EPA v. Phelps Dodge Refining Corporation et al.

Case summary

The Administrative Settlement Agreement and Order on Consent Order (AOC) requires five Respondents to undertake, pursuant to CERCLA, a focused feasibility study (FFS) at the Newtown Creek Superfund site, and concerns hazardous substances in the lower two miles of Newtown Creek, a waterbody located in Brooklyn and Queens in the City of New York, which is listed on the National Priorities List. A separate RI/FS for the Site is being conducted by the same five Respondents plus one additional PRP, under a separate AOC issued by EPA in 2011 to address site conditions more broadly. The FFS to be performed under the AOC will evaluate, as operable unit 3 of the Site, the nature and extent of hazardous substances in the lower two miles of the Creek, and will develop and evaluate alternatives to address impacts of such hazardous substances. In the FFS process, the Respondents will also evaluate hypotheses concerning the conceptual site model being developed for the Site. Following completion of the FFS, EPA anticipates that, if appropriate, it will select a remedy for an interim early action at the Site. It is anticipated that whether or not a remedy is selected and implemented, a final remedy decision for the lower two miles will be memorialized in the future site-wide remedy.

Defendants (5)

• The Brooklyn Union Gas Company d/b/a National GridNamed in settlement
• BP Products North America Inc.Named in settlement
• Texaco, Inc.Named in settlement
• Phelps Dodge Refining CorporationNamed in settlement
• ExxonMobil Oil CorporationNamed in settlement

Facilities (1)

• NEWTOWN CREEK

  SOUTH END OF IVY HILL ROAD, BROOKLYN, QUEENS, NY, 11222

  Registry ID: 110037285979

Statutes cited

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

Enforcement conclusions (1)

• Phelps Dodge Refining Corporation et al.entered 2019-07-24

  Primary law: CERCLA

Timeline (3 milestones)

• 2019-07-24Enforcement Action Closed
• 2019-07-24Final Order Issued
• 2019-09-10Enforcement Action Data Entered