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Brownfields Weekly

September 13, 2001

THIS WEEK:

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If you'd like to announce your latest industry news, write to the editors:
Editors@Brownfields.com

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Imminent Brownfields Bill Passage Delayed By Worst Terrorist Attack in U.S. History

ARLINGTON, VA - As we finished this weeks issue of Brownfields Weekly, we wanted to report to you that the House and Senate had agreed Monday to a quick passage of the new brownfields bill, scheduled for Tuesday, September 11.

Last week, House leaders announced plans to merge S.350 with H.R. 1831, the House small business Superfund liability relief bill. The combined legislation addresses funding and liability issues that have blocked the redevelopment of many brownfield sites, impeding economic, environmental and social benefits to many communities.

"The Bush administration would be absolutely thrilled if this historic piece of legislation passes the House," said Chris Paulitz, EPA spokesman for Administrator Whitman, last week.

However, the tragic terrorist attacks in New York and Washington, D.C. on September 11 have taken a much greater priority in the national consciousness than the passage of any bill.

"Senators and House members, Democrats and Republicans will stand shoulder-to-shoulder to fight this evil that has perpetrated on this nation," said House Speaker Dennis Hastert, R-Illinois. "We will stand together to make sure that those who have brought forth this evil deed will pay the price."

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In Brownfields News...

2001 Phoenix Awards Winners Announced

HARRISBURG, PA - The Executive Committee of the national Phoenix Awards for Excellence in Brownfield Redevelopment have announced this year’s Phoenix Award winners.

2001 Phoenix Awards applications were received from all over the country. The Awards will be presented at Brownfields 2001 in Chicago, Illinois, September 24-26, 2001. Created in 1997, the Phoenix Awards are nationally recognized as the outstanding award for achievement of excellence in brownfield redevelopment. The winners represent the outstanding brownfield project from each of the 10 EPA regions. This year, two "Community Impact Award" winners are also recognized.

This year’s recipients are:

  • Region 1: North Colony Street Industrial Park - Meriden, Connecticut
  • Region 2: OENJ Elizabeth Metro Center - Elizabeth, New Jersey
  • Region 2: The Crane Site - Trenton, New Jersey (Community Impact Award)
  • Region 3: Erie Front Street Complex - Erie, Pennsylvania
  • Region 4: Manchester Cinema - Rock Hill, South Carolina
  • Region 5: Chrysler Center Remediation and Redevelopment Project - Highland Park, Michigan
  • Region 5: Alton Center Business Park - Alton, Illinois (Community Impact Award)
  • Region 6: American Airlines Center/Victory Development - Dallas, Texas
  • Region 7: St. Louis Commerce Center - St. Louis, Missouri
  • Region 8: Innerlock Business Park - Denver, Colorado
  • Region 9: East Baybridge Center - Emeryville, California
  • Region 10: Astoria Mill Pond - Astoria, Oregon

The 2001 Phoenix Awards ceremony will be held on the last day of the conference. At this time, the 2001 Phoenix Awards Grand Prize will be announced as well as the winner of the new People’s Choice Award.

For Brownfields 2001 conference information, visit:
http://www.brownfields2001.org

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Oil Companies Pay Millions for Texas Superfund Cleanup

CROSBY, TX - Several oil refineries and petrochemical companies have agreed to pay $120 million to settle a Superfund cost recovery lawsuit over contamination at the Sikes Disposal Pits near Crosby, Texas.

The defendants include ARCO, Crown Central Petroleum Corp., Occidental Chemical, Goodyear Tire and Rubber, Rohm & Haas, Shell Oil, The El Paso Group, Exxon Mobil Corp., Phillips Petroleum, and Vacuum Tanks, Inc.

Under the proposed consent decree, filed September 6 in Texas federal district court, the United States will receive $111.3 million plus interest and the state of Texas will receive $8.7 million plus interest toward reimbursment of costs incurred to clean up chemical and oil based contamination at the site.

The $111.3 million payment is the second highest cost recovery settlement in the history of the U.S. EPA's Superfund Program. The settlement money will replenish the Superfund and be available to further the cleanup efforts at other sites across the nation.

During the 1950s and 1960s, numerous refiners and pertochemical companies, among others, disposed of chemical and oil based wastes at Sikes. EPA and the State of Texas started cleanup efforts there in the early 1990s under the Superfund, and the cleanup was completed in 1995.

The U.S. and the State brough suit in 1998 against 14 defendants to recover the costs of the investigation, excavation, and incineration of contaminate soils and sludge at the site. The defendants, in turn, sued 20 other companies in contribution for their disposals at the site.

"The 28 settling defendants initially contested their liability for this site," said John Cruden, acting assistant attorney general of the Justice Department's Environment and Natural Resources Division. "But after extensive litigation, the parties have agreed to a settlement that greatly benefits the public health, welfare, and the environment. Now the responsible parties, rather than the taxpayers, will pay the bulk of the cleanup costs for the site."

Added Greg Cooke, EPA's regional administrator in Dallas, "This property is now home to a variety of wildlife and is ready to be returned to productive use."

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South Carolina Small Town Leverages Free Services for Redevelopment
Cowpens, South Carolina

A 228,000-square-foot baby clothes manufacturing plant was once the largest employer in Cowpens, SC, employing 400 in a town of only 2,000 residents.

The clothing company purchased the site in 1981, secured by an agreement between the county and the manufacturer's parent company to guarantee $10 million in industrial revenue bonds. The manufacturer's parent firm eventually sold the clothing company to a group of investors who shut down the Cowpens plant in 1990. The clothing company defaulted on the industrial revenue bonds in 1992, and the county was left holding title to the abandoned property.

Inside the dormant facility, town officials discovered 85 drums of industrial chemicals, with no responsible party to pay for cleanup. Potential liability fears prevented developers from buying the site, located between the town's elementary and middle schools.

To help the town address these problems, EPA awarded Cowpens a $200,000 EPA Brownfields Assessment Pilot Grant in May, 1997. This funding has allowed Cowpens to leverage time and services aimed at the revitalization of the abandoned plant. Through negotiations with the Pilot Coordinator, Cowpens was able to leverage $86,125 worth of free services towards the site's redevelopment.

A national environmental cleanup company agreed to test the contents of the 85 barrels and remove them from the site free of charge. A local environmental company next performed an asbestos and lead paint survey on the property, and estimated the costs associated with cleanup. A local roofing company conducted a roofing evaluation on the abandoned building, also free of charge.

In addition, the U.S. Army Corps of Engineers is committing $15,000 to explore different cleanup approaches for the site's groundwater contamination. The Pilot also leveraged funding from The University of South Carolina at Columbia, which will provide $55,143 for technical services related to the design and development of a proposed Industrial Ecology Park on the 70-acre site. The town provided $26,000 in support of this plan.

As the first small town Assessment Pilot in the country, a number of interested parties are watching Cowpens' progress. The town is hoping that its successful approach to this former manufacturing site can serve as a model for brownfields redevelopment in small communities across the country.

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