EPA v. PORTSMOUTH NAVAL SHIPYARD

Case summary

10/11/22 Based on the results of a PFAS investigation, ESD documents expansion of LUC for prohibition of use of groundwater in OU3 by adding four areas associated with four buildings, Building 29, Former Building 335, Building 337, and Building 357. Prior to this ESD, OU3 occupied 22 acres. The total area of the revised LUC acreage for OU3 is 63 acres. FEDERAL FACILITY AGREEMENT: PORTSMOUTH NAVAL SHIPYARD #ME7170022019 LAND USE CONTROLS (NO TREATMENT OR REOMVAL OF MEDIA). FY 2017 - Final Order # 6: The Navy has changed the remedy for Operable Unit (OU) 9 documented in the Record of Decision (ROD) for OU9. Based on recent OU4 remedial activities dredging offshore of OU9 (monitoring station [MS]-01) and to incorporate an area of residual petroleum-contaminated subsurface soil into the existing OU9 land use controls (LUCs), the OU9 remedy will now include the following: - Revised LUC boundary north of Building 62 to include the area of residual contamination and the associated shoreline. - Long-term management (LTMgt) requirements for inspection and maintenance of the shoreline erosion controls to ensure continued protection of human health and the environment. - Applicable and relevant and appropriate requirements (ARARs) and a remedial action objective (RAO) to address the residual contamination area. FY 2017 - Final Order #7: - Implementation of land use controls (LUCs) via a LUC Remedial Design (RD) to prohibit residential and recreational land uses, prevent unrestricted access to subsurface soil, and require management of excavated soil. - Five-year site reviews to ensure that the remedy remains protective of human health and the environment. The Selected Remedy for OU8 implements LUCs for the entire OU8 area to prohibit residential and recreational uses of the site and prevent unrestricted industrial exposure to subsurface soil by requiring the continued presence of pavement and portions of Buildings 92 and 174 within the LUC boundary unless additional action is taken to prevent unacceptable exposure to contamination in subsurface soil. LUCs will also specify requirements for management of excavated soil as part of any future construction activities within the LUC boundary. The Navy will implement and maintain LUCs until concentrations of hazardous substances in subsurface soil are at levels that allow for unlimited use and unrestricted exposure. OU8 is in an industrial area that has no current or planned future residential or recreational use; therefore, LUCs will be effective to prevent residential exposure and recreational exposure to subsurface soil contamination by prohibiting use of the site for residential or recreational activities. There are no unacceptable risks for industrial exposure to surface soil at OU8 and requiring the continued presence of pavement will provide a barrier to prevent unrestricted exposure to subsurface soil. There are no current plans to remove Buildings 92 or 174; therefore, LUCS will be effective to prevent exposure to contamination that may be present under the buildings. Requirements for management of excavated soil as part of any future construction projects will ensure that potentially contaminated material from OU8 is managed and disposed of properly. The Selected Remedy for OU8 is expected to achieve substantial long-term risk reduction and allow the property to be used for current and reasonably anticipated future industrial land use.

Defendants (1)

• PORTSMOUTH NAVAL SHIPYARDNamed in complaintNamed in settlement

Facilities (2)

• PORTSMOUTH NAVAL SHIPYARD

  CODE 106.3, BUILDING 44/2, SEAVEY ISLAND, KITTERY, ME, 03904

  Registry ID: 110040852459

• PORTSMOUTH NAVAL SHIPYARD

  SEAVEY ISLAND, KITTERY, ME, 03904

  Registry ID: 110040852459

Statutes cited

• CERCLA 120E — Federal Facility Interagency Agreement

Enforcement conclusions (8)

• PORTSMOUTH NAVAL SHIPYARD (OU 2)entered 2011-09-29

  Primary law: CERCLA

• PORTSMOUTH NAVAL SHIPYARD - OU 7entered 2013-09-30

  Primary law: CERCLA

• PORTSMOUTH NAVAL SHIPYARD - OU6entered 2017-09-25

  Primary law: CERCLA

• PORTSMOUTH NAVAL SHIPYARD (OU1)entered 2010-09-27

  Primary law: CERCLA

• PORTSMOUTH NAVAL SHIPYARD - OU7entered 2017-09-20

  Primary law: CERCLA

• PORTSMOUTH NAVAL SHIPYARD - OU3entered 2022-10-11

  Primary law: CERCLA

• PORTSMOUTH NAVAL SHIPYARD - 0U 4entered 2013-09-30

  Primary law: CERCLA

• PORTSMOUTH NAVAL SHIPYARD - OU 9entered 2013-09-30

  Primary law: CERCLA

Timeline (2 milestones)

• 2006-09-16Enforcement Action Data Entered
• 2022-10-11Final Order Issued