News Release from EPA - NJ Impaired Waters

EPA Approves New Jersey’s List of Polluted Water Bodies

Sewage Pollution Continues to be a Major Problem in New Jersey

Contact: John Martin (212) 637- 3662 martin.johnj@epa.gov

(New York, N.Y. – February 28, 2012) The U.S. Environmental Protection Agency has approved the 2010 list of waters in New Jersey that are considered either impaired or threatened by pollutants. An impaired water body is one that does not meet federal water quality standards even after pollution controls have been put in place. A threatened water body is one that is expected to be impaired within two years. The list helps establish priorities for addressing threats from water pollution.

“Identifying and prioritizing the state’s most seriously polluted waters are important steps in our work to reduce water pollution,” said Judith Enck, EPA Regional Administrator. "New Jersey faces serious water quality challenges including the need to reduce pollution from combined sewer systems that allow raw sewage to flow into waterways when it rains. By upgrading old infrastructure and implementing green infrastructure strategies, New Jersey communities can improve water quality.”

The Clean Water Act requires states to assess the quality of their waters and to report their findings to the EPA every two years. The list is compiled by the New Jersey Department of Environmental Protection and is a valuable tool for reaching the Clean Water Act goal of “fishable and swimmable” waters for all of New Jersey.

The list specifically includes impaired waters for which the development of budgets for the amount of water pollution allowed is necessary. The budgets define the maximum amount of a pollutant that a water body can receive and still meet water quality standards. They are developed by states and approved by the EPA once the agency determines that the budget will allow the water body to achieve water quality standards.

The most common pollutants causing impairment in New Jersey water bodies include PCBs (8.33%), dissolved oxygen (8.19%), phosphorus (7.86%), pH (7.62%), and arsenic (6.89%). New Jersey’s 2010 list identifies 2,112 instances in which a pollutant is causing an impairment of a water body that keeps it from supporting its “designated use” for drinking water, swimming and recreation, fishing or other activities specified by the state.

The list also notes the most common sources of water pollutants, which include urban/stormwater runoff, combined sewer overflows from systems that capture both domestic sewage and stormwater, and air pollution, including acid rain. A pollutant may come from more than one source.

In 2010, new pollutants were included for waters in the basins of the Hudson River, the Passaic River, the Raritan River, the Delaware Bay, and others. The EPA will continue to work with state and local governments to ensure that impaired waters are cleaned up.

A complete list of impaired waters in New Jersey is available at: http://www.epa.gov/region02/water/waterbodies

Follow the EPA Region 2 on Twitter at http://www.twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2

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MOEX Offshore Agrees to $90 Million Partial Settlement

News release from EPA:

FOR IMMEDIATE RELEASE
February 17, 2012
MOEX Offshore Agrees to $90 Million Partial Settlement of Liability in Deepwater Horizon Oil Spill
$70 million penalty is largest under the Clean Water Act; MOEX also to perform Gulf conservation projects worth at least $20 million
 

WASHINGTON – MOEX Offshore 2007 LLC has agreed to settle its liability in the Deepwater Horizon oil spill in a settlement with the United States valued at $90 million, announced the Department of Justice, the U.S. Coast Guard and the U.S. Environmental Protection Agency (EPA) today.  Approximately $45 million of the $90 million settlement is going directly to the Gulf in the form of penalties or expedited environmental projects.

According to the terms of the settlement, MOEX will pay $70 million in civil penalties to resolve alleged violations of the Clean Water Act resulting from the spill and agreed to spend $20 million to facilitate land acquisition projects in several Gulf states that will preserve and protect in perpetuity habitat and resources important to water quality and other environmental features of the Gulf of Mexico region.  At the time of the spill, MOEX was a minority investor in the lease for the Macondo well. It no longer owns any share of the lease.

The terms of today’s settlement do not affect the potential liability of – or recoveries from – other parties involved in the Deepwater Horizon oil spill.

