$100 Million Settlement Announced for 

Milltown Reservoir 

On August 2, 2005, the Department of Justice (DOJ) and EPA announced that Atlantic 

Richfield Company and NorthWestern Corporation have agreed to cleanup and restore 

the Milltown Reservoir Superfund site in Montana. The settlement is valued at over $100 

million. The negotiations involved the State of Montana and the Confederated Salish and 

Kootenai Tribes, as well as EPA, DOJ, and the two corporations. The planned cleanup 

will restore local drinking water, improve conditions in the Clark Fork and Blackfoot 

Rivers, and improve local fishing. 

The Milltown Reservoir remediation and restoration is expected to take place over the 

next six to seven years. The settlers have agreed to remove nearly 2.5 million cubic yards 

of contaminated sediments from the Clark Fork and Blackfoot Rivers and remove the 

Milltown Dam to prevent recontamination. They will also provide funds for additional 

activities, including historic preservation and the removal of the nearby Stimson Dam, 

and will reimburse past and future federal response costs. After remediation is complete, 

the State of Montana will implement the restoration plan for the Clark Fork and 

Blackfoot Rivers, including reconfiguring and revegetating the channel and floodplain to 

return the rivers to their original free-flowing conditions. Once the remediation and 

restoration are complete, a local community group called the Milltown Redevelopment 

Working Group will oversee the implementation of the redevelopment plan it created for 

the area. 

The Milltown Reservoir site was added to the National Priorities List in September 1983 

after Missoula County health officials identified arsenic contamination in the drinking 

water supply. Residents were provided with an alternative water supply. A hundred 

years of mining activities upstream contaminated approximately 6.6 million cubic yards 

of sediments; the resulting groundwater arsenic plume impacted local drinking water and 

fishing. Multiple environmental investigations were performed in the Milltown 

Reservoir between 1982 and 1992 to determine the source and scope of the 

contamination. EPA and the Montana Department of Environmental Quality issued their 

cleanup plans for the site in a December 2004 Record of Decision. 

The 30-day public comment period for the Consent Decree began August 18, 2005 and 

ends September 19, 2005. 

For additional information, contact Diana Hammer, EPA Region 8 Community 

Involvement Coordinator, (406) 457-5040. 

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New OECA Assistant Administrator Sworn In 

On August 16, 2005, Granta Nakayama was sworn in as Assistant Administrator of 

EPA’s Office of Enforcement and Compliance Assurance (OECA). He had been 

confirmed by a Senate voice vote on July 29, 2005. In a statement before the Senate 

Committee on the Environment and Public Works during his confirmation hearings, 

Nakayama praised the “very dedicated, extremely capable staff in the enforcement and 

compliance assurance office.” He also noted that he had “personally worked with many 

of them over the last decade” as a lawyer with the firm Kirkland & Ellis LLP and was 

“uniformly impressed by their dedication and professionalism.” 

Nakayama joined the Kirkland firm, where he was a partner, in 1994. Before joining 

Kirkland, he served in the U.S. Navy’s nuclear submarine service. He holds a bachelor’s 

and master’s degree in nuclear engineering from MIT and was valedictorian of his 

graduating class at George Mason University School of Law. 

Nakayama fills the vacancy left by John Peter Suarez, who resigned January 5, 2004. 

Thomas Skinner has served as Acting Assistant Administrator since April 2004. 

For additional information, contact Pat Reilly, OECA, (202) 564-8684. 

Long-Time EPA Employee Finishes Montclair 

Site 

Following assessment and cleanup efforts that lasted approximately two decades, EPA 

has determined that the remediation of the Montclair/West Orange and Glen Ridge 

Radium Superfund sites in Essex County, New Jersey is complete. The determination 

was made after EPA conducted a study that showed that groundwater at the sites did not 

require remediation. This final step in the cleanup process was reached after almost 15 

years of removing radium-contaminated soil at the sites. The EPA completed its soil 

removal activities in December 2004, having excavated over 220,000 cubic yards 

(300,000 tons) of contaminated soil and debris. 

