DIAMOND ALKALI CO.
NEWARK, NJ
Cleanup Activities
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Background
The Diamond Alkali Superfund site includes the former manufacturing facility at 80-120 Lister Avenue in Newark, New Jersey, the Lower Passaic River Study Area (LPRSA), and the Newark Bay Study Area. The LPRSA includes the 17-mile tidal stretch of the river from Dundee Dam to Newark Bay and tributaries. The Newark Bay Study Area includes Newark Bay and portions of the Hackensack River, Arthur Kill and Kill van Kull. The area surrounding the site is densely populated and heavily industrialized.
Kolker Chemical Works, Inc. produced Dichloro-diphenyl-trichloroethane (DDT) and other chemicals at 80 Lister Avenue in the 1940s. The Diamond Alkali Company (later purchased by and merged into Occidental Chemical Corporation or OCC) owned and operated the facility in the 1950s and 1960s.
The facility manufactured agricultural chemicals including herbicides used in “Agent Orange,” a defoliant chemical that removes the leaves from trees and plants. These manufacturing processes produced an extremely toxic chemical, 2,3,7,8-TCDD (dioxin), as a byproduct.
The state of New Jersey and EPA sampled at and near 80 Lister Avenue and in the river in 1983. Sampling revealed high levels of the toxic chemical dioxin. Following the sampling, EPA listed the site on the Superfund National Priorities List (NPL) in 1984. EPA and NJ found dioxin, pesticides, and other hazardous substances in the soil and groundwater at 80-120 Lister Avenue as well as dioxin, polychlorinated biphenyls (PCBs), metals, polycyclic aromatic hydrocarbons (PAHs), and pesticides in sediment in the Lower Passaic River.
New Jersey prohibits consuming fish or shellfish from the Lower Passaic River and Newark Bay. Cleanup activities to date include immediate actions at 80-120 Lister Avenue and surrounding properties, removal actions in the Lower Passaic River, and the interim cleanup for 80-120 Lister Avenue. EPA selected a cleanup plan in March 2016 for the lower 8.3 miles of the Lower Passaic River.
EPA selected a cleanup plan in September 2021to address an interim cleanup action for the upper 9 miles of the Lower Passaic River. Additional investigations and planning for long-term cleanup are ongoing.What Has Been Done to Clean Up the Site?
EPA and the New Jersey Department of Environmental Protection (NJDEP) found high levels of dioxin at and in the vicinity of 80-120 Lister Avenue and in the Passaic River in 1983.
Based on these investigations, EPA and NJDEP took emergency response actions. EPA and NJDEP secured the properties at 80-120 Lister Avenue, covered the exposed soil to prevent the spread of contaminants, and cleaned up dioxin found on nearby properties through excavation, vacuuming, and other means.
EPA proposed the site for the National Priorities List (NPL) in September 1983 and added it to the NPL on September 21, 1984.
With NJDEP oversight, Occidental Chemical Corporation (OCC), the corporate successor to the Diamond Alkali/Diamond Shamrock Company, completed a remedial investigation/feasibility study (RI/FS) for 80-120 Lister Avenue from 1984 to 1987. An RI/FS is an investigation that examines the nature and extent of contamination and options for addressing it. The RI/FS showed that many hazardous substances contaminated the 80-120 Lister Avenue properties and the Passaic River, including dioxin, semi-volatile and volatile compounds, herbicides, pesticides, polychlorinated biphenyls (PCBs), and metals. The widespread contamination affected soil, groundwater, air, surface water, and building structures.
EPA proposed a plan calling for consolidating and safely containing contaminated material in the interim while other options were explored for 80-120 Lister Avenue in August 1987. EPA finalized this interim containment cleanup plan in September 1987.
The cleanup consisted of several actions that took over a decade to complete. With EPA oversight, OCC covered contaminated material with a cap to prevent it from spreading. OCC also installed subsurface slurry walls and a flood wall. These barriers block the spread of contaminated groundwater. Finally, with EPA oversight, OCC constructed a groundwater collection and treatment system to further stop the spread of contamination. These cleanup actions prevent exposure to contaminated soil and put a stop to further releases into the river. OCC completed the work for this interim cleanup plan in 2001.
