EPA v. Brooklyn Union Gas Co. d/b/a National Grid NY

Case summary

Region 2 entered into an Administrative Order and Settlement Agreement (AOC) with the Respondent relating to the Gowanus Canal Superfund Site, located in Brooklyn, New York. As a result of years of discharges, storm water runoff, sewer outflows and industrial pollutants, the Canal is extensively contaminated with PCBs, coal tar wastes, heavy metals, and volatile organics. The AOC provides for the installation and sampling of groundwater monitoring wells at Respondent's former properties along the Gowanus Canal in support of the EPA's ongoing remedial investigation/feasibility study (RI/FS). The AOC also provides for the performance of additional work that may be identified by the parties to support EPA's RI/FS, and for reimbursement of EPA's oversight costs. The Amendment, entered on January 24, 2014, provides for $1 million in past cost recovery, preparation of Remedial Design work plans, and reimbursement of EPA?s oversight costs. The Second Amendment, entered on September 26, 2019, provides for expediting the Respondent's construction of the sealed bulkhead barrier wall at the former Citizens Manufactured Gas Plant (MGP) Site under NYSDEC's MGP program. The barrier wall, which is being built within the Canal at the property edge pursuant to a Brownfields order with DEC, will prevent coal tar from entering the Canal and support EPA's future dredging. The amendment invokes the CERCLA permit exemption, providing the same standardized permit approach that EPA uses for all Canal bulkhead work. The amendment also includes this bulkhead in EPA's wetlands mitigation area for bulkheads at the Canal, requires the work to be completed in a timeframe that will not delay RTA 2 dredging, and provides for payment of $750,000 of EPA's past costs. Third Amendment entered on December 23, 2019 amends a 2010 investigation order with the Respondent to provide for payment of $10 million in 5 installments in partial reimbursement of EPA's outstanding past costs, which total approximately $21 million through November 2019. Fourth Amendment entered on June 23, 2020, provides for an upgrade of the utility?s natural gas control station bulkhead, work needed to support a later Canal dredging phase. Fifth Amendment on August 6, 2026, EPA will recover $1,000,000 in past costs.

Defendants (1)

• Brooklyn Union Gas Co. d/b/a National Grid NYNamed in settlement

Facilities (1)

• GOWANUS CANAL

  BUTLER ST (BETWEEN BOND ST AND NEVINS ST, BROOKLYN, NY, 11231

  Registry ID: 110033604197

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122A — Agreement to Perform Work Under 104B

Enforcement conclusions (6)

• Brooklyn Union Gas Co. d/b/a National Grid NYentered 2010-04-29

  Primary law: CERCLA

• Brooklyn Union Gas Co. d/b/a National Grid NYentered 2019-09-26

  Primary law: CERCLA

• Brooklyn Union Gas Co. d/b/a National Grid NYentered 2020-06-23

  Primary law: CERCLA

• Brooklyn Union Gas Co. d/b/a National Grid NYentered 2014-01-24

  Primary law: CERCLA

• Brooklyn Union Gas Co. d/b/a National Grid NYentered 2019-12-23

  Primary law: CERCLA

• Brooklyn Union Gas Co. d/b/a National Grid NYentered 2026-08-06

  Primary law: CERCLA

Timeline (2 milestones)

• 2010-04-29Enforcement Action Data Entered
• 2026-08-06Final Order Issued