2 10 26 https://steppingintothemap.com/inequalities/files/original/75c9d636f53833d36c259f82091290d0.pdf 0de5e80c41fd98a63813c8a8a583276c Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Superfund in Omaha Description An account of the resource A collection of historical documents illuminating the history and effectiveness of the Superfund Program in the Omaha Lead Site Email A resource containing textual messages and binary attachments sent electronically from one person to another or one person to many people. Subject Line The content of the subject line of the email Community Involvement Plan for Omaha Lead Superfund Site From The name and email address of the person sending the email Jonah M. Deppe To The name(s) and email address(es) of the person to whom the email was sent Debbie Kring Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource League of Women Voters Letter to EPA Description An account of the resource Letter from LWV to the EPA discussing the need for transparency while dealing with the soil remediation process in Omaha communities. Creator An entity primarily responsible for making the resource League of Women Voters Date A point or period of time associated with an event in the lifecycle of the resource April 5, 2004 https://steppingintothemap.com/inequalities/files/original/7a981c3a8b87bb0c46707044425af41a.pdf 0de5e80c41fd98a63813c8a8a583276c Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Superfund in Omaha Description An account of the resource A collection of historical documents illuminating the history and effectiveness of the Superfund Program in the Omaha Lead Site Email A resource containing textual messages and binary attachments sent electronically from one person to another or one person to many people. Subject Line The content of the subject line of the email Community Involvement Plan for Omaha Lead Superfund Site From The name and email address of the person sending the email Jonah M. Deppe To The name(s) and email address(es) of the person to whom the email was sent Debbie Kring Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource League of Women Voters Letter to EPA Description An account of the resource Letter from LWV to the EPA discussing the need for transparency while dealing with the soil remediation process in Omaha communities. Creator An entity primarily responsible for making the resource League of Women Voters Date A point or period of time associated with an event in the lifecycle of the resource April 5, 2004 https://steppingintothemap.com/inequalities/files/original/8c49d736d3f7e3af9e07d9705adcd9af.jpg 050c1d03f6f8ba231a9009f79f532747 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Superfund in Omaha Description An account of the resource A collection of historical documents illuminating the history and effectiveness of the Superfund Program in the Omaha Lead Site Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Omaha Lead Site Superfund Remedial Response Process Subject The topic of the resource Omaha superfund lead remediation Description An account of the resource Lead remediation response plan for soil in the superfund site of Omaha. Creator An entity primarily responsible for making the resource MFG, Inc. consulting scientists and engineers Date A point or period of time associated with an event in the lifecycle of the resource March 24. 2004 https://steppingintothemap.com/inequalities/files/original/6a9f1cdd4cca77f80ba16ac71a633e82.png 7be28214a3e7f58b4dc46caf9b02d24b Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Superfund in Omaha Description An account of the resource A collection of historical documents illuminating the history and effectiveness of the Superfund Program in the Omaha Lead Site Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Document Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Omaha Lead Site Listed on the National Priorities List (NPL) – Fact Sheet Subject The topic of the resource National Priorities List, Superfund, Omaha Lead Site, lead contamination, soil contamination, NPL listing, EPA Region 7, public health Description An account of the resource Region 7 fact sheet announcing that the Omaha Lead Site was added to the National Priorities List (NPL) on April 30, 2003. The document explains that NPL sites receive highest priority for cleanup and become eligible for long-term Superfund funding, and it summarizes background contamination from historic smelting and refining operations in eastern Omaha. Creator An entity primarily responsible for making the resource U.S. Environmental Protection Agency, Region 7 Source A related resource from which the described resource is derived U.S. Environmental Protection Agency, Region 7. “Omaha Lead Site Listed on the National Priorities List (NPL), Omaha Lead Site, Omaha, Nebraska.” Fact Sheet, May 2003. Publisher An entity responsible for making the resource available U.S. Environmental Protection