Beginning with a well blowout and explosion on April 20, 2010, the owners and operators of the Macondo Well and  the drilling rig Deepwater Horizon allowed millions of barrels of oil to escape into the Gulf of Mexico, affecting the entire region.  Oil spills can cause both immediate and long-term harm to people’s health and the environment.  The Clean Water Act provides for civil penalties for such discharges.  This is the largest civil penalty ever recovered under the Clean Water Act.

“The Department of Justice has not wavered in its commitment to hold all responsible parties fully accountable for what stands as the largest oil spill in U.S. history,” said Attorney General Eric Holder.  “This landmark settlement is an important step – but only a first step – toward achieving accountability and protecting the future of the Gulf ecosystem by funding critical habitat preservation projects.”

“This will move the Gulf Coast along in its recovery as it continues to rebound from the largest spill in U.S. history,” said Coast Guard Commandant Adm. Bob Papp.  “The settlement demonstrates our firm commitment to  hold accountable those who pollute our environment.”

“This is good news for the Gulf Coast communities that are continuing to rebuild their economy and restore their ecosystem. This administration is going to stand with the people here to ensure a full recovery from the Deepwater Horizon oil spill,” said EPA Administrator Lisa P. Jackson. “Dedicating funds to actions that restore the local waters is a vital part of restoring these communities.  As someone who grew up on the Gulf Coast, I know how important clean water is to the lives and livelihoods of the people here, and I know we need to take every possible action to get the ecosystem here on a path to long-term restoration.”

As part of the settlement, MOEX Offshore has agreed to pay $70 million in civil penalties, of which, $45 million will go to the United States.  The money will go toward replenishing the Oil Spill Liability Trust Fund, where by law it will be available to pay for response actions, cleanup and damages caused by future spills.  The remaining penalty will go to Gulf states that participate in the settlement.  Those states will receive penalty payments as follows: $6.75 million to Louisiana, $5 million each to Alabama, Florida and Mississippi, and $3.25 million to Texas.

MOEX Offshore has also agreed to secure and protect properties of ecological significance for the Gulf habitats.  MOEX Offshore will ensure that properties within the states of Louisiana, Texas, Mississippi and Florida are transferred to – or acquired by – state governments, non-profit groups, land trusts or other appropriate entities, to protect those properties from development.  In all, these projects are expected to cost at least $20 million. The negotiation process with MOEX included numerous discussions with the Gulf states, who have been indispensible in reaching this important agreement.

This settlement does not affect the government’s claims against any other defendant in the Deepwater Horizon lawsuit that was filed on Dec. 15, 2010.  The trial of the first phase of the case is set to begin in federal district court in New Orleans on Feb. 27, 2012.

MOEX Offshore is a wholly-owned subsidiary of the MOEX USA Corporation.  Mitsui Oil Exploration Co. Ltd. is the corporate parent of MOEX USA, which in turn is owned by Mitsui & Co. Ltd. of Japan.

The proposed settlement, lodged in the U.S. District Court for the Eastern District of Louisiana, is subject to a 30-day comment period and final court approval.

More information on the settlement: http://www.epa.gov/compliance/resources/cases/civil/caa/moex.html

EPA Seeks Comments

News release from EPA Region 2:

EPA Seeks Public Input on Plan for Cleanup at

American Cyanamid Superfund Site in Bridgewater Township, N.J.

Contact: Elias Rodriguez, 212-637-3664, rodriguez.elias@epa.gov

(New York, N.Y. - Feb. 16, 2012) The U.S. Environmental Protection Agency has proposed a cleanup plan for contaminated soil, ground water and six waste disposal areas at the American Cyanamid Superfund Site in Bridgewater Township, New Jersey, located on the Raritan River. The soil, ground water and waste disposal areas, called impoundments, are contaminated with volatile organic compounds and other hazardous materials. The ground water underlying the site is highly contaminated with benzene. Area residents are serviced by a public water supply that provides a safe source of drinking water.

The EPA is encouraging the public to comment on the plan through March 31, 2012 and will hold a public meeting on March 8, 2012 at 7:00 PM at the Somerset County Vocational and Technical High School, 14 Vogt Drive, Bridgewater, New Jersey.

