued a fact sheet
entitled, "Supplemental Environmen-
tal Projects: Green Building on  Con-
taminated Properties."  This fact
sheet provides infor-
mation on supplemen-
tal  environmental
projects (SEPs) that
can serve to prevent
and minimize the  en-
vironmental impacts
associated with redeveloping former
contaminated properties. The fact
sheet explains the environmental im-
pacts associated with buildings, sum-
marizes the "green building SEP on
contaminated properties" concept, and
provides resources and suggestions for
pursuing a green building SEP. The
fact sheet is part of Office of Enforce-
ment and Compliance  Assurance's
comprehensive effort to identify and
develop incentives for environmentally
                responsible rede-
                velopment and
                reuse of contami-
                nated properties
                  A SEP  is an
beneficial project a defendant/respon-
dent agrees to undertake in settlement
of a civil penalty action, but that the
party is not otherwise legally required
to perform. In return, a percentage of
"Green building SEPs
   address pollution
sources from building
   or construction."
the SEP's value is considered when
the amount of a final cash penalty is
being determined. SEPs enhance the
environmental  quality of communi-
ties that have been put at risk by vio-
lations. While penalties play an im-
portant role in deterring environmen-
tal and public health violations.
SEPs can play an additional role in
securing significant environmental
and public health protection and
  A green building SEP would ad-
dress one or more sources of pollution
typically generated by a building or
construction project.  A green build-
ing SEP would involve an environmen-
tal violator agreeing to support and
               continued on page 7

                                                                               cleanup      3

             Oregon   Metallurgical  to  Complete  SEPs
             Valued  at  $500,000

^^^F n June 30, Oregon Metallurgi-
cal Corporation of Albany, Oregon
agreed to pay EPA $250,000 and com-
plete two Supplemental Environmen-
tal Projects (SEPs) worth nearly
$500,000 to resolve several Resource
Conservation  and Recovery Act
(RCRA) violations.  Oregon Metallur-
gical is completing the SEPs—envi-
ronmentally-beneficial projects—in
exchange for a reduction in penalty.
  The SEPs Oregon Metallurgical has
agreed to complete will both reduce
the amount of hazardous waste pro-
duced by the facility and conserve wet-
lands.  The first SEP calls for the ter-
mination of a titanium chip  washing
process that creates a hazardous acid.
Instead, the corporation will use a sup-
plier that sells chips cleaned using a
non-hazardous  process. The second
SEP requires that an Oregon Metal-
lurgical affiliate, TDY Industries Inc..
deed twelve acres of land at its
Millersburg, Oregon facility to the
City of Albany. The land, which
runs along the Willamette River.
has been used for wastewater
treatment and other industrial
activities. According to the agree-
ment, part of the land will be pro-
tected as wetlands and the rest will
be used to extend the existing area

        "SEPs are
beneficial projects that
  EPA considers when
calculating a penalty."

parkland and hiking trail. The con-
servation agreement specifically
prevents the land from being al-
tered through processes such as
removal of soil, trees, or vegetation.
except as necessary or appropriate for
maintenance and research.  Oregon
Metallurgical will reimburse its affili-
ate for the donation of this land.
  The RCRA violations Oregon Metal-
lurgical is resolving through the com-
pliance agreement were identified dur-
ing an April 2000 EPAinspection, which
was conducted at the request of the Or-
egon Department of Environmental
Quality.  Inspectors found that the fa-
cility had been operating a hazardous
waste surface impoundment, or acid
sump, without a permit for at least five
years; operating an acid spray pad with-
out a permit for at least five years; stor-
ing an open and unmarked container of
sulfuric acid; and storing hazardous
waste containers without sufficient
aisle space.