Agency, Region 7 Date A point or period of time associated with an event in the lifecycle of the resource 05/2003 Rights Information about rights held in and over the resource Public domain, U.S. federal government document Format The file format, physical medium, or dimensions of the resource Still Image Language A language of the resource English Type The nature or genre of the resource Still Image Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant ||||osm Omaha, Douglas County, Nebraska, United States EPA Lead NPL Omaha Lead Omaha Lead Cleanup https://steppingintothemap.com/inequalities/files/original/7acedb879c7d16431ef3a3672b76e372.png 3c2d3c3904b3d60e8e2db26220c0fcce Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Superfund in Omaha Description An account of the resource A collection of historical documents illuminating the history and effectiveness of the Superfund Program in the Omaha Lead Site Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Document Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Omaha Lead Site, Operable Unit 01, Interim Record of Decision Subject The topic of the resource Lead contamination, soil remediation, Interim Record of Decision, Omaha Lead Site, Operable Unit 01, Superfund, EPA Region 7, public health policy Description An account of the resource Title page of the EPA document “Omaha Lead Site, Operable Unit 01, Interim Record of Decision,” issued by U.S. EPA Region 7 on December 15, 2004. This is the first major federal policy decision that formally committed to large-scale lead soil remediation in Omaha and selected the preferred cleanup alternative for residential properties. Creator An entity primarily responsible for making the resource U.S. Environmental Protection Agency, Region 7 Source A related resource from which the described resource is derived U.S. Environmental Protection Agency, Region 7. Omaha Lead Site, Operable Unit 01, Interim Record of Decision, December 15, 2004. Publisher An entity responsible for making the resource available U.S. Environmental Protection Agency, Region 7 Date A point or period of time associated with an event in the lifecycle of the resource 12/15/2004 Rights Information about rights held in and over the resource Public domain, U.S. federal government document Relation A related resource Part of the Omaha Lead Superfund Site Omeka exhibit section, “How It Began: The First Policy for Omaha’s Lead Cleanup” Language A language of the resource English Type The nature or genre of the resource Still Image Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant ||||osm Omaha, Douglas County, Nebraska, United States IROD Lead remediation Policy https://steppingintothemap.com/inequalities/files/original/e15cff1d8bbd657ac27b8768a948866a.pdf 71a151449f6d7d598d2d1b258a74f824 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Superfund in Omaha Description An account of the resource A collection of historical documents illuminating the history and effectiveness of the Superfund Program in the Omaha Lead Site Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Superfund Cleanup Program Description An account of the resource This informational packet used by the EPA lays out the basics of 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: 1. To protect human health and the environment by cleaning up contaminated sites 2. To make responsible parties pay for cleanup work 3. To involve communities in the Superfund Process 4. To return Superfund sites to productive use. 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 those parties responsible for Omaha lead contamination pay? To what extent are liable parties held liable? To what extent to liable parties pay an appropriate amount in retribution for the hazards they created? The section of this flyer 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 the lead contamination and expected to pay for remediation and response actions as such – but how much did they pay? 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. Creator An entity primarily responsible for making the resource "Fish Smart" Source A related resource from which the described resource is derived epa.gov Format The file format, physical medium, or dimensions of the resource .pdf Language A language of the resource English Type The nature or genre of the resource Informational flyer https://steppingintothemap.com/inequalities/files/original/5e3bbe3d43b501c93721d7aa1ebd7768.pdf d93cc31ec73d2c7e6818cee0a5ab576e Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Superfund in Omaha Description An account of the resource A collection of historical documents illuminating the history and effectiveness of the Superfund Program in the Omaha Lead Site Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource US and the State of Nebraska v. Union Pacific Railroad Co., Union Pacific Corp., and Gould Electronics Inc. Complaint Subject The topic of the