EPA Orders Occidental Chemical Corp. to Design Cleanup Plan for the Upper Nine Miles of the Lower Passaic River at the Diamond Alkali Superfund Site in New Jersey

NEW YORK (March 2, 2023) - Today, the U.S. Environmental Protection Agency (EPA) issued an administrative order requiring Occidental Chemical Corp. (OxyChem) to design the interim cleanup plan that EPA selected in September 2021 for the upper nine miles of the Lower Passaic River Study Area of the Diamond Alkali Superfund site in New Jersey. OxyChem will be responsible for preparing work plans and conducting a preliminary investigation. This includes sampling to identify contamination boundaries. OxyChem will also conduct studies to assess the river bottom, shoreline, and other aspects of the river in preparation for the cleanup. 

“Under this order, OxyChem will perform the engineering work needed before the actual cleanup work can begin,” said Regional Administrator Lisa F. Garcia. "EPA will closely monitor this work, which is a critical step towards restoring this iconic river for the communities along its banks." 

The Diamond Alkali Superfund site includes the lower 17 miles of the Passaic River. The majority of the contaminated sediment is in the lower 8.3 miles, but the contamination in the upper nine miles continues to impact the river's ecosystem and surrounding communities. In September 2021, EPA finalized a cleanup plan that involved removing or isolating the contamination sources under a cap. This cleanup work is planned to coincide with the cleanup of the lower 8.3 miles of the river. OxyChem is designing the lower portion's cleanup plan and will perform the upper nine-mile design. Following EPA approval, the final design report will include site-wide monitoring plans, health and safety plans, and provide a detailed outline of the cleanup plan, including specific details on how the cleanup will be conducted.

 The cleanup plan that OxyChem will be designing is an interim action, meaning that when the cleanup has been completed, EPA will evaluate the results and may determine that further work is necessary to address any remaining contamination in this section of the river. The cleanup plan includes the following: 

     Capping and dredging of approximately 387,000 cubic yards of contaminated sediment.

    Prior to capping, sediment will be dredged to a depth to accommodate the cap so that the potential for flooding is not increased. 

    Additional capping and dredging in areas with the potential for erosion and high concentrations of contaminants in the subsurface. 

    Evaluating areas where sediments can be dredged so that capping would not be needed.

    Processing dredged materials at one or more nearby sediment processing facilities.

   Restricting activities in the river to protect the cap, and the continuation of New Jersey's existing prohibitions on fish and crab consumption. 

   Monitoring and maintaining the cap to ensure its stability and integrity in the long term.

 Background

EPA often divides cleanup activities at complex sites into different areas or operable units (OUs): The Diamond Alkali Superfund site is currently organized into four OUs.

 OU1 is the location of the former Diamond Alkali pesticide manufacturing plant at 80-120 Lister Avenue, for which an interim cleanup for containment was completed in 2001.

OU2 is the lower 8.3 miles of the Lower Passaic River, from Newark Bay to river mile 8.3, for which EPA selected a cleanup in 2016. The estimated $1.38 billion cleanup plan is currently in remedial design under EPA oversight.

OU3 is the Newark Bay Study Area. EPA is currently overseeing an in-depth investigation of the bay, including the nature and extent of the contamination and the potential risks to human health and the environment from exposure to this contamination, and an evaluation of technologies and alternatives in order to determine how best to clean it up over the long term.

OU4 is the 17-mile Lower Passaic River Study Area which includes both the lower 8.3 miles of the River and the upper nine miles. This administrative order covers design work for cleanup of the upper nine miles of OU4 in the Lower Passaic River Study Area which is an interim action. When the cleanup work has been completed, EPA will evaluate conditions in the river, determine if further work is needed, and document the decision in a final decision document.

 Visit the Diamond Alkali Co. Superfund site profile page for additional background and site documents.

 Follow EPA Region 2 on Twitter and visit our Facebook page. For more information about EPA Region 2, visit our website.

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EPA Requires Norfolk Southern to Sample for Dioxins in East Palestine

WASHINGTON – In direct response to the concerns Administrator Michael Regan heard from residents in East Palestine earlier this week, the U.S. Environmental Protection Agency (EPA) will require Norfolk Southern to test directly for dioxins. If dioxins are found at a level that poses any unacceptable risk to human health and the environment, EPA will direct the immediate cleanup of the area as needed. In addition, EPA will require Norfolk Southern to conduct a background study to compare any dioxin levels around East Palestine to dioxin levels in other areas not impacted by the train derailment. Pursuant to EPA’s order holding Norfolk Southern accountable, EPA will oversee all potential cleanup efforts. EPA will also continue sampling for “indicator chemicals,” which based on test results to date, suggest a low probability for release of dioxin from this incident.

