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EPA plans public meeting on interim cleanup for Diamond Alkali site

EPA to hold public meeting on April 27, 2021

The Diamond Alkali factory complex during its heyday in Newark, N.J.

The U.S. Environmental Protection Agency (EPA) today proposed a plan to address contaminated sediment in the upper nine miles of the Lower Passaic River Study Area of the Diamond Alkali Superfund site in Essex, Bergen, and Passaic Counties, New Jersey. The Lower Passaic River and the Diamond Alkali site include overburdened communities that are often disproportionately impacted by environmental health risks. The EPA said it was committed to advancing environmental justice in such communities across the nation.

The sediment in the Lower Passaic River is severely contaminated with dioxins/furans, polychlorinated biphenyls (PCBs), heavy metals, heavy metals, pesticides, and other contaminants from more than a century of industrial activity. The proposed cleanup plan – supported by the New Jersey Department of Environmental Protection – calls for using a combination of cleanup technologies including dredging approximately 387,000 cubic yards of contaminated sediment. The proposed remedy would be an interim action – a final remedy would be selected after this action has been implemented, as described in more detail below. This proposed interim action complements the cleanup selected in 2016 for the lower eight miles of the Lower Passaic River. That cleanup includes bank-to-bank dredging and capping in that stretch of the river.

Related environmental news and information:
Final Natural Resource Damage Plan for Diamond Alkali Site
We’ve been forgotten in Newark
EPA to give two North Jersey Superfund sites attention
NJ chemical lobby calls Argentina cleanup dodge ‘fraud’
Occidental chips in $165M toward Passaic River cleanup

“EPA looks forward to advancing work at the site and continuing our engagement with the community as we explain how studies support an adaptive, multiphase approach to addressing contamination in this case,” said Acting Regional Administrator Walter Mugdan. “This proposed interim action will address highly contaminated sediment located just upriver of the lower eight miles that is an ongoing source of contamination in the target area and acts as a reservoir for potential contaminant migration.”

“The Murphy Administration supports the proposed EPA plan for the cleanup of the upper nine miles of the Passaic River, which will remediate contamination that has persisted for too long and enable the recovery of this important natural resource,” said New Jersey Department of Environmental Protection Acting Commissioner Shawn M. LaTourette. “This cleanup will improve water quality and benefit communities throughout the Passaic River Basin and will help New Jersey to further the promise of environmental justice by remedying a Superfund site that affects overburdened communities along the Passaic River. We thank our EPA colleagues for their leadership and for their partnership in integrating DEP’s technical suggestions into the ultimate design of this remedy.”

The proposed cleanup includes:

  • Capping areas of contaminated sediment that have been identified as sources of contamination. Prior to capping, sediment would be dredged to a depth to accommodate the cap so that the potential for flooding is not increased. 
  • Additional capping and dredging in areas with the potential for erosion and high concentrations of contaminants in the subsurface.
  • Areas identified for remediation would be evaluated to determine if sediments at depth in each area can be dredged so that capping would not be needed.
  • Dredged materials would be processed at one or more nearby sediment processing facilities for off-site disposal at licensed disposal facilities.
  • Institutional controls such as restrictions on activities in the river would be implemented to protect the cap, and New Jersey’s existing prohibitions on fish and crab consumption would remain in place.
  • Monitoring and maintenance of the cap would be required to ensure its stability and integrity in the long term.

EPA will consider public comments received on the proposed cleanup plan and if the proposed cleanup plan becomes final, EPA will pursue agreements with the responsible parties to implement the interim remedy. EPA expects to use an adaptive management approach to sample and gauge the progress of the cleanup toward a final remedy for the Lower Passaic River Study Area, which would include assessing the river to determine if more work is needed to meet the goals of a final remedy for the Lower Passaic River. EPA would propose a final remedy for the entire Lower Passaic River at that time.

https://us.vocuspr.com/Publish/518041/vcsPRAsset_518041_119251_eb8fb9cd-05e8-47d7-9239-6f2f7a1cfe20_0.PNG

The Diamond Alkali Superfund site is divided into Operable Units (OUs). EPA often divides cleanup activities at complex sites into different areas or OUs: The Diamond Alkali Superfund site is currently organized into four OUs.