resource Complaint of liability of Union Pacific Co. and Corp. and Gould Electronics Inc. Description An account of the resource This legal complaint documents the accusations of Union Pacific Railroad Co., Union Pacific Corp., and Gould Electronics Inc. to be liable under CERCLA Section 107 to pay for lead contamination remediation and response actions. This complaint was filed because of the two lead smelting facilities ran by Union Pacific and Gould. Relevantly, “The first and largest smelter to operate in Omaha was the ASARCO facility built at the end of the 19th century on property leased from and owned by UP. The Gould facility was built in the 1950’s”. These facilities were proven to release lead particulate emissions as a routine part of operations and were thus charged with area air and soil contamination in Omaha. In August 1999, the EPA ordered ASARCO to comply with CERCLA to “perform the necessary removal action” and ASARCO refused to comply with the order. The EPA proceeded to fund removal action, and with this complaint is demanding a refund by the parties responsible for the contamination. Relevant here is a citation of another artifact, Section 107 of CERCLA that maintains “Notwithstanding any other provision or rule of law… (1) the owner and operator of a vessel or a facility, or (2) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substances were disposed of, shall be liable for all costs of removal or remedial action incurred by the United States Government or a State”. This claim for relief states that “Defendants UP and Gould are therefore liable under Sections 107(a)(2) and 113(g)(2) of CERCLA, 42 U.S.C. §§ 9607(a)(2), 9613(g)(2), for all costs incurred by the United States in response to releases of hazardous substances at and from the facilities”. This complaint provides a designation of trial location and an anticipation that the Court “find[s] each Defendant jointly and severally liable” for the hazards and for all unreimbursed costs. This is a valiant first effort, predating all trials, by the EPA to ensure that responsible parties pay. There is no provision of quantifiable liabilities in this complaint, so gauging the harm for which these companies are responsible is quite difficult. One can recognize, however, the first step of identifying responsible parties and asserting their liabilities. Creator An entity primarily responsible for making the resource The United States District Court for the District of Nebraska Source A related resource from which the described resource is derived EPA online archives Date A point or period of time associated with an event in the lifecycle of the resource June 1, 2011 Contributor An entity responsible for making contributions to the resource US Federal Government (EPA), The State of Nebraska, Union Pacific Railroad Co., Union Pacific Corp., Gould Electronics Inc. Rights Information about rights held in and over the resource Public Information Format The file format, physical medium, or dimensions of the resource .pdf Language A language of the resource English Type The nature or genre of the resource Legal document: Complaint Identifier An unambiguous reference to the resource within a given context 8:11-cv-00195-LSC -FG3 Doc #1 CERCLA Complaint EPA Gould Electronics Inc. Hazard Liability Union Pacific https://steppingintothemap.com/inequalities/files/original/a51645453a97de8c862ca391e9cdafba.pdf 32643859426226c1129306794b32ae06 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Superfund in Omaha Description An account of the resource A collection of historical documents illuminating the history and effectiveness of the Superfund Program in the Omaha Lead Site Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource United States of American and State of Nebraska v. Gould Electronics Inc. Consent Decree Subject The topic of the resource Gould Electronics Inc. Consent Decree Description An account of the resource In accordance with CERCLA, the United States (on behalf of the EPA) and the State of Nebraska (on behalf of the Nebraska Department of Environmental Quality) filed a complaint against Gould Electronics Inc., a party deemed partially responsible, for payment toward the remediation and response actions necessary in the Omaha Lead Superfund Site. Gould Electronics Inc. was a battery manufacturer, with a lead smelter located in the Superfund Site. While its industrial air pollution was not as severe as ASARCO’s or Union Pacific’s, it contributed to the overall hazardous state of the Superfund Site area and was held responsible to pay. This consent decree documents Gould Electronic Inc.’s agreement to pay $1,104,000 to the EPA and $46,000 to the Nebraska Department of Environmental Quality within 30 days of its filing. These payments were to be used to reimburse the EPA and the State for remediation actions already taken to address the contamination at the Superfund Site. There