EPA v. B.F. GOODRICH SUPERFUND SITE

Case summary

12/9/2009 - ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR REMEDIAL INVESTIGATION/FEASIBILITY STUDY. RESPONDENTS: GOODRICH CORPORATION, POLYONE CORPORATION, AND WESTLAKE VINYLS, INC. On December 9, 2009, EPA executed an Administrative Settlement Agreement with B.F. Goodrich Corporation, Westlake Vinyl’s, Inc. and PolyOne Corporation to conduct and finance a Remedial Investigation/Feasibility Study (“RI/FS”) for the B.F. Goodrich Superfund Site (“Site”). This RI/FS is an expansion of the current (August 2008) “focused” RI/FS Settlement Agreement. The expansion is as a result of the Commonwealth of Kentucky’s recent request for EPA to address the entire Site. The B.F. Goodrich Superfund Site is located in Calvert City, Kentucky on the southern bank of the Tennessee River. In August 2008, EPA entered into an Administrative Settlement with B.F. Goodrich and PolyOne Corporation to conduct and finance a “focused” RI/FS. On May 22, 2009, the United States Environmental Protection Agency (“EPA”) received a letter from the Kentucky Energy and Environment Cabinet requesting EPA’s assistance in addressing the contamination at the Site. The Commonwealth addressed contamination through its corrective action and closure authorities pursuant to the Resource Conservation and Recovery Act (“RCRA”); this approach was met with challenging technical, legal, and plant operations issues. By letter dated, May 29, 2009, EPA concurred with the Commonwealth’s request to respond to hazardous substances at the Site by incorporating work previously addressed pursuant to the Commonwealth’s environmental programs through the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA” ) 42 U.S.C. §§ 9601 et seq. The Site was listed on the National Priorities List (“NPL”) in 1989. A Record of Decision (“ROD”) was issued for the Site in 1988. The Second Five-Year Review was conducted in 2006, and concluded that significant quantities of non-aqueous phase liquids (“NAPL”) were likely introduced into the subsurface from the disposal of VOCs in the Site burn pit, landfill, and Solid Waste Management Unit 3 (“SWMU 3 ). The RI/FS is currently underway and will determine the nature and extent of contamination and any threat to the public health, welfare or the environment caused by the release or threatened release of hazardous substances, pollutants or contaminants at or from the entire Site. In addition, the RI/FS will evaluate remedial alternatives to prevent, mitigate or otherwise respond to or remedy any releases or threatened releases for the entire Site.

Defendants (3)

• GOODRICH CORPORATIONNamed in settlement
• WESTLAKE VINYLS, INC.Named in settlement
• POLYONE CORPORATIONNamed in settlement

Facilities (3)

• POLYONE CORPORATION/GOODRICH CORPORATION

  2206 INDUSTRIAL PKWY, CALVERT CITY, KY, 42029

  Registry ID: 110027375837

• POLYONE CORPORATION/GOODRICH CORPORATION

  2206 INDUSTRIAL PKWY, CALVERT CITY, KY, 42029

  Registry ID: 110027375837

• POLYONE CORPORATION/GOODRICH CORPORATION

  2206 INDUSTRIAL PKWY, CALVERT CITY, KY, 42029

  Registry ID: 110027375837

Statutes cited

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

Enforcement conclusions (1)

• B.F. GOODRICH SUPERFUND SITEentered 2009-12-09

  Primary law: CERCLA

Timeline (2 milestones)

• 2009-12-09Final Order Issued
• 2010-01-07Enforcement Action Data Entered