  • OU1 is the location of the former Diamond Alkali pesticide manufacturing plant at 80-120 Lister Avenue, for which an interim remedy for containment was completed in 2001.
  • OU2 is the lower 8.3 miles of the Lower Passaic River, from Newark Bay to river mile 8.3, for which EPA selected a remedy in 2016. The estimated $1.38 billion cleanup plan is currently in remedial design under EPA oversight.
  • OU3 is the Newark Bay Study Area. EPA is currently overseeing an in-depth investigation of the bay, including the nature and extent of the contamination and the potential risks to human health and the environment from exposure to this contamination, and an evaluation of technologies and alternatives in order to determine how best to clean it up over the long term.
  • OU4 is the 17-mile Lower Passaic River Study Area which includes both the lower 8.3 miles of the River and the upper nine miles which is the subject of this proposed plan. This proposed cleanup plan covers the upper nine miles of OU4 in the Lower Passaic River Study Area and is an interim action. A final remedy for OU4 will be proposed and selected in the future.

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EPA expands long-delayed Passaic River cleanup into Bergen, Passaic, Essex counties


By Scott Fallon NorthJersey.com

The nation’s most expensive Superfund cleanup to remove cancer-causing pollution from the Passaic River will be expanded to include 9 more miles in Bergen, Passaic and Essex counties under a plan approved Monday by the U.S. Environmental Protection Agency. 

But the $1.84 billion project to clean all 17 miles of the lower Passaic is still several years away from launching, officials said Monday.

The $441 million expansion plan would excavate 387,000 cubic yards of contaminated river mud and place a barrier over the rest in a stretch of the river from North Arlington to the Dundee Dam, which spans the waterway between Clifton and Garfield. A list of affected towns follows below.

The plan comes more than seven years since the EPA unveiled an ambitious $1.4 billion “bank to bank” cleanup of the lower 8 miles of the Passaic from Newark Bay to Belleville, where much of the pollution is concentrated. That dredge-and-cap project has not yet begun.

“We know we can’t turn around a century of pollution overnight, but today as part of the solution, we’re taking a very important step,” EPA Deputy Administrator Janet McCabe said during a virtual news conference Monday.

EPA officials have wanted the two projects on the river to be done concurrently to minimize disruptions, such as the opening of bridges, barge traffic and use of heavy machinery, including excavators.

A temporary treatment plant would be built around 2023 at a location that has not yet been finalized, said Walter Mugdan, the EPA’s acting regional administrator. Dredging work would commence a few years after that, he said.

But the threat of pollution being carried into communities from intense storms like Henri and Ida that have inundated North Jersey recently should give urgency to a project like this, said Rep. Bill Pascrell Jr., D-Paterson, who has spent decades advocating for the cleanup. 

“Let me tell you something: It has taken too damn long,” he said at the news conference. 

The Passaic has long been one of the most polluted rivers in the U.S. Cancer-causing dioxin, PCBs, mercury and other pollutants that were dumped primarily in the more industrial parts of the lower river have been swept by the tide to upriver communities that have homes and parks on its banks.

Dioxin, one of the world’s most dangerous pollutants, isn’t as extensive on the upper 9 miles, but the risk to people may be greater.

The upper part of the river is used for recreation, including a key spot for crew teams to train and compete, hosting the annual Head of the Passaic Regatta, where dozens of high school and club teams race in Lyndhurst.

And the upper part is dotted with pollution “hot spots.” One of those included a patch of mudflats, where the river bends in Lyndhurst, that were strewn with dioxin. Workers dredged 16,000 cubic yards of contaminated mud next to Riverside County Park in 2013 and placed a barrier over the rest.

Most Superfund cleanups move extremely slowly due to protracted legal battles between regulators and polluters as well as efforts to engineer and mobilize an often complicated plan. 

The Passaic has been on the EPA’s Superfund cleanup list for decades.