“Over the last few weeks, I’ve sat with East Palestine residents and community leaders in their homes, businesses, churches, and schools. I’ve heard their fears and concerns directly, and I’ve pledged that these experiences would inform EPA’s ongoing response efforts,” said EPA Administrator Michael S. Regan. “In response to concerns shared with me by residents, EPA will require Norfolk Southern to sample directly for dioxins under the agency’s oversight and direct the company to conduct immediate clean up if contaminants from the derailment are found at levels that jeopardize people’s health. This action builds on EPA’s bipartisan efforts alongside our local, state, and federal partners to earn the trust of this community and ensure all residents have the reassurances they need to feel safe at home once again.”

EPA’s approach to addressing community concerns for dioxins has focused on sampling and analysis for “indicator chemicals” such as chlorobenzenes and chlorophenols that would suggest the potential for the release of dioxins attributable to the derailment. EPA is currently analyzing for 19 chlorobenzene and chlorophenol compounds in the area of East Palestine.  As of February 28, EPA has collected at least 115 samples in the potentially impacted area, which include samples of air, soils, surface water, and sediments.  To date, EPA’s monitoring for indicator chemicals has suggested a low probability for release of dioxin from this incident. EPA’s air has detected only low levels of 1,4-dichlorobenzene typical of ambient background concentrations. 

Holding Norfolk Southern Accountable

The input and perspective of the East Palestine community is essential to EPA’s ongoing response efforts to the train derailment and to holding Norfolk Southern accountable. To address concerns from residents about the potential release of dioxins resulting from the derailment, EPA will continue to sample for indicator chemicals and will also require Norfolk Southern to begin sampling directly for dioxins. If dioxins are found in the area including East Palestine, EPA will share the information with the public, determine whether the level of contaminants found poses any unacceptable risk to human health and the environment, and direct the immediate cleanup of the area in coordination with Ohio EPA, Pennsylvania Department of Environmental Protection, and other partners.

Dioxins may be found in any urban or rural environment as a result of common processes such as burning wood or coal.  Dioxins break down slowly in the environment, so the source of dioxins found in any area may be uncertain.  To address related questions, EPA will require Norfolk Southern to conduct a background study to compare any dioxin levels around East Palestine to dioxin levels in other areas not impacted by the train derailment. 

EPA is also currently reviewing a draft plan by Norfolk Southern to develop a dioxin “fingerprint” for soil sampling. EPA anticipates that developing a dioxin fingerprint for East Palestine will require use of certified laboratories that can perform high-resolution gas chromatography and mass spectrometry to identify various isomers of dioxins.  If this dioxin fingerprint can be developed with reliable methodologies, it will help EPA determine whether any dioxin particularly from the train derailment and controlled burn impacted the local environment. 

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EPA Announces Enforcement Actions to Control Hydrofluorocarbon Imports

WASHINGTON — Today, the U.S. Environmental Protection Agency (EPA) announced several enforcement actions that support national and international goals to reduce the use of hydrofluorocarbons (HFCs) in our fight against climate change. These civil penalty actions include three landmark settlements with HFC importers who failed to report their imported quantities in violation of the Clean Air Act’s (CAA) Greenhouse Gas Reporting Program: Artsen Chemical America, LLC ($247,601 penalty), Harp USA, Inc. ($275,000 penalty), and the IGas Companies ($382,473 penalty). EPA is aggressively pursuing similar actions against several other importers that failed to report their HFCs.

EPA also recently issued the first notices of violation (NOVs) under the American Innovation and Manufacturing Act of 2020 (AIM Act) to alleged violators who imported regulated substances without required allowances. Under the AIM Act, importers are required to expend allowances to import HFCs. Compliance with the allowance system is critical to assuring the success of the United States’ HFC phasedown program. Illegal imports undermine the phasedown, disadvantage companies who follow the rules, and contribute to global warming.