In 1983, the New Jersey Department of Environmental Protection discovered that 

numerous area homes contained high levels of radon gas and gamma radiation. EPA 

took emergency action and began installing radon ventilation systems and gamma 

radiation shielding in the affected residences. The Montclair/West Orange and Glen 

Ridge Radium sites were added to the National Priorities List in February 1985. It is 

suspected that the sites were contaminated by discarded materials from a nearby radium 

processing plant that operated in the early 1900s. After performing in-depth assessments 

of the type and scope of the contamination as well as an evaluation of different remedial 

approaches, EPA began removing the contaminated soil and backfilling the excavated 

areas with clean soil. Of the 897 residential and 24 municipal properties evaluated, 

cleanup was needed at 340 residential and 16 municipal properties, all of which were 

remediated and restored. The study of groundwater at the sites revealed that it meets 

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standards for drinking water and contains radon levels that are consistent with other area 

background levels. 

The completion of work at the Montclair/West Orange and Glen Ridge Radium sites 

closes a significant chapter in the career of John Frisco, Superfund Remedial Program 

Manager for EPA Region 2. Frisco has been involved with the site for the duration of 

EPA’s cleanup efforts, nearly twenty years. Frisco’s dedication to thorough site cleanup 

was evident in an interview with Newark Star-Ledger reporter, Philip Read: “What I 

don't want to do is pack up and leave town and say, ‘Gee, we left this whole pocket (of 

contaminated dirt) here. . . . Let's err on the side of taking too much out” (“An EPA 

Man’s Work Nears an End,” Newark Star-Ledger, July 14, 2005). Earlier this year, EPA 

recognized his accomplishments at the 2005 National Notable Achievement Awards, 

where he was honored with the Superfund Program’s Leader/Mentor of the Year Award. 

Throughout his career at EPA, Frisco has been searching for new innovative remediation 

technologies and helping EPA reach settlements and recuperate cleanup costs. He 

selflessly holds the attainment of Superfund program goals as a priority over personal 

recognition and is a valued leader within the program. 

For additional information about the completion of site cleanup, contact John Frisco, 

EPA Region 2 Superfund Remedial Program Manager, frisco.john@epa.gov, or (212) 

637-4400. 

EPA Orders Cleanup of Hazardous Materials at 

Abandoned Long Beach Metal Plating Shop 

Two companies and one individual must address the improper storage of dangerous 

chemicals, including solvents and sludge contaminated with chromium, arsenic and 

cyanide, at Industrial Zinc Plating, Inc, a former metal plating facility in Long Beach, 

California. EPA issued a cleanup order after a referral by the Los Angeles County 

Sanitation District. On June 21, 2005, EPA began an emergency removal action to 

address the immediate threat to human health posed by the contaminated solvents and 

sludge. 

The potentially responsible parties (PRPs) include Industrial Zinc Platers, Inc., Islander 

Extremes, Inc., and Raymond Ball. EPA estimates that it could cost the Agency $1 

million to complete cleanup actions at the site if the PRPs do not comply with the order. 

As part of the cleanup, EPA will investigate the building and surrounding grounds for 

additional contamination. 

Chromium is a possible carcinogen that can irritate the skin, lungs and mucous 

membranes. Arsenic is a toxic chemical compound that may be ingested orally or 

inhaled; both types of exposure can cause cancer as well as skin disease or irritation and 

affect the gastrointestinal tract, central nervous system as well as the kidneys and liver. 

Acute inhalation exposure to cyanide, which is commonly used in the electroplating 

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industry, can be deadly. Cyanide affects the central nervous system as well as the 

respiratory and cardiovascular systems and is easily absorbed through the skin. 

For additional information, contact Francisco Arcaute, EPA Region 9, 

arcaute.francisco@epa.gov. 