Pollution has been dredged in front of the former Diamond Alkali plant, where dioxin was dumped in the river in the 1960s as a byproduct of making Agent Orange — the infamous cancer-causing defoliant used during the Vietnam War.

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Feds unveil plan for Passaic River’s toxic mud

Former Diamond Alkali superfund site on Passaic River Newark
The Diamond Alkali superfund site during boat tours on the Passaic River in Newark, N.J. on July 16, 2014 (Ed Murray/The Star-Ledger)

By Michael Sol Warren | NJ Advance Media for NJ.com

The lower reaches of the Passaic River are toxic.

Heavy industrial pollution through the 19th and 20th centuries left the river-bottom laced with hazardous substances, including carcinogens like dioxins and polychlorinated biphenyls (PCBs).

It’s a history of pollution that has robbed residents in Newark and surrounding towns of the chance to fully enjoy the river, a fact that once led U.S. Sen. Cory Booker to call the river “New Jersey’s biggest crime scene.” To this day, people are warned against eating any fish or crabs pulled from the Passaic.

Federal efforts to clean up this section of the river, known as the Diamond Alkali Superfund site, have been underway for decades. Now, the next chapter of that work is set to begin.

[Editor’s note: See previous related coverage]

The U.S. Environmental Protection Agency announced on Wednesday plans to dredge 387,000 cubic yards of contaminated sediments from the bottom of a nine-mile stretch of the Passaic River, roughly between the Dundee Dam in Garfield and Kearny.

Not all of the pollution will be dredged and removed in the proposed plan. Some will be left behind, and buried underneath a cap to prevent it from spreading.

The EPA said dealing with this section of the river is critical to keeping pollution from spreading downstream, into areas where other cleanup work is already underway.

“This proposed interim action will address highly contaminated sediment located just upriver of the lower eight miles that is an ongoing source of contamination in the target area and acts as a reservoir for potential contaminant migration,” said Walter Mugdan, the acting regional administrator of EPA Region 2.

The new EPA plan has the support of Gov. Phil Murphy’s administration.

“This cleanup will improve water quality and benefit communities throughout the Passaic River Basin and will help New Jersey to further the promise of environmental justice by remedying a Superfund site that affects overburdened communities along the Passaic River,” said Shawn LaTourette, the commissioner of the New Jersey Department of Environmental Protection.

The new cleanup is expected to cost $441 million and take over 4 years to complete. It’s unclear when work would begin.

The nine-mile stretch affected by the new plan is just one part of the sprawling superfund site, which encompasses Newark Bay and the lower 17 miles of the Passaic River.

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Enviro and energy bills up for votes Monday in NJ Senate

By Frank Brill
EnviroPolitics Editor
The following energy and environment bills are scheduled for votes in the New Jersey Senate on Monday, Feb. 26, 2018:

S877 (Sweeney / Smith / Van Drew) – Establishes Nuclear Diversity Certificate program. This is the controversial bill that would provide a ratepayer-funded bailout to PSEG Nuclear’s three electricity generating facilities in South Jersey whose profits are endangered by cheaper natural gas prices. It also contains provisions affecting solar energy. More at NJ Spotlight 

S879 (Sweeney) – Amends definition of “existing major hazardous waste facility” in “Major Hazardous Waste Facilities Siting Act.” Supported by South Jersey business and economic-development interests, the bill would allow the Chemours (former DuPont) hazardous waste treatment plant in Carneys Point, to resume accepting waste from non-Chemours operations. The plant has been treating waste for decades but stopped accepting material from non-DuPont businesses in 2011. Now it wants to reverse that decision without being required to apply for permits from the NJDEP as a new facility. Carneys Point stands to realize hundreds of thousands of dollar in gross receipts taxes if the legislation is enacted.


S1057 (Van Drew / Gopal) – Requires EDA, in consultation with Department of Agriculture, to establish loan program for certain vineyard and winery capital expenses.

S1083 (Cruz-Perez / Gopal) – Establishes loan program and provides corporation business tax and gross income tax credits for establishment of new vineyards and wineries.