"These NOVs demonstrate EPA's commitment to enforcing the American Innovation and Manufacturing Act of 2020," said Larry Starfield, Acting Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “In addition, our Greenhouse Gas Reporting Program settlements with HFC importers recognize that accurate data is essential for setting sound climate change policy.”

Stopping illegal HFC imports is a top priority of a federal interagency task force that includes EPA and U.S. Customs and Border Protection. In fiscal year 2022, the task force prevented illegal HFC imports equal to more than 889,000 metric tons of carbon dioxide. This equates to the carbon dioxide released from powering 173,000 homes with electricity for a year.

HFCs are commonly used in refrigeration and air conditioning equipment. Released to the atmosphere, HFCs can have a climate impact thousands of times stronger than carbon dioxide. Enforcement of the Greenhouse Gas Reporting Program demonstrates the Biden Administration’s commitment to address HFCs and protect our climate. The United States agreed under the bipartisan AIM Act to phasedown HFC production and consumption by 85% by 2036, consistent with the international HFC phasedown laid out in the Kigali Amendment to the Montreal Protocol. Global efforts to phase down HFCs are expected to avoid up to 0.5 °C of global warming by 2100. Accurate reporting of HFCs helps set sound policy and going forward under the HFC phasedown will allow the United States to verify we are meeting the limits under the AIM Act.

More information on the settlements and outstanding NOVs can be found at: Enforcement of the Greenhouse Gas Reporting Program: HFC Importers | US EPA. More information on the AIM Act NOVs can be found at: Enforcement of the American Innovation and Manufacturing Act of 2020 | US EPA.

Learn more about the Greenhouse Gas Reporting Program here: Greenhouse Gas Reporting Program. For more information on the EPA’s actions to address HFCs, visit: Protecting Our Climate by Reducing Use of HFCs.

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EPA Announces Listening Sessions on a Potential CERCLA Enforcement Discretion Policy for Addressing PFAS Contamination at Superfund Sites

WASHINGTON – The U.S. Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) announces two public listening sessions to receive individual input related to concerns about potential liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as “Superfund.” The input received will be reviewed and considered by EPA in drafting a CERCLA per- and polyfluoroalkyl substances (PFAS) enforcement discretion and settlement policy to the extent that PFAS cleanup enforcement efforts occur under CERCLA. There will be opportunities to provide verbal input during the public listening sessions and written input submissions in a separate form.

These listening sessions will focus on an enforcement policy related to responsible parties’ financial obligations under PFAS contamination response actions. The session will not focus on the actions needed to address PFAS contamination or EPA’s progress in the Agency’s PFAS Strategic Roadmap commitments.

The dates for the sessions are:

• Tuesday, March 14, 2023, from 1:00 p.m. to 3:00 p.m. (Eastern Standard Time), and
• Thursday, March 23, 2023, from 10:00 a.m. to noon (Eastern Standard Time)

EPA’s CERCLA PFAS enforcement discretion and settlement policy is aimed at addressing stakeholder concerns and reducing uncertainties by clarifying when EPA intends to use its CERCLA enforcement authorities or its CERCLA enforcement discretion. To the extent that PFAS cleanup enforcement efforts occur under CERCLA, EPA will develop a CERCLA PFAS  enforcement discretion and settlement policy. The policy will take into account various factors, such as EPA’s intention to focus enforcement efforts on PFAS manufacturers and other industries whose actions result in the release of significant amounts of PFAS into the environment, and EPA’s intention not to focus on pursuing entities where factors do not support taking an enforcement action.

Although EPA will not provide responses to input that it receives through this solicitation, EPA will carefully consider and take all input it receives into consideration in the development of an enforcement discretion and settlement policy.

These listening sessions are separate from EPA’s perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) hazardous substance designation rulemaking process. The input provided through the listening sessions are not part of the rulemaking comment docket. The hazardous substance designation rulemaking comment period has closed.

Registration is required to attend a listening session. The registration form provides the option for participants to either make live verbal remarks or to just listen. Information on the opportunity to speak at the session is provided on the registration form.

More information on the CERCLA PFAS Enforcement Discretion Listening Sessions and how to register to participate can be found at: CERCLA PFAS Enforcement Listening Sessions | US EPA

Also, EPA is holding separate Regional PFAS Community Engagement Sessions to update Progress on the PFAS Strategic Roadmap. Learn more about EPA’s Regional PFAS Community Engagement Sessions.

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