Successful “eCycling” Pilot Shows Electronics 

Recycling Can Be Achieved at Low Costs 

Recycling of consumer electronics such as lap tops and monitors can be accomplished 

efficiently and at low cost to both consumers and retailers, according to the findings of a 

pilot project in New England. The project partners included EPA, Staples, Inc. and 

Product Stewardship Institute, Inc. (PSI) and focused on using a company’s existing 

distribution infrastructure to collect and recycle electronic wastes. The pilot was 

implemented at 27 Staples stores throughout New England and 14 commercial customers 

located in Connecticut, Massachusetts and New Hampshire; the company’s delivery 

trucks and other elements of its distribution system collected 57 tons of electronic waste 

from both consumers at retail stores and the company’s commercial customers. The pilot 

was supported by an EPA grant of more than $46,000. PSI, a national non-profit 

organization based in Boston that promotes sustainable resource use, managed the grant. 

PSI collected and evaluated data about Staples’ business model to help determine the 

feasibility of expanding the program nationally and published their findings in a final 

report. 

Used consumer electronics can contain cadmium, lead, mercury, and other harmful 

constituents that can be released into the environment when traditional disposal methods 

are used. The New England pilot program demonstrates that the high cost of 

transportation, one of the common problems faced by electronics recycling programs, can 

be abated through partnerships with retailers willing to use their existing infrastructure to 

support eCycling initiatives. 

EPA’s “Plug-in to eCycling” program builds partnerships between government agencies 

and private business to address the need for eWaste recycling. Since the program was 

initiated in 2003, 45 million pounds of used electronics have been recycled and 

partnerships have been formed with various retailers including Best Buy and Dell 

Computers. “Plug-in to eCycling” is part of EPA’s Resource Conservation Challenge, a 

national effort to find ways to conserve resources and energy. 

The final report on the pilot project is available on PSI’s Web site at: 

http://www.productstewardship.us/pilot_takeback_staples.html. 

Additional information on the “Plug-in to eCycling” program is available on the “Plug-in 

to eCycling” Web site at: http://www.epa.gov/epaoswer/osw/conserve/plugin/index.htm. 

Information on eCycling efforts in New England is available at: 

http://www.epa.gov/region1/solidwaste/electronic/index.html. 

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For additional information on New England’s “Plug-in to eCycling” program, contact 

Christine Beling, EPA Region 1, beling.christine@epa.gov. 

Triad Saves $109K on Three Petroleum Sites 

by Deana Crumbling, Office of Superfund Remediation Technology Innovation, 

Technology Integration and Information Branch 

During the fall of 2004, the South Dakota Petroleum Release Compensation Fund (PRCF, 

a division of the SD Department of Revenue and Regulations) sponsored a study 

evaluating whether the Triad approach could significantly improve management of 

petroleum release sites. The study was organized by SD officials funding Risk-Based 

Cleanup Actions (RBCA) since 1995. These state officials were concerned that 

conventional assessment programs were providing inadequate understanding of 

contaminant sources and extent, which in turn led to inappropriately designed 

remediation systems—all of which were driving up costs to the Fund. 

The SD PRCF officials were aware that the Triad approach was formulated to produce 

highly reliable “pictures” of contaminant locations and concentrations, efficient remedial 

actions, and lower costs. They wanted to evaluate Triad’s effectiveness on their own 

challenging petroleum sites. Five legacy sites (those in the PRCF program between 5 to 

13 years) were selected for the study: four gas stations (one closed and three active) and a 

railroad fueling site. The sites were located over the eastern half of the state: two in 

Pierre, one in Platte, one in Woonsocket, and one in Watertown, SD. The study team and 

equipment moved from site to site sequentially over a total period of 3 weeks for all 5 

sites. 

The primary on-site technology was the direct-push membrane interface probe (DP-MIP). 

This tool pushes, rather than drills, into the ground making it more rapid and economical 

than standard drill rigs. Sensors incorporated into the probe are capable of measuring 

geological and contaminant parameters every two inches in the vertical dimension, 

capturing the subsurface heterogeneities that can cause conventional characterizations to 

give misleading results. Samples of high information value are verified by laboratory 

quality analyses. 