S1208 (Beach / Oroho) – Prohibits investment of pension and annuity funds by the state in entities that avoid Superfund obligations to New Jersey. NJ Spotlight‘s John Reitmeyer reported that the measure “is advancing in direct response to recent efforts by a state-owned Argentinian company and its subsidiaries that seem to be directed at keeping the company from having to pay more than $1 billion to clean up the former Diamond Alkali Superfund site in Newark and related pollution along an eight mile stretch of the Passaic River. “ 
SR29 (Sarlo / Bateman / Van Drew) – Opposes expansion of oil and natural gas drilling on Outer Continental Shelf. The bill is one of many introduced in the legislature after President Trump opened up the entire Atlantic coast (except Florida–the home of Mar a Lago) to gas and oil drilling.
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EPA to give two North Jersey Superfund sites attention

Polluters have already removed some of the cancer-causing dioxin from the lower Passaic River near the former Diamond Alkali plant in Newark. But much of the contamination is still spread out in the river’s lower 17 miles.

James M. O’Neil and Scott Fallon report for The Record:

The federal Environmental Protection Agency identified a portion of the Passaic River and Berry’s Creek in the Meadowlands on Friday as two Superfund sites that will receive more “intense attention” from the agency as it decides the best route for cleanups.

The two North Jersey sites are among 21 Superfund sites across the country that have been added to a special list requested by EPA Administrator Scott Pruitt to receive more immediate focus.

However, the new designation does not provide any additional funding to help with cleanups. And agreements with polluters, which often take years, will have to be secured.

The agency wants to target a nine-mile stretch of the Passaic River – from Belleville north to Clifton and Garfield – contaminated with cancer-causing dioxin.

Funding: Christie administration diverted $3 million from Meadowlands restoration fund

Superfund site: ‘Oil Lake’ in Meadowlands to get $24 million EPA cleanup

Within the next month or two, companies and other entities responsible for the pollution are expected to submit to EPA an investigation they have been conducting that includes the nine miles, the agency said Friday evening.

The EPA already ordered polluters last year to conduct a $1.4 billion cleanup of the lower 8.3 miles of the river from Belleville south to Newark Bay.


Much of the pollution comes from the former Diamond Alkali facility in Newark where dioxin was dumped into the river during the production of the notorious defoliant known as Agent Orange, used during the Vietnam War. Other chemicals of concern include PCBs, mercury and pesticides.

Berry’s Creek is a tributary of the Hackensack River in the Meadowlands. After seven years of study and research, the EPA has been inching closer to a proposed cleanup plan for the highly contaminated creek.

Berry’s Creek south of the Meadowlands Sports Complex. (Photo: James W. Anness/NorthJersey.com)

The cleanup of sediment contaminated with mercury and PCBs will likely wind up being some combination of dredging and capping, and the plan should be ready sometime in mid-to-late 2018, the EPA said Friday.

The actual cleanup would still be three or more years away.

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NJ chemical lobby calls Argentina cleanup dodge ‘fraud’

Three months after the EPA announced the price tag for cleaning up a Superfund site in Newark, the company that bought polluter Diamond Alkali went into bankruptcy and backed away from the cleanup, leaving public outrage in its wake.

State legislators, at a hearing in the New Jersey Meadowlands today, heard testimony from numerous environmental organizations–and from the state’s chemical industry–all who decried the actions by Maxus Energy and its owner, YPF, Argentina’s state-owned oil company. 


Dennis Hart, executive director of the Chemistry Council of New Jersey, called the attempts by the corporations to avoid responsibility for the Superfund cleanup through bankruptcy a “blatant fraud.”


NJTV News‘ Brenda Flanagan has the story above.

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Occidental chips in $165M toward Passaic River cleanup

The Passaic River is one of the most contaminated waterways in the United States

One of the nation’s largest chemical companies will pay $165 million toward the cleanup of the lower Passaic River under an agreement reached with the U.S. Environmental Protection Agency, officials announced this morning.

