EPA v. NP FALLS INDUSTRIAL, LLC (US STEEL MON VALLEY WORKS FAIRLESS)

Case summary

On December 18, 2020, the Regional Administrator entered into two Prospective Purchaser Agreements ( PPAs ) pursuant to RCRA and CERCLA with NP Falls Township Industrial, LLC, and NP Falls Township Industrial 2, LLC ( Respondents ). These PPAs provide an enforcement framework which will expedite and facilitate the remaining corrective action activities required at the U.S. Steel Corp. MVW Fairless Works Facility located in Fairless Hills, Pennsylvania ( Facility ). While the former operator of the Facility, U.S. Steel Corp., has removed slag waste from the Facility, historic manufacturing operations have resulted in residual soil contamination at the Facility that still needs to be addressed. Respondents will submit work plans for approval and address the contamination at the Facility in a phased approach with the goal of completing the corrective action for the entire Facility. This cleanup will allow the long-awaited redevelopment of this Facility, which to date has been redeveloped slowly and in a piecemeal fashion. EPA Region III consulted with PADEP and EPA HQ prior to offering the Respondent these PPAs. On April 28, 2021, EPA notified Respondents that the PPAs were fully executed and effective following two, 30-day public comment periods, one on EPA's website and in the Bucks County Courier Times and one in the Federal Register. EPA did not receive any comments on the PPAs.

Defendants (1)

• NP FALLS INDUSTRIAL, LLCNamed in settlement

Facilities (3)

• US STEEL FAIRLESS HILLS WORKS

  400 MIDDLE DR, FAIRLESS HILLS, PA, 19030

  Registry ID: 110038161921

• US STEEL MON VALLEY WORKS FAIRLESS

  SOUTH PENNSYLVANIA AVE, FAIRLESS HILLS, PA, 19030

  Registry ID: 110061011532

• US STEEL FAIRLESS HILLS WORKS

  400 MIDDLE DR, FAIRLESS HILLS, PA, 19030

  Registry ID: 110038161921

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• RCRA 3008H — Interim Status Corrective Action Order

Enforcement conclusions (1)

• NP FALLS INDUSTRIAL, LLC (US STEEL MON VALLEY WORKS FAIRLESS)entered 2020-12-18

  Primary law: RCRA

Timeline (2 milestones)

• 2020-12-18Final Order Issued
• 2021-06-10Enforcement Action Data Entered