All “Superfund” Sites Are NOT Created Equal

Contributed by Trey Hess P.E., Marketing Director, PPM Consultants

On Friday, December 20, 2024, the U.S. Environmental Protection Agency (EPA) approved a Record of Decision (ROD) for Operable Unit 4 of the Anniston PCB Site. This site is located in and around Anniston, Alabama, as well as parts of Calhoun and Talladega counties, approximately 50 miles east of Birmingham. Although the Anniston PCB Site is not listed on the National Priorities List (NPL), the EPA considers it to be of NPL caliber. It is being addressed through the Superfund Alternative (SA) approach, which follows the same investigation and cleanup process as NPL-listed sites. Importantly, the SA approach is not a substitute for the Superfund process but an alternative to formally listing a site on the NPL.

The EPA typically employs one of three options for addressing Superfund sites requiring long-term (remedial) cleanups:

• Listing the site on the National Priorities List (NPL),
• Addressing the site using other clean up options (e.g., other federal or state programs).
• Using the Superfund Alternative (SA) approach.

The SA approach can potentially save the time and resources associated with listing a site on the NPL. As long as a potentially responsible party (PRP) enters into an SA approach agreement with EPA, there is no need for EPA to list the site on the NPL (although the site qualifies for listing on the NPL). Currently, sites with SA approach agreements are a small subset of all Superfund cleanup agreements. Threshold eligibility criteria for using the Superfund alternative approach are:

• Site contaminants are significant enough that the site would be eligible for listing on the NPL (i.e., the site would have a Hazard Ranking Score (HRS) ≥ 28.5),
• A long-term response (i.e., a remedial action) is anticipated at the site, and
• There is a willing, capable PRP who will negotiate and sign an agreement with EPA to perform the investigation or cleanup.

The Anniston Superfund Alternative Site

The Anniston SA site encompasses a mix of commercial, industrial, and residential properties, as well as downstream waterways and floodplains. Investigations have determined that the former Monsanto Corporation’s PCB manufacturing plant was the primary source of polychlorinated biphenyls (PCBs) in the area. This plant operated from 1929 to 1971, during which time hazardous and non-hazardous wastes were disposed of in various locations, including the adjacent West End and South Landfills. Contaminated surface water from the site flowed into the 11th Street Ditch, Snow Creek, Choccolocco Creek, and ultimately the Coosa River.

To address the complexity and geographic extent of the contamination, the site has been divided into several Operable Units (OUs). The December 2024 Record of Decision (ROD) focuses on OU4, which includes Snow Creek and its floodplain downstream of Highway 78 to the confluence of Snow and Choccolocco Creeks. It also covers Choccolocco Creek from the backwater area upstream of Snow Creek to the embayment of Logan Martin Lake on the Coosa River. This follows two prior decision documents: an Interim ROD for OU3, signed in September 2011, and a final ROD for OU1/OU2, signed in November 2017. The OU4 ROD provides detailed background information, including:

• The nature and extent of contamination,
• An assessment of human health and environmental risks posed by site contaminants,
• Identification and evaluation of remedial action alternatives, and
• The selection of a remedial action.

By addressing these elements, the ROD establishes a framework for addressing the contamination in OU4 and advancing cleanup efforts for the Anniston SA site.

Anniston’s Cleanup Alternatives for OU4

The EPA preferred methods to cleanup Choccolocco Creek includes removal of PCB contaminated soil and sediments and disposal offsite at an approved landfill. The estimated cost for the proposed cleanup is $85.2 million. The preferred cleanup of each of the four areas will include:

To further explain some of the proposed cleanup methods listed in the above table, here are some short descriptions:

• Dredging: used to excavate sediment at the bottom of each creek.
• Monitored Natural Recovery: a remedy for contaminated sediment that typically uses ongoing, naturally occurring processes to contain or reduce levels of
• Long-term monitoring: collection of samples over a long period of time to ensure final cleanup goals are
• Institutional Controls: administrative processes for placing restrictions and conditions on land use to maintain the
• Soil management plan: a plan to assist property owners that dig in potentially contaminated areas.

Getting Started with the Superfund Alternative Approach

The SA Approach is an option for a unique subset of contaminated properties where liability and complex cleanup are significant factors to be considered.  The EPA evaluates whether the Superfund Alternative (SA) approach is suitable for a particular site, and a Potentially Responsible Party (PRP) may also request an evaluation for this option. If the site meets the eligibility criteria, the EPA and the PRP can negotiate an SA approach agreement, which is equivalent to agreements for sites listed on the National Priorities List (NPL). If you find yourself with a site that EPA is marching towards listing on the National Priority List (NPL) and long-term remedial action is likely, PPM can help you evaluate whether the Superfund Alternative Approach is the best path forward.