"The cleanup plan for the American Cyanamid site is an important milestone in the EPA efforts to protect the health of people who live or work near the facility and water quality in the Raritan River," said EPA Regional Administrator Judith A. Enck. “EPA encourages the public to comment on the proposed plan and to learn more about it at the March 8 public meeting.”

Many volatile organic compounds are known to cause cancer in animals and benzene can cause cancer in people. Some volatile organic compounds have no known health effects. The extent and nature of potential health effects depend on many factors, including the level and length of exposure.

The American Cyanamid Superfund site has a history of industrial pollution dating back to 1915. For nearly 100 years, prior owners used the location for manufacturing chemicals. The site was placed on the federal Superfund list in 1983 after hazardous chemicals were found in the soil and ground water. The 435-acre Superfund site contained various areas used for the disposal of chemical sludge and other waste. In 1998, the EPA deleted 140 acres of the site from the Superfund list after they were evaluated and determined to be acceptable for redevelopment. The TD Bank Ballpark Stadium was subsequently built on a portion of the area. In 2009, Pfizer Inc. assumed responsibility for the American Cyanamid site as part of its purchase of the Wyeth Holding Corporation, a prior owner.

Because of the nature and complexity of the contamination at the site, the EPA divided the investigation and cleanup into phases. The plan announced today is the first phase of the cleanup. The proposed plan announced today details approaches to address contaminated soil, ground water and six waste disposal areas (Impoundments 3, 4, 5, 13, 17 and 24). Two additional impoundments (Impoundments 1 and 2) are the focus of a separate study to consider the feasibility of options to address them.

The highly toxic material in Impoundments 3, 4, and 5 will be treated at their current locations by introducing a mixing agent into the waste to make it more solid. This treatment method is a proven technology that immobilizes contaminants to prevent their migration. After this step, the waste disposal areas will be covered with a barrier system that traps vapors and prevents contaminated air from escaping into the atmosphere.

The soil at the site will be addressed using three different methods depending on the extent of the pollution in the soil. Soil that consists of tarry material or is highly toxic, similar to the waste within Impoundment 3, 4, and 5, will be excavated and combined with the material in the three impoundments. It will be treated with the existing waste in Impoundments 3, 4 and 5. Soil that contains volatile and semi-volatile organic compounds will be covered with a vapor control barrier and mitigation system to prevent the release of vapors into the air. Soil that has a lower level of pollution will be covered by a 24-inch thick engineered cap that will serve as a barrier that prevents direct contact. Additionally, the EPA will conduct an ecological study of the waste in Impoundments 13, 17 and 24, which are located in the flood plain of the site, to determine the appropriate treatment for these materials.

A currently operating ground water collection system, which has already treated millions of gallons of contaminated ground water at the site, will be improved by relocating the primary extraction wells to a more central location. Several new extraction wells will be added to enhance the efficiency of the ground water collection system. In addition, a recovery system for collecting and treating shallow contaminated ground water from portions of the site will be constructed at several locations. This system will prevent contaminated ground water from seeping into the Raritan River, Cuckhold’s Brook and Middle Brook. The details of these improvements will be developed during the remedial design phase of the cleanup project.

The proposed plan also calls for the placement of controls such as legal restrictions on land use to minimize the potential of future exposure and to ensure that the cleanup measures are not disturbed. Throughout the cleanup, monitoring will be conducted to ensure the effectiveness of the remedy. The EPA will conduct periodic reviews to ensure that the cleanup remains protective of public health and the environment.

The EPA is accepting public comments on the proposed plan until March 31, 2012. Written comments may be mailed or emailed to:

Joseph Battipaglia, Remedial Project Manager

U.S. Environmental Protection Agency

290 Broadway, 19th Floor

New York, New York 10007-1866

Email: Battipaglia.joseph@epa.gov

The EPA has a website to inform the community about the site at: http://www.epa.gov/region02/superfund/npl/american_cyanamid.

Follow EPA Region 2 on Twitter at http://www.twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2.

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