OCC signed an Administrative Order on Consent with EPA in 1994 to investigate a six-mile stretch of the Lower Passaic River. Tierra Solutions, Inc. (Tierra) performed the work on OCC’s behalf. The investigation found contaminants of concern that originated from the Diamond Alkali facility. Tierra found 2,3,7,8-TCDD (dioxin) and other pesticides throughout the six-mile stretch, with the highest concentrations adjacent to the 80-120 Lister Avenue facility.
This investigation also found many other contaminants of concern not necessarily linked to Diamond Alkali’s operations. The investigation revealed that contaminated sediment moved into and out of the six-mile stretch, leading to the conclusion that a more comprehensive study was needed. As a result, EPA expanded the scope of the investigation in 2002 to include a stretch of river from Newark Bay to 17 miles upriver, now called the 17-mile Lower Passaic River Study Area (LPRSA).
While working with OCC and Tierra on the Lister Avenue facility and the early studies of the river, EPA identified other potentially responsible parties (PRPs) for the Lower Passaic River besides OCC. Several companies that owned or operated facilities from which hazardous substances were potentially discharged to the river formed the Cooperating Parties Group (CPG).
EPA signed a settlement agreement in 2004 with the CPG in which the group agreed to pay for EPA to perform the RI/FS for the 17-mile LPRSA. The settlement agreement was amended in 2005 and 2007 to add more parties.
In addition, EPA and OCC signed an agreement in 2004 in which OCC agreed to conduct a separate RI/FS of the Newark Bay Study Area (Newark Bay and portions of the Hackensack River, Arthur Kill and Kill van Kull). With EPA oversight, OCC investigated the extent of dioxin contamination and co-located contaminants in the Newark Bay Study Area.
EPA also formed a partnership in 2004 with the U.S. Army Corps of Engineers, New Jersey Department of Transportation, U.S. Fish and Wildlife Service, National Oceanic and Atmospheric Administration, and NJDEP to conduct a joint study of the LPRSA. The partnership integrated the RI/FS for the LPRSA performed under the Superfund program with a Feasibility Study under the Water Resources Development Act.
EPA investigated contamination in sediment and water of the Lower Passaic River, the major tributaries, combined sewer overflows, and stormwater outfalls to the river from 2004 to 2007. The CPG entered into a new agreement with EPA in 2007 in which the group agreed to take over the performance of the 17-mile LPRSA RI/FS, under EPA oversight.
During the 17-mile study, EPA found that the lower 8.3 miles of the river contained the most contaminated sediment. Because this clearly posed the most significant source of risk to people’s health and the environment in the Lower Passaic River, EPA decided to address this portion of the river first. Because about 90 percent of fine-grained (and, therefore, more heavily contaminated) sediment lies below river mile 8.3, EPA undertook a targeted RI and Focused Feasibility Study (FFS) of the lower 8.3 miles. EPA issued the Record of Decision (ROD) on March 3, 2016 that selected a cleanup plan for the lower 8.3 miles of the Lower Passaic River. In September 2016, OCC signed a legal agreement with EPA in which OCC agreed to perform the engineering work needed to design the cleanup plan for the lower 8.3 miles. The design is expected to be completed at the end of 2023. The implementation of the cleanup plan is expected to take approximately six to eight years.
The findings of the 17-mile investigation support an adaptive, multi-phased approach to addressing dioxin and PCB contamination in the upper 9 miles of the LPRSA. The initial phase of cleanup will address sediments that are sources of contamination in the upper 9 miles, that have elevated contaminant concentrations and act as a reservoir for potential migration of contamination to the water column, other areas of the sediment bed, and the plant and animal life of the region. In September 2021, EPA selected an interim plan, documented in a ROD, that would clean up sediment and erosional areas by dredging and capping areas of the riverbed between river mile 8.3 and Dundee Dam. After the interim cleanup plan has been completed, EPA will use an adaptive management approach to sample and gauge the progress towards meeting the preliminary cleanup goals that will be established and documented in a final ROD.
EPA and OCC undertook cleanup actions at the site in 2001, 2012, and 2014. OCC completed the interim cleanup construction at 80-120 Lister Avenue in 2001. OCC operates and maintains the Lister Avenue cleanup and continues to monitor the implemented cleanup to ensure actions taken to date protect human health and the environment.EPA evaluates the protectiveness of cleanups every five years in a process called a Five-Year Review. EPA completed the fifth Five-Year Review in 2021 for the 80-120 Lister Avenue properties. EPA will soon finish an evaluation of technologies that may help to address contamination at the site over the long term.