For additional information, contact Kevin
Schanilec, EPARegion 10, (206) 553-1061.
             Rhode   Island   Company  to   Pay  $500,000
                     Scientific, Inc., a chemical
             standards laboratory in North
             Kingstown, Rhode Island, will pay a
             $500,000 penalty for hazardous
             waste handling violations at its
             Quonset Point Industrial Park facil-
             ity, EPA announced on July 7.  An
             August 2002 inspection of the facil-
             ity by EPA and the Rhode Island
             Department of Environmental Man-
             agement (DEM) uncovered numerous
             violations.  A follow-up inspection.
             requested by the DEM, took place in
             September 2002 and revealed that
             the company had not addressed vio-
             lations identified during the first
                                inspection.  During the second in-
                                spection, fire safety code violations
                                were also identified by the North
                                Kingston fire department and
                                building officials.
                                 The federal and state hazardous
                                waste management violations
                                discovered included operating a
                                treatment facility without a
                                permit, improper labeling of waste
                                containers, open containers, and
                                lack of employee training in
                                hazardous waste management
                                methods. EPA and RI DEM also
                                discovered that chemicals had been
                                improperly stored outside the
                                 "EPA and RI DEM
                                identified numerous
                                  violations at the

                             building resulting in exposure to ex-
                             treme temperatures and the co-stor-
                             ing of several incompatible wastes
                             that can ignite or produce toxic gas if
                               Following the inspection, over 80
                             gallons and 400 pounds of toxic chemi-
                             cals were removed and properly dis-
                             posed of to protect human health and
                             the environment.

Annual  Toxics   Release  Inventory   Issued
      n June 23> EPA released the
2002 Toxics Release Inventory (TRI)
data. The TRI tracks the release of
over 650 toxic chemicals to air, wa-
ter, or land by facilities, including
through disposal and other methods
of release (e.g., air emissions).  Ac-
cording to the 2002 data, over 24,000
facilities released 4.8 billion pounds
of TRI chemicals.
  The public can download the 2002
TRI data at:
tridata/index.htm or search the data
using TRI Explorer.  TRI Explorer is
accessible at:
triexplorer and allows users to search
by geographic area, facility, or chemi-
cal and view a variety of reports. TRI
Explorer also provides state fact
sheets for each of the states. The fact
sheets  offer detailed information
about each state's releases and an in-
teractive map for users  to get addi-
tional details by county.
  The TRI Program was  established
through the Emergency Planning and
Community  Right-to-Know Act of
1986 (EPCRA), which aims to inform
the public of chemical hazards in their
        New ATF Building to
          Stand on Old LUST
                   Site  in DC
        On July 26, several OUST staff and OSWER interns vis-
        ited an old leaking underground storage tank site under-
        going remediation in the northeast section of the Dis-
        trict of Columbia. Five USTs had been removed from
        the site in 1991, and the presence of petroleum hydrocar-
        bons and other contaminants was discovered over much
        of the site. A re mediation system is in place, and the DC
        LIST program is working with the U.S. General Services
        Administration to clean up and prepare the site to be-
        come the new national headquarters of the federal Bu-
        reau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
        The building planned for the site is projected to house
        approximately 1,100 ATF personnel and open in 2005.
community. Under EPCRA, facilities
that release significant amounts of
certain types of toxic chemicals are
required to track these releases and
lishes this data to inform citizens of
toxic chemical management practices
in their community and to encourage
companies to properly manage toxic
provide the data to EPA. EPA pub-  chemicals.
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                                                                           cleanup      5

             United Airlines Agrees to  Pay $850,000 for Violations
  On July 12, EPA announced that
United Airlines, Inc. will pay an
$850,000 civil penalty for hazardous
waste violations observed at its San
Francisco International Airport air-
craft maintenance facility. In addition,
United and EPA created an environ-
mental compliance management sys-
tem to help achieve ongoing compli-
ance with hazardous waste regula-
  The violations, which were uncov-
ered through EPA inspections in 1999
and2001, spannedboth state andfed-
eral hazardous waste laws.  The is-
sues found included
open hazardous waste
containers, improp-
erly labeled hazard-
ous waste containers,
and storage of haz-
ardous  waste for
longer than legally

