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- FY2007 Superfund Enforcement 

# Compliance and Enforcem ent Annual Results: FY2007 Superfund Enforcement
The response and cost recove ry commitments from private parties for fiscal year (FY) 2007 exemplify a robust enforcement program. The tota l number of settlements of Superfund enforcement actions increased from 276 in FY 2006 to 314 in FY 2007. The number of settlements for site study and cleanup work increased from 102 in FY 2006 to 140 in FY 2007. The number of settlement s for cost recovery stayed the same at 174 in fiscal years 2006 and 2007. Many of the settlements reache d with private parties in FY 2007 involved large amounts of money. For example, EPA entered a final agreement with General Electric Company at the Hudson River PCBs Superfund site in Region 2 for past and future costs valued at $177 million. In addition, EPA achieved settlements for $99 million at Fort Ord in Regi on 9, and $30 million at the Fox River Site and $37 million at the Allied Paper site in Region 5. More information on the Superfund and other land case highlights is available at Land Highlights

. EPA’s Superfund enforcement program achiev es site cleanup and maximum liable party participation in performing and paying for cleanup in ways that promote environmental justice and fairness. Fiscal year 2007 activities and results include: Record Setting Cost Recovery Successes New tools to help 'Good Samaritans' remove mine waste, restore watersheds, improve fisheries Requiring federal agencies to clean up contamination at their facilities Promoting redevelopment an d reuse of contaminated sites 

### Record Setting Cost Recovery Successes Once the Agency achieves cost recovery sett lement commitments, EPA, with support from the Department of Justice, must ensure that these settlements are co llected timely and in full. EPA had its best year ever in FY 2007 wi th cost recovery collections totaling over $336 million. FY 2007 cost recovery settlement commi tments totaled $252 million. Cost recovery collections over the life of the Superfund pr ogram total approximately $4.5 billion. More information on cost recovery is available on the Superfund enforcement cost recovery web page

. Vertac Collection
In FY 2007 the United States collected more than $127 million for costs incurred from cleanup in Region 6 of the Vertac Chemical (PDF) (4pp, 95KB, About PDF ) and Jacksonville FY2007 Annual Results Topics FY2007 Home Press Release Results Charts Numbers at a Glance Enforcement Highlights Air Highlights Water Highlights Land Highlights Cross-Media Highlights Compliance Highlights Assistance Incentives Results b y Re g ion 

## Data, Planning and Results Last u p dated on Frida y, Januar y 16th , 2009. htt p : // www.e p a. g ov / com p liance / resources / re p orts / endof y ear / eo y 2007 / 2007-s p -su p erfund.html 

### Page 1 of 4 Superfund Enforcement | FY2007 Compliance a nd Enforcement Annual Results | US EPA

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...Landfill (PDF) (4pp, 46KB, About PDF ) sites in EPA’s larges t Superfund enforcement judgment. On May 18, 2007, the United States collected more than $124 million from Hercules Incorporated in satisfaction of judgment for EP A response costs incurred in cleaning up the Vertac Chemical and Jacksonville Landfill Superfund Sites in Jacksonville, Arkansas. Chemtura Canada Co., formerly known as Uniroy al Chemical Ltd., paid more than $3 million to the United States on May 17, 2007, for a total collection from the two companies of more than $127 million, the largest Superfund enforcem ent judgment ever colle cted by EPA. The money was transferred to the Hazardous Waste Trust Fund. Dupont Impact on Cost Recovery EPA continues to work diligently with DOJ to recover past Superfund costs associated with EPA’s oversight of private party cleanup activiti es (“oversight costs”), which had previously been unrecoverable by EPA because of the 1993 ru ling by the United States Court of Appeals for the Third Circuit (“Third Circuit”) in US v. Rohm & Haas Co., F.3d 1265 (3d Cir. 1993) (“Rohm & Haas”). The Rohm & Haas decision prevented EPA from recovering oversight costs from sites located in New Jersey, Pennsylvan ia, Delaware and the U.S. Virgin Islands. Twelve years later, in United States v. DuPont , 432 F.3d 161 (3d Cir., 2005), the Third Circuit overruled its previous decision in Rohm & Haas to again allow EPA to recover oversight costs.
As a result of the United States v. DuPont decision, EPA reopened a number of cases where the government had preserved its right to purs ue oversight costs and in FY 2007 received, or parties committed to pay, over $5 million in pastoversight costs. These funds will either be placed in the Hazardous Waste Trust Fund or in site-specific special accounts. 

