EPA v. Alcoa Inc.

Case summary

On April 12, 2013, Region 2 signed an Administrative Settlement Agreement under CERCLA § 122(h) in which the Respondent agreed to pay into the Alcoa Study Area Special Account. The payment will reimburse 100% of EPA’s site-related past response costs from January 1, 2006 through August 31, 2011, which EPA sought from the Respondent in a September 28, 2012, demand letter. The Agreement includes a covenant not to sue the Respondent pursuant to CERCLA Section 107(a) for EPA’s past response costs that were paid during that period. The site, which is not on the National Priorities List, includes approximately seven miles of the Grasse River that is contaminated with PCBs discharged by the Respondent. On April 4, 2013, Region 2 signed a Record of Decision in which it selected a remedial action for the site with an estimated present-worth cost of $243 million. The Respondent performed the investigation of the Grasse River contamination, and is required to design and implement EPA’s selected remedy, pursuant to a September 1989 unilateral administrative order issued under CERCLA § 106(a).

Defendants (1)

• Alcoa Inc.Named in settlement

Facilities (1)

• ALCOA MASSENA OPERATIONS - WEST PLANT

  45 CO RTE 42, MASSENA, NY, 13662

  Registry ID: 110071100163

Statutes cited

• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• Alcoa Inc.entered 2013-04-12

  Primary law: CERCLA

Timeline (3 milestones)

• 2013-04-12Enforcement Action Closed
• 2013-04-12Final Order Issued
• 2013-04-18Enforcement Action Data Entered