Cleanup activities in 2012 and 2014 removed and disposed of contaminated sediment from two areas of the river. Tierra removed sediment with the highest concentration of dioxin in 2012 from the portion of the Lower Passaic River adjacent to the 80-120 Lister Avenue facility. The CPG dredged and capped a highly contaminated mudflat on the east bank of the river near Lyndhurst in a project called the River Mile 10.9 Removal.
As consuming fish from the Passaic is the greatest danger for people’s health, EPA conducted extensive outreach to alert the public to New Jersey’s prohibitions and advisories on fish and crab consumption for the tidal Passaic River and Newark Bay.
Exposure to even low levels of contaminants from eating fish and crab may have long-lasting health effects. The New Jersey fish and crab consumption prohibitions and advisories are based on the levels of mercury, PCBs, and dioxins in fish and crab. NJDEP and the New Jersey Department of Health issued consumption advisories to guide anglers and other members of the public who wish to harvest fish and crab from New Jersey State waters.What Is the Current Site Status?
EPA divided the Diamond Alkali site cleanup into four distinct phases, called Operable Units (OUs): the 80-120 Lister Avenue properties (OU1), the lower 8.3 miles of the Lower Passaic River (OU2), the entire 17-mile Lower Passaic River Study Area (LPRSA) (OU4), and the Newark Bay Study Area (OU3).
The cleanup work is being conducted in several stages: immediate actions and interim cleanup actions on the land portion of the site, short- and medium-term (called time critical and non-time critical) actions in the Passaic River, cleaning up the 17-mile LPRSA starting with the lower 8.3 miles, and cleaning up Newark Bay.
Immediate Actions: The discovery of dioxin in 1983 led Occidental Chemical Corporation (OCC) to secure the 80-120 Lister Avenue properties with a fence and twenty-four-hour security guard service. On behalf of OCC, Tierra Solutions covered exposed soil with geofabric to prevent potential spread of contamination. Tierra Solutions also removed dioxin-contaminated soil and debris found on nearby properties through excavation, vacuuming and other means.
Interim Cleanup Actions: To prevent the spread of contaminants, EPA selected an interim cleanup for the 80 and 120 Lister Avenue properties. To prevent the spread of contaminated groundwater, Tierra Solutions, on behalf of OCC, constructed slurry and flood wall barriers around the properties and began pumping and treating groundwater. EPA also installed a cap over the properties, a cover that further halts the spread of contaminants. Tierra and EPA completed construction of these barriers and treatment facilities in 2001. OCC performs maintenance of cleanup actions at the site under EPA oversight. EPA performs periodic reviews of the protectiveness of cleanup actions.
Non-Time Critical Actions: EPA and OCC signed an agreement in June 2008 to remove 200,000 cubic yards of contaminated sediment from the river adjacent to the 80-120 Lister Avenue facility.
EPA found deep sediment close to the facility had the highest levels of 2,3,7,8-TCDD measured in the river. Tierra Solutions, on behalf of OCC, dredged, dewatered, and transported off-site the first 40,000 cubic yards of sediment in 2012.
The initial agreement between EPA and OCC had proposed another project to store 160,000 cubic yards of dredged materials from a second phase of dredging in a confined disposal cell, potentially located in Newark Bay. EPA subsequently determined that this was no longer practical. This second phase of work will be integrated with the major work in the lower 8.3-mile cleanup.
Time-Critical Actions: EPA and the Cooperating Parties Group (CPG) signed an agreement in June 2012 to address the risks posed by high concentrations of dioxins, PCBs, and other contaminants found at the surface of a mudflat on the east bank of the river at River Mile 10.9 in Lyndhurst, NJ. Under EPA oversight, contractors for the CPG placed an engineered cap over contaminated sediment at River Mile 10.9 to reduce exposure and prevent the spread of contaminants to other parts of the river.
To ensure that the cleanup action did not make flooding worse, CPGs first dredged surface sediments from the mudflat to make space for the cap. The work began in 2013 and was mostly completed in 2014, except for an area of contaminated sediment located above a utility pipeline that runs under the river. This time-critical action is not the final cleanup action for this area and EPA will make a final decision for the River Mile 10.9 area as part of the final 17-mile LPRSA final cleanup plan, called a Record of Decision (ROD).