Scott Fallon reports for The (Bergen) Record today:

The settlement with Occidental Chemical Corp., of Houston, is a fraction of the $1.38 billion needed to complete a plan to dredge and cap the river that EPA announced in March. But agency leaders said the $165 million is important because it will fund engineering work to design the cleanup while EPA pursues agreements with more than 100 other companies to fund the dredging.

It will take four years to design the project and another six years to carry it out.

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“We’re dealing with a century of pollution,” said EPA regional Administrator Judith Enck. “We need a decade to get it cleaned up.”

About 3.5 million cubic yards of sediment laced with cancer-causing dioxin, PCBs, mercury and other industrial pollution will be scooped up within an eight mile boundary from Newark Bay to Belleville. The first 2½-feet of polluted sediment will be removed in most of the river and up to 15 feet to accommodate a navigation channel. Contaminated sediment would be taken to an out of state landfill

The plan is 800,000 cubic yards or 20 percent less than a $1.7 billion plan proposed by EPA two years ago. The change is due to EPA shortening by about half a mile the length of a navigational channel it plans to dredge, agency officials said.

When the work is done, more than half of the pollution in the river — about 6 million cubic yards of contamination ¬— will remain in the Passaic, covered with sand and other materials.
The Passaic River is one of the most contaminated waterways in the United States, with pollution dating back more than 200 years.

It worsened in the 20th century with chemical manufacturers and other industry lining the riverfront, including the Diamond Alkali plant in Newark, which dumped dioxin into the river while making the infamous Vietnam-era defoliant Agent Orange.

Occidental purchased the stock of the former Diamond Alkali and inherited its environmental liability.

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Newark group, Sierra Club disagree over EPA river cleanup

EPA dredging
The EPA’s plan includes dredging 3.5 million cubic yards of sediment containing pollutants and toxic material from the Passaic River near Newark, NJ.
A Newark community group is defending the U.S. Environmental Protection Agency’s final plan to clean up the Passaic River, despite criticism by the New Jersey Sierra Club that the plan will fail to completely remove toxic chemicals in the severely contaminated waterway.
Jon Hurdle writes today in NJ Spotlight:
The EPA on Friday announced a $1.38 billion plan to remove 3.5 million cubic yards of sediment containing dioxin, PCBs, heavy metals, and some 100 other contaminants from the lower eight miles of the river, and then cap the riverbed with two feet of sand from bank to bank to contain remaining sediment.
The plan will be the country’s largest-ever environmental dredging project, said Judith Enck, the EPA’s Region 2 administrator, and follows years of analysis and discussion over how to clean up the badly polluted river after more than a century of industrial contamination.
The federal agency said the plan will improve water quality, protect public health, revitalize waterfront areas, and create hundreds of new jobs. “This plan is one of the most comprehensive in the nation and will help restore a badly damaged river,” said Enck, at an event attended by U.S. Senators Cory Booker and Robert Menendez, as well as Bob Martin, commissioner of New Jersey’s Department of Environmental Protection.
The river has been seriously damaged by decades of industrial pollution, notably from Newark’s Diamond Alkali factory which in the 1960s produced Agent Orange, a defoliant used in the Vietnam War. The operation resulted in contamination of the river and surrounding land with dioxin, a highly toxic substance.
The EPA’s program was immediately attacked by the New Jersey Sierra Club, whose director, Jeff Tittel, said it would not remove all the contaminants, so local residents would still be exposed to the cocktail of toxic chemicals that has contaminated fish and raised concerns about human health.
“The people in Newark and along the Passaic River have waited 40 years for a clean-up and now this toxic nightmare will continue,” Tittel said in a statement. “The EPA’s clean-up plan will not work because it will only cap the pollution.”
Tittel said the EPA should have chosen an earlier plan to dredge 8.3 miles to a depth of between 12 and 30 feet, which he said would have removed all the contaminants so that people could once again use the river for fishing and boating, as they did before the 1950s.
The EPA said there is a “reservoir of contaminated fine-grained sediment” approximately 10 feet to 15 feet deep in the lower eight miles of the river. Some 2.5 feet of that will be removed and then the riverbed will be capped with two feet of sand, except along the shoreline where the cap will consist of a foot of sand and a foot of material that will support habitat for fish and plants.
Tittel’s criticism was rejected by a community group that has contributed to the multi-year debate over how to clean up the river.
Debbie Mans, co-chair of the Community Advisory Group for the Passaic River Superfund Site, which backs the plan, called Tittel’s comments “frustrating” and claimed he was attacking the plan without understanding the issue.
“We’ve been meeting as a community group for six years and he has never come to any of our community meetings, never spoken with the community,” said Mans, who is also executive director of New York New Jersey Baykeeper, an environmental group that works to protect the harbor estuary. “The community is behind the proposal and I think it’s disappointing that a statewide group would try to step on top of them to say ‘we know what’s best’ when they haven’t spent the time in the community understanding it.”