For additional
information, contact
Cameron McDonald,
(415) 972-3308.
                                                                  An open oil/solvent 50-gallon drum.
             Court Grants Full Recovery and Assesses Penalties
             Against Fiberglass Manufacturer
             by David Dowton, Office of Site Remediation Enforcement
               The district court for Puerto Rico
             has awarded the United States
             roughly $3 million in response costs
             and has assessed over $1 million in
             penalties for RCRA and CERCLA vio-
             lations at the J&G and Catano sites
             (2004 U.S. Dist. LEXIS 16000).
               After a preliminary inspection of the
             site revealed leaking  drums,  EPA
             made a number of attempts to obtain
             voluntary access to undertake a more
             comprehensive inspection and perform
             initial sampling. EPAs efforts were
             unsuccessful. Access was eventually
             obtained via a warrant and an inven-
             tory of stored hazardous substances,
             and an initial sampling was per-
             formed. Later EPA issued an admin-
             istrative order directing defendants to
             comply with EPAs request for access.
             EPA also issued the  defendants a
             RCRA information request seeking
             detailed information of the materials
             used on site. The defendants failed to
             comply with either the order or the in-
             formation request.
                                   With defendants refusing to comply
                                 with EPAs order, access was once again
                                 obtained via a warrant. Subsequent
                                 inspection of the sites found hundreds
                                 of drums containing hazardous sub-
                                 stances haphazardly stored.  Many
                                 drums were in a deteriorated state and
                                 were leaking. Sampling indicatedthat
                                 a number of drums were leaking ac-
                                 etone, styrene, and arsenic among
                                 other things. The material in many
                                 drums was also considered a RCRA
                                 hazardous waste  because of its low
                                 flash point. Based on the site investi-
                                 gation and sampling, EPA determined
                                 that a removal action was appropri-
                                 ate.  The Agency incurred roughly
                                 $3 million in excavating the drums and
                                 contaminated soil and transporting it
                                 for off-site disposal.  The United
                                 States brought suit  seeking recovery
                                 of all response costs as well as the civil
                                 penalties for failure to comply with
                                 various provisions of CERCLA and
                                   Finding that EPAs removal ac-
                                  tion was not arbitrary and capri-
                                  cious and was not inconsistent
                                  with the NCP, the court awarded
                                  the  United States all response
                                  costs including sampling and in-
                                  vestigation  costs and indirect
                                  costs.  In addition, the court as-
                                  sessed a penalty of $750,000 for
                                  various RCRA violations includ-
                                  ing  the storage  and disposal of
                                  RCRA hazardous wastes without
                                  a permit.  The court found that
                                  the defendant's failure to provide
                                  access to the sites was a violation
                                  under Section 104 of CERCLA and
                                  assessed a $102,000 penalty. Fi-
                                  nally, the court assessed the de-
                                  fendants a penalty of $263,200 for
                                  failure to comply with the RCRA
                                  information  request. The court
                                  also found that the defendants are
                                  still obligated to respond to the
                                  request and ordered the defen-
                                  dants to comply with the informa-
                                  tion request  within 30 days.

EPA Opens  New  Bedford   Facility
         At the New Bedford press
         conference to announce the
         state's  new  Portfields
grant, EPA Region 1 Deputy Admin-
istrator Ira Leighton marked the
opening of EPAs new  $25 million
sludge dewatering facility that is criti-
cal to the PCB  cleanup of New
Bedford Harbor. The facility will re-
ceive desanded sediments from an-
other facility through submerged pipe-
lines.  The water will then be ex-
tracted, treated to stringent stan-
dards, and pumped back into the har-
bor. The remaining dewatered sedi-
ment will be properly disposed of ei-
ther through landfilling at an ap-
proved facility or in a confined dis-
posal facility along the shoreline. Ap-
proximately 900,000 cubic yards of
sediments will be removed from the
harbor and treated by the  facility.
Dredging is scheduled to start within
a month of the announcement. Once
the harbor dredging is complete, EPA

