What is Superfund?
The EPA considers the city of Omaha, Nebraska to be a lead Superfund Site on account of dangerously high surface-soil lead concentrations. The site, as defined, is 27 square miles and is centered on East and Downtown Omaha – the former site of The American Smelting and Refining Company, Inc. (ASARCO) and the operation of a lead battery recycling plant owned by Gould Electronics, Inc. Both the ASARCO and Gould facilities emitted lead-containing particulates that settled on surrounding residential properties.[1]
At the time the EPA named Omaha a Superfund Site, about one in three residential yards within the site contained lead in the soil at concentrations above 400 parts per million (ppm), the level deemed “safe”.[2]
Between 1999 and 2015, the EPA remediated more than 13,000 residential properties in accordance with the Record of Decision.[3] As specified, cleanup actions were to include:
- Excavation of soil exhibiting lead concentrations greater than 400 ppm
- Replacement of residential lead-contaminated soil
- Stabilization of lead-based paint to protect newly remediated soil from re-contamination
- Testing of indoor dust for lead concentrations
- Public education and outreach to increase awareness of lead and sources of lead contamination.[4]
The naming of Omaha as a Superfund Site and subsequent remediation was no small feat – below is a timeline by which the process unfolded. Importantly, remediation is ongoing and remains relevant over twenty years later. As of December 31, 2015, the EPA completed 93% of necessary cleanup (13,090 properties).[5]
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1998 |
The Omaha City Council sent a letter to EPA requesting assistance to address the high incidence of elevated blood lead levels found in children. The Omaha City Council sent a letter to EPA requesting assistance to address the high incidence of elevated blood lead levels found in children. |
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March 1999 |
EPA began collecting soil from residential properties used as child day-care facilities. |
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August 1999 |
EPA entered into several interagency agreements with the US Army Corps of Engineers to conduct Time Critical Removal Actions at more than 250 properties. EPA also issued a Unilateral Order to ASARCO. |
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April 2003 |
Omaha Lead Superfund Site listed on the National Priority List (NPL). |
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December 2004 |
EPA issued an Interim Record of Decision. |
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May 2009 |
EPA issued the Final Record of Decision. |
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June 2009 |
Settlement of the court case with ASARCO for more than $200 million. |
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December 2015 |
EPA completed the cleanup of 13,090 residential properties. |
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Ongoing |
The City of Omaha and Douglas County Health Department continue efforts to address lead contamination issues at the remaining properties where the owner was not willing to grant access to collect soil samples or clean up lead contaminated soil. |
This first artifact is an informational packet used by the EPA, meant to provide basic information about the Superfund program in a simple and accessible way.
In the case of the Omaha Lead Site, the EPA responded with a prioritized long-term action to remediate and recover the hazardous lead levels and high health risks for children. This included the enactment of the EPA’s goals:
- To protect human health and the environment by cleaning up contaminated sites
- To make responsible parties pay for cleanup work
- To involve communities in the Superfund Process
- To return Superfund sites to productive use.[6]
The second goal of making responsible parties pay for cleanup work will be the focus of this exhibit. We ask, to what extend did the EPA make the parties responsible for Omaha lead contamination pay? To what extent are liable parties held liable? To what extent do liable parties pay an appropriate amount in reparation for the hazards they created?
The section of this packet that asks, “who pays for the cleanup?” details negotiations between the EPA and potentially responsible parties. In the case of the Omaha Lead Site, potentially responsible parties included Union Pacific Railroad Co., ASARCO, Union Pacific Corp., and Gould Electronics Inc. These parties were all found liable for lead contamination and expected to pay for remediation and response actions as such – but how much did they pay? And did they pay enough?
For a better picture, proceed through this exhibit. You will find further documentation of liability requirements, legal complaints and consent decrees, and newspaper articles that demonstrate the process of the EPA’s feat to make responsible parties pay, and the challenges that accompanied this process.
[1] “Omaha Lead Site Profile.” EPA. Environmental Protection Agency, October 20, 2017. https://cumulis.epa.gov/supercpad/SiteProfiles/index.cfm?fuseaction=second.cleanup&id=0703481.
[2] Ibid.
[3] Ibid.
[4] Ibid.
[5] Ibid.
[6] “What Is Superfund?” EPA. Environmental Protection Agency, November 30, 2018. https://www.epa.gov/superfund/what-superfund.