1. PRESENTED BY MICHAEL SCHENKELBERG EPA AND SUPERFUND: A BRIEF HISTORY

2. BEFORE THE EPA 1948 Federal Water Pollution Control Act 1955 Air Pollution Control Act 1963 Clean Air Act (1963) 1965 Solid Waste Disposal Act 1965 Water Quality Act 1967 Air Quality Act 1969 National Environmental Policy Act 1970 Clean Air Act (1970)

3. HOW IT ALL STARTED 1962 Rachel Carson wrote Silent Spring which brought environmental responsibility and awareness to the public 1969 President Nixon established Environmental Quality Council, as well as a complementary Citizens' Advisory Committee on Environmental Quality July 9, 1970, President Nixon submitted to Congress a reorganization December 2, 1970 The EPA was officially formed

4. ASSEMBLING THE EPA Three federal Departments Three Bureaus Three Administrations Two Councils One Commission One Service

5. RESPONSIBILITIES Department of Interior The Department of Health, Education, and Welfare Food and Drug Administration's Agriculture Department Water Quality and Pesticides National Air Pollution and Control Solid waste and Water Hygiene Pesticide and Agriculture Research

6. ORIGIN OF CERCLA Media brings two sites to the public’s attention Love Canal in Niagara Falls, New York Valley of the Drums in Brooks, Kentucky

7. CERCLA IS FORMED 1980 The Comprehensive Environmental Response, Compensation, Liability act is passed CERCLA is the legislation that gives Superfund its authority.

8. CERCLA CERCLA, commonly known as Superfund Enacted by Congress on December 11, 1980 Created a tax on the chemical and petroleum industries Provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances Over five years, $1.6 billion was collected and the tax went to a trust fund for cleaning up abandoned or uncontrolled hazardous waste sites. http://www.epa.gov/superfund/policy/cercla.htm

9. PROVISIONS OF CERCLA Two Types of Response Action - Removal action - Remedial action Encourages participation of state and public involvement in response action

10. PROVISIONS OF CERCLA Holds responsible parties liable for cleanup of hazardous substances Set forth settlement process Provides authority to initiate civil litigation for relief and recovery cost

11. PAYING FOR RESPONSE ACTION CERCLA Provides Three Options: -Conduct response using monies from Trust Fund and recover cost from PRPs -Enter into settlement agreements with PRPs which can require them to perform clean up or pay -Compel PRPs to perform clean up

12. REUSE AND REDEVELOPMENT Maximize clean up and the redevelopment of contaminated properties Provide enforcement and liability relief incentives to encourage sustainable redevelopment

13. MISSOURI SUPERFUND SITES Lake City Army Ammunition Plant, Jackson Operated in 1941and tested ammunition for US Army. Groundwater, soil, and surface water are contaminated with various explosives, perchlorates, and heavy metals including lead, arsenic, and chromium. Armour Road, Clay Operated from 1929-1986 located of HWY 210. Soil and possible groundwater contamination from various herbicide blending and repackaging activities. Madison County Mines, Madison 1700’s major part of the lead belt. Lead and other heavy metal contamination of groundwater, soil and surface water from former mining sites.

14. NATIONAL PRIORITY LIST

15. OMAHA LEAD Largest Residential Lead Site in the United States American Smelting and Refining Company (ASARCO) operated in Omaha, NE from 1871 to 1997 Facility located on 23-acres Land was owned by Union Pacific Railroad – sold to ASARCO in1946 ASARCO lead refinery processed lead bullion, recovering other trace metals and removing impurities Property was transferred to the City of Omaha in 1997 Cleanup of the ASARCO facility performed by the company under a State Order

17. OMAHA LEAD Aeron Ferer and Sons Company constructed a secondary lead smelter and lead recycling facility during the early 1950’s Sold to Gould Electronics, Inc. in 1963, Closed in 1982 Douglas County purchased property, performed cleanup, created Heartland of America County Park

18. OMAHA LEAD City of Omaha City Council requested assistance from EPA in 1998 to address childhood lead poisoning in Omaha Blood testing showed 596 Douglas County children exceeded CDC standard of 10 micrograms per deciliter (10 ug/dl) in 1998

19. OMAHA LEAD In 1998, EPA began investigation under the authority of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Omaha Lead Site added to the EPA National Priorities List April 2003 Focus Area expanded 3 times based on soil sampling results

21. EPA RESPONSE ACTION EPA began soil cleanups in 1999 under EPA’s Superfund’s Emergency Response authority Residential properties with a yard quadrant exceeding 1,200 ppm Residences with children with elevated Blood Lead levels (EBL) with a yard quadrant exceeding 400 ppm Child care facilities with a yard quadrant exceeding 400 ppm Soil cleanups completed around 5400 properties

22. Comparison of Omaha EBLLs vs. National Average and Lincoln