Over the 5 sites, a total of 133 subsurface pushes were advanced and 349,500 data points 

were collected from the probe’s sensors in real-time. The PRCF reports that this data 

density is 250 times the number of data points routinely collected during conventional 

characterization. The benefits of rapidly generating this high data density are: 

• much greater confidence that the source and extent of contamination have been 

accurately determined before the field team leaves the site, and 

• single field mobilizations greatly cut the time frame for deciding and 

implementing corrective action. 

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Three of the sites had previous conventional investigations, but uncertainties remained to 

hamper corrective action decision-making. However, these sites did provide a means of 

cost comparison for judging Triad cost savings. The 3 conventional assessments cost 

$35K, $63K, and $103K. The respective Triad assessments cost $30K (14% savings), 

$31K (51% savings), and $31K (70% savings), with all site questions resolved. For the 

two sites that did not have previous investigations, the Triad costs were $25K and $32K. 

By the end of the study, even those who were initially skeptical were impressed by 

Triad’s ability to bring stakeholders to consensus while saving time and Fund resources. 

The PRCF is now strongly encouraging project implementers to use the Triad approach 

on SD petroleum release sites. As the report states: “[T]he level of communication 

between the State and environmental consultants provided for a certain level of trust that 

usually does not exist during conventional site investigations...The cost [savings] 

associated with utilizing the Triad approach in comparison to conventional site 

investigations was astonishing.” 

Source: Report entitled “A Study of Managing Uncertainties Using the Triad Approach” 

by the SD Petroleum Release Compensation Fund (PRCF). July 2005. Contact: Ryan 

Collins, SD PRCF, (605) 773-3769. 

The Triad Resource Center Web site at: http://www.triadcentral.org also contains 

detailed information about the Triad approach and the interagency Triad initiative. See 

profiles of other Triad projects on the Web site at: http://www.triadcentral.org/user. 

Information is also available through the Technology Innovation Program’s Hazardous 

Waste Clean-up Information Web site at: http://cluin.org or by contacting the 

USEPA/OSWER/OSRTI Technology Innovation and Field Services Division at (703) 

603-9910. 

In The Courts 

US Requests Dismissal of Capital Tax 

Corporation’s Challenge to EPA’s Use of UAOs 

On July 22, 2005, the United States filed a motion in U.S. District Court to dismiss 

Capital Tax Corporation’s amended counter-claim in U.S. v. Capital Tax Corporation, 

Civ. Action No. 1:04cu4138 (D.N.D. Ill). Capital Tax’s original counter-claim—which 

was rejected by the Court—offered a facial challenge (a claim that a statute is 

unconstitutional as written) to certain provisions of CERCLA. In the revised counterclaim, Capital Tax offered an as-applied challenge (a claim that the statute is 

administered in an unconstitutional manner), arguing that EPA’s use of unilateral 

administrative orders (UAOs) under Section 106(a) of CERCLA is in pattern and practice 

unconstitutional in this and other cases. 

Capital Tax purchased parts of the former National Lacquer and Paint Co. site in 

southwest Chicago, Illinois in a 2001 tax auction. Capital Tax claims that it first 

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discovered stored paint and other materials after purchasing the property and gaining 

access to it. In August 2003, EPA issued a UAO to Capital Tax; EPA’s site inspection 

revealed 500 drums, 7,000 buckets, over 2,000 laboratory jars/bottles, and other 

abandoned materials at the site. Some materials were determined to be flammable, and 

EPA had reports from area residents that children had been playing with fireworks on the 

site. In October 2003, EPA conducted a time critical removal action to address the 

immediate threat to human health and the environment. When Capital Tax did not 

comply with the terms of the UAO by June 2004, EPA initiated site cleanup. EPA is now 

seeking to recover cleanup costs. 

For additional information, contact Clarence Featherson, OSRE, 

featherson.clarence@epa.gov. 

