EPA v. OCCIDENTAL CHEMICAL CORP

Case summary

On May 16, 2022, Division Director Paul Leonard signed Amendment No. 3 to a 1994 Unilateral Administrative Order for Remedial Design and Remedial Action at the Occidental Chemical Corp. Superfund Site in Lower Pottsgrove, Montgomery County, PA. The Amendment will reduce the amount of financial assurance ( FA ) required under the Order from $14.3 million to $9,941,245.00, which is the estimated cost of the remaining operation and maintenance ( O&M ) of a groundwater treatment system. Construction completion of the remedial action at the Site was achieved in 2008. Respondents to the Order, which was issued under Section 106(a) of CERCLA, are Bridgestone/Firestone Inc. (currently known as Bridgestone Americas Tire Operation, LLC), the former owner and operator of the Site and Occidental Chemical Corporation ( OxyChem ), the current Site owner, who manufactured polyvinyl chloride (?PVC?) plastic resins at the Site from around 1980 to 2005. Under the Order, and pursuant to a judicial settlement between the two Respondents, OxyChem performed the remedy selected in a 1993 Record of Decision ( ROD ), as modified by three Explanations of Significant Differences ( ESDs ), to address releases of the chlorinated solvent, trichloroethylene ( TCE ), and other hazardous substances in Site groundwater, a drainage swale discharging from the Site to the Schuylkill River, and four on-site earthen lagoons containing polyvinyl chloride ( PVC ) sludge waste from OxyChem?s past operations. Based on a March 16, 2022 EJSCREEN assessment, the Site is not located in an area of potential EJ concern.

Defendants (2)

• BRIDGESTONE/FIRESTONE INCNamed in settlement
• OCCIDENTAL CHEMICAL CONamed in settlement

Facilities (1)

• OCCIDENTAL CHEMICAL CORPORATION

  375 ARMAND HAMMER BOULEVARD, POTTSTOWN, PA, 19464-0699

  Registry ID: 110000337895

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• OCCIDENTAL CHEMICAL CORPentered 2008-04-24

  Primary law: CERCLA

• OCCIDENTAL CHEMICAL CORPentered 2022-05-16

  Primary law: CERCLA

Timeline (3 milestones)

• 1994-06-23Complaint Filed/Proposed Order
• 1994-07-28Enforcement Action Data Entered
• 2022-05-16Final Order Issued