Lower 8.3 miles of the Lower Passaic River: EPA found high levels of contaminants in the sediments of the lower 8.3 miles of the river. This area is a major source of contamination to the rest of the river and to Newark Bay.
In response to this discovery, EPA investigated and assessed a focused set of feasible actions in a Remedial Investigation/Focused Feasibility Study (RI/FFS) to control the spread of contamination. EPA proposed a comprehensive plan to the public in April 2014. EPA received hundreds of comments on its plan and made a final decision in the form of a Record of Decision issued in March 2016.
EPA’s plan, for which engineering design work is underway, includes an engineered cap that will be installed bank to bank in the lower 8.3 miles. Before the cap is installed, up to 3.5 million cubic yards of contaminated sediment will be dredged from the lower 8.3 miles. This will prevent the cap from causing increased flooding when it is installed and accommodate continued commercial navigation in the 1.7 miles of the river closest to Newark Bay. The dredged materials will be taken by boat or pumped through a pipe to a sediment processing facility on the banks of the Passaic River or Newark Bay. At the facility, water will be removed from contaminated materials and transported off-site to permitted facilities for disposal.
The estimated cost of the cleanup action for the lower 8.3 miles is $1.38 billion. EPA and OCC signed a legal agreement in September 2016 for OCC to perform the design of the lower 8.3-mile cleanup under EPA oversight. The design is underway.
17-mile Lower Passaic River Study Area (LPRSA): The CPG performed sampling for the remedial investigation or study of the 17-mile Lower Passaic River between 2008 and 2014. EPA approved the CPG’s Baseline Human Health Risk Assessment in July 2017. EPA approved the CPG’s Baseline Ecological Risk Assessment for the LPRSA, including a Baseline Ecological Risk Assessment for the discrete upper 9-mile reach, in June 2019.
CPG submitted the final remedial investigation report for the 17-mile LPRSA in July 2019. EPA conditionally approved the report pending approval of the bioaccumulation model. A bioaccumulation model is a computer program that predicts how the contaminants in the sediments move into and accumulate in fish and crab tissue. The CPG expects the model to be finalized and peer reviewed in 2022.
In July 2017, the CPG proposed evaluating an interim cleanup for source control in the upper 9 miles of the LPRSA that would get work going in that portion of the river much sooner than at first anticipated since the contamination is not bank-to-bank, as it is in the lower 8.3 miles. In April 2021, EPA proposed a plan for that interim action in the upper 9 miles for public comment. EPA received public comments on its plan and made a final decision in the form of a Record of Decision issued in September 2021. EPA's plan for the interim cleanup includes dredging approximately 387,000 cubic yards of sediment with elevated dioxin and PCBs and installing a cap at a cost of about $441 million. As in the lower 8.3 miles, the dredged materials will be taken by boat or pumped through a pipe to a sediment processing facility on the banks of the Passaic River or Newark Bay. At the facility, water will be removed from contaminated materials and those materials will then be transported off-site to permitted facilities for disposal.
The interim cleanup action could take advantage of cost efficiencies available if work can be undertaken in the upper 9 miles while the infrastructure constructed for the lower 8.3-mile cleanup action is in place. This would also reduce disruption in the river and to the many communities along the river. The interim cleanup action would incorporate an adaptive management approach into the site cleanup and would integrate with the cleanup action currently being designed for the lower 8.3 miles.
EPA expects that an interim cleanup action that includes the cleanup of areas with elevated concentrations of contaminants (e.g. dioxins and PCBs) could speed up the recovery of the river.
An interim cleanup action for the upper 9 miles would not alter the previously selected cleanup for the lower 8.3 miles of the river. The interim cleanup action for source control in the upper 9 miles would be followed by some years of post-cleanup monitoring and the development of risk-based cleanup goals. Interim cleanup actions should finish with a final ROD for the 17-mile LPRSA. Further cleanup actions will be taken, if necessary, to reach cleanup goals.
Newark Bay Study Area: EPA approved the Remedial Investigation in May 2022. The Feasibility Study conducted by OCC for Newark Bay and portions of the Hackensack, Arthur Kill and Kill van Kull is ongoing. EPA approved OCC’s Baseline Human Health Risk Assessment in December 2019 and Baseline Ecological Risk Assessment in August 2020.