Settlement Will Ensure Former Mining Sites Are 

Cleaned Up and Converted to Open Space 

After several years of negotiations, EPA and the State of Colorado have announced a 

settlement with B&B Mines, Inc. for the Wellington-Oro Superfund site in Summit 

County, Colorado. B&B Mines, Inc. has agreed to sell the site and some adjacent land to 

two bona fide prospective purchasers and to reimburse EPA over $700,000 for past 

response costs. The consent decree, which was lodged in the U.S. District Court for the 

District of Colorado on May 31, 2005, is valued at over $7 million and will resolve B&B 

Mines’ Superfund liability at the site. Through a prospective purchaser agreement (PPA), 

the Town of Breckenridge and Summit County have agreed to purchase the WellingtonOro Mine and to implement the site remedy outlined in an Action Memorandum and 

amendments. The remedy includes constructing and operating a water treatment plant to 

address the primary source of acid mine drainage from Wellington-Oro Mine; the goal is 

to restore the water quality of the Blue River. The town and county will also purchase 

the Jessie Mine and Mill and IXL/Royal Tiger Mine and complete the cleanups outlined 

in the sites’ respective Voluntary Cleanup Plans. B&B Mines, the town, and the county 

will pay EPA for future response costs and the Department of the Interior for natural 

resource damages. The buyers will preserve all 1,800 acres of land purchased through 

the PPA as open space. 

Underground mining operations at the site began in the 1850s and continued for more 

than a century. B&B Mines, Inc. purchased the Wellington-Oro Mine and adjacent 

properties in the 1940s and leased it to other mining companies until 1973. When mining 

activities ended, heavy metals—primarily zinc and cadmium—seeped from the tunnels 

into surface water, decimating fish populations in both French Creek and the downstream 

portion of the Blue River. 

For additional information, contact Andrea Madigan, EPA Region 8, 

madigan.andrea@epa.gov. 

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Tidbits 

EPA Designates Mercury-Containing Equipment 

as Universal Waste 

Effective August 5, 2005, mercury-containing equipment is considered universal waste 

under the Resource Conservation and Recovery Act (RCRA) hazardous waste 

regulations. Under this rule, handlers of mercury-containing equipment are required to 

place mercury in specific containers to prevent releases; they must also dispose of or 

recycle the waste through an approved hazardous waste facility. EPA estimates that this 

rule will impact 1,877 generators who collectively handle 550 tons of mercury-containing 

equipment. Mercury is found in commonly used devices such as barometers, temperature 

gauges, pressure gauges, and automobile light switches. 

The universal waste management system promotes recycling of mercury-containing 

products by providing more streamlined, less stringent requirements for collecting, 

storing, and transporting certain wastes (e.g., batteries, thermostats, pesticides, and 

lamps). The decreased regulatory burden also encourages waste handlers to dispose of 

these wastes properly. Overall, compliance with hazardous waste regulations is made 

easier by the flexibility of the universal waste standards. For instance, handlers of 

universal waste are allowed to collect these wastes on site for a longer period of time and 

are not required to use a hazardous waste transporter when transporting the wastes. 

For additional information on the “Discarded Mercury-Containing Equipment Rule” see: 

http://www.epa.gov/epaoswer/hazwaste/recycle/electron/crt.htm or submit a question to 

the OSW “answer” database at: http://waste.custhelp.com. 

Abbreviated Permit Will Reduce Paperwork 

Burden While Maintaining Safe Hazardous 

Waste Management Standards 

As of July 29, 2005, eligible hazardous waste facilities can submit an abbreviated permit 

application to regulatory authorities for review. The new rule applies to facilities that 1) 

generate waste or receive waste generated off-site by a generator under the same 

ownership and 2) subsequently store or non-thermally treat the waste in on-site tanks, 

containers, and containment buildings. 

Under the new rule, the detailed facility information typically provided with the Part B 

application will be stored on-site at the facility for review, if necessary, and the applicants 

will provide more facility details and waste content with the submitted application. 

