EPA v. PENNSYLVANIA, COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION (METAL BANK OF AMERICA, INC.)

Case summary

ON APRIL 20, 2015, DIVISION DIRECTOR CECIL RODRIGUES SIGNED AN ADMINISTRATIVE SETTLEMENT AGREEMENT WITH THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION ( PENNDOT ) FOR PERFORMANCE OF A REMOVAL ACTION AT THE METAL BANK OF AMERICA, INC. (STATE ROAD) SITE, LOCATED AT 6801 STATE ROAD IN PHILADELPHIA, PA. IN A 2011 ACTION MEMO, EPA SELECTED A REMOVAL ACTION FOR THE SITE TO MITIGATE THE THREAT OF RELEASE OF POLYCHLORINATED BIPHENYLS ( PCBs ), WHICH WERE DISPOSED OF THERE DURING PAST TRANSORMER-RECLAMATION OPERATIONS BY METAL BANK OF AMERICA, INC. THE MAIN CLEANUP COMPONENT OF THIS REMOVAL ACTION IS THE INSTALLATION OF A LINER IN A BRICK SEWER DRAINAGE SYSTEM RUNNING THROUGH AN AREA OF THE SITE CONTAMINATED WITH PCBs. THIS LINER IS INTENDED TO MINIMIZE INFILTRATION OF PCBs INTO THE SEWER SYSTEM. UNDER THE SETTLEMENT AGREEMENT, WHICH ACCORDS WITH SECTION 122 OF CERCLA, PENNDOT, WHO HAS NOT BEEN IDENTIFIED AS A PRP AT THE SITE, WILL INSTALL THE LINER UNDER EPA'S OVERSIGHT. PENNDOT'S WORK AT THE SITE WILL ACTUALLY BE PART OF ITS LARGER I-95, SECTION CP2 PROJECT IN NORTHEAST PHILADELPHIA. IN SHORT, INDEPENDENTLY OF EPA;S DECISION TO PERFORM A REMOVAL ACTION IMPLICATING THE ON-SITE DRAINAGE SYSTEM, PENNDOT PLANNED TO IMPROVE THE DRAINAGE SYSTEM AS PART OF THE CP2 PROJECT. EPA'S OVERSIGHT OF PENNDOT'S ON-SITE CONSTRUCTION ACTIVITIES WILL MINIMIZE ANY POTENTIAL RELEASE OF PCBs DURING THESE ACTIVITIES. THE SETTLEMENT AGREEMENT ALSO PROVIDES FOR DISBURSEMENT OF FUNDS TO PENNDOT FROM A SPECIAL ACCOUNT FOR PERFORMANCE OF THE REMOVAL WORK DESCRIBED ABOVE. THE SPECIAL ACCOUNT WAS ESTABLISHED IN ACCORDANCE WITH SECTION 122(b) OF CERCLA UNDER THE TERMS OF A 2003 BANKRUPTCY SETTLEMENT WITH THE OWNER OF THE SITE.

Defendants (1)

• PENNSYLVANIA, COMMONWEATH OF DEPARTMENT OF TRANSPONamed in settlement

Facilities (1)

• METAL BANK OF AMERICA INCORPORATED

  6801 STATE ROAD, PHILADELPHIA, PA, 19135

  Registry ID: 110006858436

Statutes cited

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

Enforcement conclusions (1)

• PENNSYLVANIA, COMMONWEALTH OF DEPARTMENT OF TRANSPORTATION (METAL BANK OF AMERICA, INC.)entered 2015-04-20

  Primary law: CERCLA

Timeline (2 milestones)

• 2015-04-20Final Order Issued
• 2015-04-29Enforcement Action Data Entered