were no required efforts of the company beyond these payments, as there was with Union Pacific. Importantly, in court Gould Electronics Inc., referred to as the “settling defendant,” did not admit and in fact, expressly denied any liability based on the allegations of lead pollution or contamination. This is an example of yet another company who believed, or claimed to believe, that their contribution to the Superfund Site was minimal. There is reason to suspect that the monetary settlement was a compromise – an agreement based on the two parties’ demands. This would imply that Gould Electronics Inc. did not pay the full amount for which they were charged to be liable. Much alike Union Pacific’s consent decree, this document is missing an assessment of how much money the United States Government was owed by Gould Electronics in total, as was present in the settlement with ASARCO. For this reason, it is challenging to say to what extent the EPA accomplished the goal of “making responsible parties pay” in the case of Gould Electronics Inc. This is not to say that this Consent Decree and settlement was not successful in holding Gould Electronics Inc. accountable for their pollution, however without knowing an exact quantification of the harm done by Gould Electronics, it cannot be said with certainty the extent to which the EPA was effective in accomplishing their goal. Creator An entity primarily responsible for making the resource United States District Court for the District of Nebraska Source A related resource from which the described resource is derived EPA online archive Date A point or period of time associated with an event in the lifecycle of the resource June 1, 2011 Contributor An entity responsible for making contributions to the resource United States Federal Government, State of Nebraska, Gould Electronics Inc. Rights Information about rights held in and over the resource Public information Format The file format, physical medium, or dimensions of the resource .pdf Language A language of the resource English Type The nature or genre of the resource Legal Document: Consent Decree Identifier An unambiguous reference to the resource within a given context 8:11-cv-00195-LSC-FG3 Doc #2-6 CERCLA Consent Decree EPA Gould Electronics Inc. Liability Responsible parties State of Nebraska United States https://steppingintothemap.com/inequalities/files/original/48bf7ecc368a1bf5d57619fa4d7d4203.pdf 525bd5a46b01f40ec5d0a64be9463864 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Superfund in Omaha Description An account of the resource A collection of historical documents illuminating the history and effectiveness of the Superfund Program in the Omaha Lead Site Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Lead cleanup plan in Omaha criticized Subject The topic of the resource Union Pacific objects to EPA's lead cleanup plan Description An account of the resource This 2009 Omaha World Herald article narrates the conflict surrounding the EPA’s initial plan for cleanup of the Omaha Lead Site. Union Pacific, one of the companies deemed liable for excessive contamination, effectively objected from charges by claiming that “the $400 million effort is a misuse of tax dollars and will leave children at continued risk of lead poisoning”. A principle concern motivating this objection was that Omaha’s lead risks were caused more by residential deteriorating lead-paint than industrial air pollution. This article demonstrates uncertainty of an appropriate remediation strategy and apprehension of liable parties. Union Pacific proposed “a cleanup that could cost one-fourth to one-half of what the EPA [proposed]” however consideration of corporate interests surface in such a proposal. This alternative cleanup plan was written to reflect findings by scientists hired by Union Pacific. [maybe insert something here about the likelihood of misinformation, cite other studies about hired “scientists” that perpetuate false information as a delay/distract tactic. Is this getting too far into things?] In response to Union Pacific’s objection, the EPA held that industrial operations are the largest source of lead pollution and that smelter emissions accounted for over 95% of contamination in tested yards. The EPA acknowledged the dangers of lead paint but cited limited authority to fix deteriorating paint on homes. While the source of lead contamination is somewhat contestable, the liability of guilty parties in any capacity should remain concrete – this objection by Union Pacific and complementarily shrunken cleanup plan seemed to be an attempt to avoid or escape relevant liabilities. Regardless, this artifact is further evidence for the obstacles the EPA faced in their feat to name and charge guilty parties for lead contamination and, further, to secure adequate funds for remediation as the effects of the contamination outweighed any retribution effort in priority. This article states that “The EPA ha[d] made the Omaha cleanup one of its top priorities nationally because the city’s children are at immediate risk”. The interruption in proceeding with remediation efforts, for the sake of public health hazards, was more than an inconvenience on behalf of Union Pacific. Such complications prevented the EPA from achieving their stated goal of making responsible parties pay.   