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A sick river, from those who brought you Agent Orange


In today’s Star-Ledger, Tom Moran writes of the Passaic River:

“It could be lined with parks, with pleasure boats tied up at wooden docks. It could be a place where couples get dinner and go for a stroll, where kids fly kites and eat ice cream, where people would pay extra for the privilege of living in a small apartment nearby. That’s all happening in other cities.”

Instead, the Passaic River is an industrial dead zone in a stretch below and above the former Diamond Shamrock (Diamond Alkali) plant in Newark, NJ. There, in the 1950’s, workers dumped dioxin into the river and, at low tide, used rakes to knock down the piles so no one would notice.

There’s no swimming or fishing in that section of the Passaic River and for good reason. Dioxin, a constituent of Agent Orange, the defoliant sprayed by the U.S. Air Force over jungles and farmlands in Vietnam, eastern Laos and parts of Cambodia, is one of the deadliest chemicals every created in a laboratory.

Vietnam estimates that 400,000 people were killed or maimed, and 500,000 children born with birth defects as a result. The Red Cross of Vietnam estimates that up to 1 million people are disabled or have health problems due to Agent Orange.

Back in New Jersey, where Agent Orange was manufactured,  “Workers with rakes have been replaced by consultants and lawyers, ” Moran writes, in continuation of “the long history of polluters evading responsibility for the murder of this river.” 

His story explains how Diamond Shamrock’s successor corporations and others stuck with the staggering cleanup cost (potentially as high as $2.5 billion) are pressing the EPA to delay implementation of the remediation to 2015 and to limit it to two ‘hot spots.’

The Obama Administration is insisting on bank-to-bank dredging.  And New Jersey agrees.
“We are in lockstep agreement with the EPA on that,” says Bob Martin, commissioner of the state Department of Environmental Protection. “Cleaning just hot spots is absolutely not adequate and not acceptable. This is the most contaminated site with dioxins anywhere in the world.”  

A showdown looms later this year, Moran writes, when the EPA is expected to issue its definitive cleanup plan. Even then, dredging wouldn’t begin until 2018, after public comment, revisions and engineering work.

Read the full story here.

Related environmental news stories:
Passaic River Cleanup Diamond Shamrock Superfund Site Newark NJ
The Dismal History of Superfund’s Water Body Sites – Law and the Environment
Cleaning a River That Was Given Up for Dead – NY Times.com 
Lower Passaic River Restoration Project – EPA 
Agent Orange — History.com Articles, Video, Pictures and Facts 
VA to adjust list of Agent Orange disorders | Marine Corps Times  
Agent Orange still stokes fear in Vietnam’s pregnant women – The Guardian

A sick river, from those who brought you Agent Orange Read More »

More news stories on YPF Superfund payment avoidance


Yesterday, we brought you NJTV News‘ coverage of the legislative hearing that explored alleged attempts by YPF, Argentina’s state-owned oil company, to avoid its share of payments for the $1.4 billion Superfund cleanup of the Passaic River. [NJ chemical lobby calls Argentina cleanup dodge ‘fraud’].


Additional stories today worth your attention are:
 

Did Argentinian Firm Bankrupt Subsidiary?  (NJ Spotlight)

N.J. Lawmakers Seek Probe of YPF for Passaic River Cleanup (Wall Street Journal)


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