EPA v. OLIN OU2 SUPERFUND SITE (RD/RA AND COST RECOVERY)

Case summary

12/5/2025 - 1/29/2021 - AMENDMENT TO REMEDIAL DESIGN/REMEDIAL ACTION CONSENT DECREE FOR OPERABLE UNIT TWO OF THE OLIN CORP. (MCINTOSH PLANT) SUPERFUND SITE The Consent Decree modification implements additional and expanded cleanup at the Olin Corp. (McIntosh Plant) Superfund Site in McIntosh, Alabama. The modification requires the settling defendants (Olin and BASF) to implement the remedy selected in the 2024 Amended Record of Decision (AROD). This remedy encompasses areas at the Site that were found to contain contamination exceeding cleanup levels that were not identified in the 2014 ROD. Under the Consent Decree modification, the settling defendants will conduct and implement and additional $38.7 million of work, including in-situ stabilization, institutional and engineering controls, habitat replacement/enhancement and the installation of an engineered cap to remediate mercury, hexachlorobenzene and DDT contamination. The total value of all the cleanup work at OU2 totals $72 million. The proposed Consent Decree modification was lodged on August 29, 2025, and the public comment period was open from September 10 to October 10, 2025. No public comments were received by the DOJ regarding the proposed Consent Decree. 1/29/2021 - CONSENT DECREE ENTERED FOR REMEDIAL DESIGN/REMEDIAL ACTION CONSENT DECREE FOR OPERABLE UNIT TWO OF THE OLIN CORP. (MCINTOSH PLANT) SUPERFUND SITE: On January 29, 2021, the U.S. District Court for the Southern District of Alabama (Southern Division) granted U.S. DOJ?s Motion to Enter the EPA Region 4?s Olin OU2 Remedial Design/Remedial Action (RD/RA) Consent Decree (CD) The 30-day public comment period ended January 22, 2021 and no comments were received on the CD. The CD was negotiated and signed by two PRPs, Olin Corporation and BASF Corporation and obligates the PRPs to pay $490,479.03 in past costs, to perform the OU2 RD/RA (valued at approximately $12,900,000 - $22,000,000 million), and to pay EPA?s future oversight costs at OU2.

Defendants (2)

• BASF CORPORATIONNamed in complaintNamed in settlement
• OLIN CORPORATIONNamed in complaintNamed in settlement

Facilities (4)

• OLIN CORP. MCINTOSH, ALABAMA PLANT

  1638 INDUSTRIAL RD., MCINTOSH, AL, 365530028

  Registry ID: 110037311263

• OLIN CORP. MCINTOSH, ALABAMA PLANT

  1638 INDUSTRIAL RD., MCINTOSH, AL, 365530028

  Registry ID: 110037311263

• OLIN CORP. MCINTOSH, ALABAMA PLANT

  1638 INDUSTRIAL RD., MCINTOSH, AL, 365530028

  Registry ID: 110037311263

• OLIN CORP. MCINTOSH, ALABAMA PLANT

  1638 INDUSTRIAL RD., MCINTOSH, AL, 365530028

  Registry ID: 110037311263

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (2)

• OLIN OU2 SUPERFUND SITE (RD/RA AND COST RECOVERY)entered 2021-01-29

  Primary law: CERCLA

• OLIN OU2 SUPERFUND SITE (RD/RA AND COST RECOVERY)entered 2025-12-03

  Primary law: CERCLA

Timeline (6 milestones)

• 2014-08-15PRN Sent
• 2020-09-18Enforcement Action Data Entered
• 2020-09-29Referred To Dept Of Justice
• 2020-12-17Complaint Filed With Court
• 2025-08-29Final Order Lodged
• 2025-12-03Final Order Entered