Creator An entity primarily responsible for making the resource Nancy Gaarder Publisher An entity responsible for making the resource available Omaha World Herald Date A point or period of time associated with an event in the lifecycle of the resource January 16, 2009 Rights Information about rights held in and over the resource Copyright ©2009 Omaha World-Herald®. All rights reserved. Format The file format, physical medium, or dimensions of the resource .pdf Language A language of the resource English Type The nature or genre of the resource Newspaper Article Identifier An unambiguous reference to the resource within a given context Lead Cleanup plan in Omaha criticized.pdf EPA Lead remediation Liability Newspaper Omaha World Herald Responsible parties Union Pacific https://steppingintothemap.com/inequalities/files/original/c78a960077d30bc34506c40c78871fd1.pdf cd7462e8562a5d7f2993634a5c381f1c Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Superfund in Omaha Description An account of the resource A collection of historical documents illuminating the history and effectiveness of the Superfund Program in the Omaha Lead Site Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Legal Document Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource In re: ASARCO LLC, et al. Amended Settlement Agreement and Consent Decree Subject The topic of the resource Bankruptcy Litigation for ASARCO Description An account of the resource This artifact essentially gets to the heart of the question “did the Environmental Protection Agency accomplish their goal of holding responsible parties financially responsible for the pollution of the Omaha Lead Site?” In this document, the United States’ government estimates the liability of ASARCO in the remediation of the Omaha Lead Site at over $406 million owed to the United States Government and over $2.3 million to the State of Nebraska. As a settlement agreement, this document essentially outlines what the US government deemed to be a reasonable amount that ASARCO should pay in order to fulfill this liability. The document expresses that the settlement is to be comprehensive in covering all of the claims by the United States and the State of Nebraska against ASARCO in paying all past and future costs of the work performed at the Omaha Lead Site. The agreement states, “this Settlement Agreement is in the public interest, is fair and reasonable, and is an appropriate means of resolving this matter.” However, the agreement was also settled without any admission of liability for ASARCO, meaning that though ASARCO was made to pay some of the cost of their actions, they were never held legally responsible. But the question remains: was ASARCO held financially responsible for the pollution of the Omaha Lead Site? Paragraphs 7 & 8 of this document addresses these questions. In paragraph 7, the document states that in order to settle and fully satisfy all claims from the United States for costs in relation to the Omaha Lead Site, ASARCO was to pay $186.5 million. In order to satisfy the claims from the state of Nebraska, ASARCO was made to pay $1million. Between these two payments, ASARCO paid less than 50% of the damages they were estimated to owe to the United States Government and the Government of Nebraska. By paying less than half of the damages estimated, it is hard to say the government was truly able to hold ASARCO financially responsible for their actions. Though it is true that the settlement was part of a bankruptcy hearing for ASARCO, that does not necessarily mean that ASARCO could not have been held more responsible for the pollution of the Omaha Lead Site. ASARCO is still operational today and is a subsidiary of Grupo México, the largest mining corporation in Mexico. (Will add something from that other article here). Creator An entity primarily responsible for making the resource THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION Source A related resource from which the described resource is derived epa.gov Publisher An entity responsible for making the resource available Environmental Protection Agency Date A point or period of time associated with an event in the lifecycle of the resource March 13, 2009 Format The file format, physical medium, or dimensions of the resource pdf Language A language of the resource English Type The nature or genre of the resource Legal Document Identifier An unambiguous reference to the resource within a given context Case No. 05-21207, Chapter 11 ASARCO Court EPA Legal