### New tools help 'Good Samaritans ' remove mine waste, restore watersheds, impr ove fisheries In June 2007 EPA cleared legal roadblocks that discourage volunteers from cleaning up abandoned mine sites. The Agency issued new to ols that will reduce legal uncertainties for public and private entities, or “Good Samaritans ,” to clean up orphan hardrock mine sites responsible for degrading water quality throughout the western United States.
Under the 2007 tools (PDF) (24pp, 162KB, About PDF ), EPA and volunteer parties will now be able to enter into "Good Samaritan SettlementAgreements." These agreements provide key legal protections to Good Samaritans as non-li able parties, including a federal covenant not to sue under the Superfund law, and will provide protection from third-party contribution suits. The other tool is a model comfort letter (1pp, 16KB, About PDF ) intended for Good Samaritan parties. More information is available on EPA ’ s Good Samaritan Web site

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### Requiring Federal Agencies to Clean Up Contamination at Their Facilities Under the federal Superfund law, EPA is responsi ble for overseeing cleanups done by federal agencies at federal facilities. EPA and fede ral agencies enter into agreements to guide cleanup federal facilities at their National Prioriti es List sites and to govern EPA’s oversight of those cleanups. Federal facilities continued to clean up th eir contaminated sites under enforceable agreements. Cleanup decisions for this year w ill address an estimated 55 million cubic yards 

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...of contaminated soils and 293 million cubic yards of contaminated water. This accounts for 25 percent of all clean up commitments by potentially responsible parties in FY 2007. Agreements Reached in 2007 In 2007 EPA, the U.S. Navy, the U.S. Department of the Interior, and the Commonwealth of Puerto Rico signed an agreement for the cleanu p of the Navy’s former Atlantic Fleet Weapons Training Area on the island of Vieques, off the east coast of Puerto Rico. At the Rocky Flats site near De nver, Colorado, EPA and the Depa rtment of Energy agreed on the long-term management of the former nucl ear weapons site ensuring that its cleanup continues to protect human health and the environment. Enforcement Orders when Agre ements Cannot be Reached EPA conducted extensive negotiations at severa l sites; however, the Agency could not reach cleanup agreements at some federal facilities, which resulted in the i ssuance of enforcement orders. The enforcement orders at the facilities identified below ensure that the federal agencies conduct the necessary cleanup work an d protect public health and the environment. The U.S. Air Force and Raytheon to clean up the Tucson Airport Superfund Site (also known as the Air Force Plant 44 si te) in Tucson, Arizona. The U.S. Air Force to investigate and clean up McGuire Air Force Base in New Jersey. The U.S. Army to assess the nature and ex tent of contamination at 14 waste sites at the Fort Meade base in Mary land and to implement appropriate cleanup actions. 

### Promoting Redevelopment and Re use of Contaminated Sites In FY 2007 OECA promoted not only the cleanu p but also the redeve lopment and reuse of contaminated sites by defining and addressing liability concerns and promoting the use of pilot projects and innovative settlements. Empire Canyon Launch es ER3 Pilot Project On April 17, 2007, EPA Administrator Steve Johnson formally announced the first project under the ER3 initiative where an enforcement incentive influenced a developer to minimize the environmental impacts of a planned redevelopment. The on-site event public ized the prospective lessee agreement that EPA and DOJ negotiated to addres s the lessee’s potential Superfund liability in exchange for a commitment to clean up the site and incorporate numerous environmentally friendly and sustainable elements into redevelopment of the site. More information on ER3

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Redevelopment of Federal Facilities In 2007, EPA reached agreements with other fe deral agencies and pr ivate developers to clean up several large federal facilities and ther eby return them to economically productive EPA Administrator Johnson speaking at Empire Canyon ER3 event 

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...reuse. These cleanups will turn former waste sites into productive, tax-producing properties improving the communi ties around them. EPA, the California Department of Toxic Su bstance Control, the United States Air Force, Sacramento County, and McClellan Bu siness Park joined forces to create the first privatized cleanup of a federally owne d Superfund site – McClellan Air Force Base – in the nation. EPA and the U.S. Navy reached agreement regarding the cleanup and redevelopment of the closed Roosevelt Roads base in Puerto Rico. Annual Results by Fiscal Year: FY2008 | FY2007 | FY2006 | FY2005 | FY2004 | FY2003 | FY2002 | FY2001 | FY2000 | FY1999 

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