EPA v. PHARMACIA LLC (FLEXSYS/SOLUTIA FACILITY; KANAWAH RIVER)

Case summary

May 10, 2017, Division Director, Karen Melvin signed an administrative settlement and order on consent with Pharmacia LLC for a non-time-critical removal action at a portion of the Kanawha River Superfund Site in Putnam and Kanawha Counties, West Virginia. The selection of the removal action was done in consultation with the West Virginia Department of Environmental Protection and the U.S. Army Corps of Engineers and was preceded by a years ?long engineering evaluation/cost analysis (EE/CA) performed by Monsanto Company and Pharmacia under a 2004 Consent Order. The removal action will mitigate the release of the hazardous substance 2,3,7,8-tetrachlorodibenzo-p-dioxin (2,3,7,8-TCDD or TCDD), which was a by-product of a chemical-manufacturing process used by Pharmacia at a facility it once operated in Nitro, Putnam County, West Virginia. The most significant human health risks at the Site are associated with fish consumption from the Kanawha River. The State of West Virginia previously issued a fish advisory for the River because of the presence of elevated levels of TCDD found in fish caught in the River. The selected removal action will include: (1) capping of more than nine acres of contaminated sediments within a 14-mile stretch of the Kanawha River to reduce both the mobility of these sediments and the concentrations of TCDD in bioavailable sediments, leading to short- and long-term recovery in prey fish (e.g. gizzard shad), sport fish, and bottom feeders; (2) long-term monitoring of TCDD levels in fish caught along this stretch of the River (i.e., monitored natural recovery); and (3) implementation of institutional controls to prevent interference with any caps installed at the Site during the removal action.

Defendants (1)

• PHARMACIA LLCNamed in settlement

Facilities (1)

• FLEXSYS/SOLUTIA FACILITY; KANAWAH RIVER

  1 MONSANTO ROAD, NITRO, WV, 25143

  Registry ID: 110000344208

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• PHARMACIA LLC (FLEXSYS/SOLUTIA FACILITY; KANAWAH RIVER)entered 2017-05-10

  Primary law: CERCLA

Timeline (2 milestones)

• 2017-05-10Final Order Issued
• 2017-05-11Enforcement Action Data Entered