Facilities will still be required to hold a pre-application public meeting, and then submit a 

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Notice of Intent and supporting information. EPA has determined that the Notice of 

Intent and supporting materials typically provide enough information to allow for a draft 

permit determination. The standardized permit issued by EPA or the state permitting 

agency will consist of a uniform portion and when necessary a supplemental portion with 

conditions unique to the facility. 

EPA anticipates that this rule will impact between 870 and 1,130 eligible private sector 

and federal facilities. The annual cost savings from the reduced paperwork burden is 

estimated at between $2 and $4 million. 

The abbreviated permit resulted from the findings of an EPA special task force, the 

Permits Improvement Team (PIT); over several years, PIT worked with stakeholders 

from EPA, state permitting agencies, the regulated community, and the general public to 

review the permitting process and determine if improvements could be made. An EPA 

workgroup developed the standardized permit based on PIT’s findings. 

Additional information on this rule is available on the “Standardized Permit Rule” Web 

site at: http://www.epa.gov/epaoswer/hazwaste/permit/std-perm.htm or submit a question 

to the OSW “answer” database at: http://waste.custhelp.com. 

Calendar 

September 18-23, 2005 

North American Hazardous Materials Management Association 2005 Conference 

http://www.nahmma.org/ 

Tacoma, WA 

September 26-30, 2005 

Contaminated and Hazardous Waste Management—Theory, Practice, and Outdoor Field 

Demonstrations 

http://www.contaminatedsite.com/ 

Toronto, Canada 

October 13-14, 2005 

Canadian Brownfields 2005: Developing Livable Communities 

http://www.canurb.com/events/event_details.php?id=105 

Ottawa, Canada 

October 17-19, 2005 

Symposium on Contaminated Property Transactions: Navigating the Deals 

http://www.rtmcomm.com/rtmcomm/conference_detail.php?ConfID=17 

Cambridge, MA 

November 2-4, 2005 

Brownfields 2005 

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http://www.brownfields2005.org/en/index.aspx 

Denver, CO 

Glossary 

CERCLA Comprehensive Environmental Response, Compensation, and Liability 

Act 

DOJ Department of Justice 

DP-MIP Direct-push membrane interface probe 

EPA Environmental Protection Agency 

OECA Office of Enforcement and Compliance Assurance 

OSRE Office of Site Remediation Enforcement 

OSRTI Office of Superfund Remediation Technology Innovation 

OSW Office of Solid Waste 

OSWER Office of Solid Waste and Emergency Response 

PIT Permits Improvement Team 

PPA Prospective purchaser agreement 

PRCF Petroleum Release Compensation Fund 

PRP Potentially responsible party 

PSI Product Stewardship Institute, Inc. 

RBCA Risk-Based Cleanup Actions 

RCRA Resource Conservation and Recovery Act 

UAO Unilateral administrative order 

Subscription Information 

Richard W. Popino, PhD REM, editor-in-chief 

EPA Review Board: Diane Bartosh, Sandra Connors, Karen Ellenberger, Elliott Gilberg, 

Jeff Heimerman, Kenneth Patterson, Neilima Senjalia, Suzanne Wells 

CleanupNewsII Issue 21S2 - 10 
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Jami Weisbender, Cheryl Mueller, DPRA, Inc., writers 

Mary Spencer, DPRA, Inc., designer 

To comment on the newsletter, contact Richard W. Popino, PhD REM, at MC-2271A, 

US EPA, 1200 Pennsylvania Ave., NW, Washington, DC 20460, 

email:popino.rick@epa.gov. 

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. Past issues of CleanupNews can be found at 

http://www.epa.gov/compliance/resources/newsletters/cleanup/cleanupnews.html 

To be added to or deleted from the hardcopy list, contact Christine Rueter 

at christine.rueter@dpra.com. 

To receive CleanupNews by email, join the listserv at 

http://www.epa.gov/compliance/resources/listserv/cleanup.html. 

CleanupNewsII Issue 21S2 - 11