Green Buildings, continued from page 3

use green building technologies at the
redevelopment of a nearby contami-
nated property in exchange for penalty
mitigation credit. The violations may
arise under a variety of statutory au-
thorities, and the SEP will generally
take place on property not owned by
the violator. For example, a company
with air violations located in the vi-
cinity of a brownfield redevelopment
could purchase energy efficient mate-
rials/systems or low VOC emitting
materials  for the redeveloper to help
minimize air emissions from the new
  The fact sheet is available online at:

For additional information, contact
K.C. Schefski, Office of Site Remediation
Enforcement, (202) 564-8213.
EPA's new sludge dewatering facility at New Bedford.
will turn the sludge dewatering facil-
ity, pier, and rail spur over to the city
for its use.
  New Bedford Harbor has been on
EPAs National Priorities List since
1983. From the 1940s to the 70s, two
electrical component manufacturing
plants dumped PCB waste directly
into the harbor creating widespread
contamination. Fish and lobster ad-
visories have been posted to protect
human health.
  To date, EPA has spent over $189
million on planning and engineering
the remedy for  New Bedford.
Portfield, continued from page 1
commitment by federal agencies to
work together to more effectively re-
develop brownfields.
  The New Bedford dredging project
will involve dredging sediments with
contamination levels below Superfund
  The Portfields fact sheet for New
Bedford is available through  the
NOAA website at:
   Correction:  The above photo appeared in CleanupNews Summer 2004
   with the National Corrective Action Conference article. The caption with
   the photo incorrectly stated that Dwight Bedsole is with Dow Chemical
   Company. He is with Dupont Engineering.

      September 20-22, 2004
      Brownfields 2004: "Gateway to
      St. Louis, MO
      http://www,brownfie cls2004,org

      September 21-23, 2004
      Wastecon 2004
      Phoenix, AZ

      October 7-8,2004
      2004 ASTSWMO Annual
      Arlington, VA
      http: 7/www,
         Bureau of Alcohol, Tobacco, Firearms, and    OUST
         Explosives                             pQg
DOE       Department of Energy

EPCRA     Emergency Planning and Community
ER3       Environmentally responsible redevelopment
         and reuse
NOAA     National Oceanic and Atmospheric
WL       National Priorities List
OSRE     Office of S ite Remed iation E nforcement
OSWER     Office of Solid Waste and Emergency
Office of Underground Storage Tanks
Polychlorinated biphenyls
Resource Conservation and Recovery Act
Rhode Island Department of
Environmental Management
Record of Decision
Supplemental Environmental Project
Toxics Release Inventory
Underground storage tank
Volatile organic compound
      CleanupNews is a publication of EPA's Office of Site Remediation Enforcement, in
      cooperation with the Office of Superfund Remediation and Technology Innovation,
      Office of Underground Storage Tanks, and Office of Emergency Prevention,
      Preparedness and Response. CleanupNews II is an electronic supplement to the
      CleanupNews print edition. The print issue is available four times a year, and the
      newsletter will be delivered electronically eight times a year (four issues consisting of the
      print edition and four issues consisting of supplemental news). Past issues of CleanupNews can be
      found at: http://www.epa.qov/coiiipliaiice/resoiirces/iiaAisletters/cleaiiiip/cleaiiiipiiews.htiiil
      To comment on the newsletter contact Richard W. Popino, PhD REM, at MC-2271A, U.S. EPA, 1200
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                                           Richard W. Popino, PhD REM, Editor in Chief

                                           EPA Review Board; Diane Bartosh, Paul Connor,
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                                           Gilberg, Jeff Heimerman, Kenneth Patterson, Neilima
                                           Senjalia, Suzanne Wells

                                           Christine Rueter, Jam! Habluetzel, and Anne Politis,
                                           DPRA Inc..writers
                                           DPRA Inc., designer
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