EPA v. FOSTER WHEELER ENERGY CORP./CHURCH ROAD TCE SITE

Case summary

May 22, 2019, the Acting Director of the Superfund and Emergency Management Division signed an Administrative Settlement Agreement and Order on Consent for Remedial Design ( Settlement ) in connection with the Foster Wheeler Energy Corporation ( FWEC )/Church Road TCE Superfund Alternative Site, located in Mountain Top, Luzerne County, Pennsylvania ( Site ). The Site consists of the former FWEC facility located in the Crestwood Industrial Complex which was the subject of a 1988 removal action, the Church Road TCE Site, which was the subject of a 2005 removal action, and all other areas in which hazardous substances from the former FWEC facility have come to be located. EPA, the Pennsylvania Department of Environmental Protection ( PADEP ), and FWEC are finalizing the terms of a consent decree ( CD for performance of the interim remedial design/remedial action ( Interim RD/RA ) for the Site. However, because PADEP is )a party to the CD, with claims under its Hazardous Sites Cleanup Act, a public comment period for the CD will run for 60 days instead of the usual 30 days. Therefore, FWEC has agreed to enter this Settlement so it can commence the RD, while the parties complete negotiations and wait for the court to enter the CD. This Settlement was entered under the authority of Sections 104, 107 and 122 of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended.

Defendants (1)

• FOSTER WHEELER ENERGY CORP./CHURCH ROAD TCE SITENamed in settlement

Facilities (2)

• FOSTER WHEELER ENERGY CORP./CHURCH ROAD TCE SITE

  348 CRESTWOOD ROAD, MOUNTAIN TOP, PA, 18707

  Registry ID: 110064200001

• FOSTER WHEELER ENERGY CORPORATION/CHURCH ROAD TCE SITE

  CRESTWOOD IND PARK, MOUNTAIN TOP, PA, 18707

  Registry ID: 110007756375

Statutes cited

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

Enforcement conclusions (1)

• FOSTER WHEELER ENERGY CORP./CHURCH ROAD TCE SITEentered 2019-05-22

  Primary law: CERCLA

Timeline (3 milestones)

• 2019-05-22Final Order Issued
• 2019-05-24Enforcement Action Data Entered
• 2019-12-19Enforcement Action Closed