The On-Scene Coordinator (OSC) initiated a response action at the Stoney Creek Technologies Site on April 17, 2007 after evaluating the threats posed by the Site. The response actions taken by the OSC are documented in POLREP 01 and Special Bulletin A. POLREP 02 and Special Bulletin B were issued on April 26, 2007 and provided additional information related to the threats posed by the Site and identified and clarified actions that may be taken to minimize the threat of a release of hazardous substances from the Site. The OSC continues to conduct a removal site evaluation pursuant to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
The Site is the location of Stoney Creek Technologies’ chemical manufacturing facility. The removal site evaluation identified the existence of a threatened release of hazardous substances posing a significant threat to public health or welfare or the environment. Stoney Creek Technologies is experiencing serious financial difficulties and may not be able to safely operate its facility and/or maintain the safety of the chemicals therein for much longer. The OSC evaluated Site conditions against the factors contained in Section 300.415 of the NCP and determined on April 17, 2007, that immediate response activities pursuant to Section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, were necessary to begin to mitigate the immediate threats posed by the Site. Pursuant to Delegation of Authority 14-2, the OSC authorized the expenditure of CERCLA funding in an amount not to exceed $250,000 to initiate an emergency Removal Action to prevent a release of hazardous substances stemming from tanks and containers of flammable chemicals, combustible chemicals, acid chemicals, and combinations of these and other chemicals as well as from these same types of chemicals located within trenches, pipes, equipment, and other locations throughout the facility. The OSC must take actions especially in the event that the current operator of the facility is unable to continue to do so. Stoney Creek Technologies continues to operate its systems to safeguard the inventory and to reduce the inventory through sale of manufactured products into the stream of commerce.
In POLREP 01 and Special Bulletin A, the OSC identified actions to take to minimize the threat of release of hazardous substances. Among those actions was the need to identify, evaluate, and arrange for or operate facility systems (e.g., nitrogen system), or take other similar actions, to minimize the potential for fire or chemical reaction or release. POLREP 02 and Special Bulletin B clarified this action item to include the removal of chemical product inventory or operation of facility systems that result in the removal of chemical product inventory from the Site as a means to minimize the potential for release of hazardous substances from the Site. The OSC determines that removal of chemical product inventory from the Site, or safe operation of the facility systems by the Company that result in a reduction of on-Site inventory, will facilitate the reduction of threat by removing the chemicals that contribute to the threat of a release. As such, the OSC may consider limited activities by the Company as it manufactures chemicals to be consistent with the overall intent and scope to reduce the threats posed by the Site provided that the Company operates consistent with the direction of the OSC and operates the facility’s safety systems (e.g., nitrogen system). The OSC communicated this potential action item to the Pennsylvania Department of Environmental Protection which acknowledged its benefit provided it is directed by the decision of the OSC.
Since April 2007, the inventory at the Site has been steadily reduced.
(A) The OSC continues to maintain a routine presence at the facility during production timeframes.
(B) An activities log is maintained which describes production activities, incoming and outgoing materials, systems operation status and any maintenance incidents/issues of importance. The facility continues limited production operations, including tank transfers, milling, sulfonation, degassing, and stripping. Products totaling approximately 4.8 million pounds were shipped to customers through October 2007. Materials critical for facility safety (nitrogen) and some raw materials needed to reduce inventory through processing were brought into the plant.
(C) A potentially responsible party received a Unilateral Adminstrative Order, dated September 28, 2007, from EPA requiring the removal of inventory from the Site. The Order (whichh is similar to 2 prior orders issued by EPA to 2 other parties) allows for removal or processing of chemical inventory for sale or removal for disposal purposes. Stoney Creek Technologies continues to maintain the safety of the facility while processing chemicals for sale. In support of the Orders and in the case wherein the Respondents to the Orders are unable/unwilling to comply, the Region approved an Action Memorandum to effect removal of inventory. That Action Memo approved a budget of $4,814,489 to conduct Removal Actions.
(D) The OSC has arranged for payment of services to receive and treat wastewater dsicharged from the facility to DELCORA (Regional Waste Water Treatment Authority). This allows for continued processing which is needed to reduce inventory, protect from uncontrolled discharges, and maintain facility safety while the removal is underway.
(E) PADEP continues paying for electricity required to keep the plant safe.
(F) The OSC arranged for the collection of samples of water discharged from the facility and/or stored in the holding tanks pending treatment and discharge. This data indicated that the dsicharge from the facility meets expected standards and that hazardous substances are not present at quantities that may pose harm. The OSC also arranged for the collection of samples of ash commingled with processing wastes (e.g., co-product as defined by the facility). The results of TPH concentrations show several 1000 mg/kg. In all, results indicate that the primary issue with potential uncontrolled discharges should be oil related.
(G) The OSC continues to provide routine status updates to PADEP SE Regional Office personnel.
(H) The OSC participated with PADEP and local response officials in a meeting to update Chester communmity representatives about ongoing Site issues.
(A) The OSC continues to work with the Companies to remove inventory from the Site including the continued production activities that result in net reduction of inventory. The OSC continues to evaluate information needs for determining when sufficient inventory is removed or if conditions changed such that the threats at the Site are mitigated.
A) For the immediate future, the OSC plans to continue to allow the Companies to remove existing inventory from the facility through removal and through approved production processes. The OSC plans to maintain a site presence during chemical production activities.
(A) The facility permits were suspended by PADEP and SCT has not yet been able to satisfy requirements that might enable them to regain their permits.
(B) SCT continues to work to obtain financing to continue as a business. A financing group is now involved and effort continues to develop a game plan to improve current conditions.
(C) Potentially Responsible Parties are in substantial compliance with the EPA Orders.
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