Background and History
The Multistate Trust owns approximately 154 acres located on the east side of Navassa Road. This Multistate Trust Property (the Property) is bounded to the north by Quality Drive, on the east by the Eastern Marsh on the Brunswick River, and on the south by the Southern Marsh on Sturgeon Creek. The Property includes most of the Superfund site.
This undated photo, looking south and with Sturgeon Creek in the background, shows the Navassa wood-treating facility while in operation.
From 1936 to 1974, several companies including Kerr-McGee Chemical Corporation used the site for creosote-based wood treating.
Dried lumber was pressure-treated with creosote in treatment vessels for use as railroad ties, utility poles and pilings. Process water was discharged into two unlined wastewater ponds, where creosote was separated from water for reuse in the treatment process. Water from the wastewater ponds was reused as cooling water or discharged into an evaporation pond. Two boiler ponds received water from boiler operations used in the treating process.
By 1980, Kerr-McGee dismantled the wood-treatment operation, and its buildings and facilities were demolished.
The soil, sediment, and groundwater are contaminated by creosote-related chemicals. In 2010, contamination in groundwater, soils, and sediments led the U.S. Environmental Protection Agency (EPA) to add the site to EPA’s National Priorities List of federal Superfund sites. Site contamination does not currently threaten people living or working near the site.
Multistate Trust Accepts Court Appointment and Responsibility for Navassa Site
In 2009, Tronox Inc. and its affiliates owned or were liable for the Site. Unable to pay for cleanup, Tronox filed for bankruptcy protection.
In 2011, the Multistate Environmental Response Trust (the Multistate Trust) was created by a federal bankruptcy court, as part of the global Tronox bankruptcy settlement. The Multistate Trust accepted ownership of approximately 152 acres in Navassa, including most of the Superfund site. In 2016, the Multistate Trust purchased an additional 2 acres to facilitate remediation, bringing its total acreage to 154.
The Multistate Trust assumed responsibility for owning, managing, and remediating the Navassa site and numerous other contaminated, former Kerr-McGee/Tronox properties, as part of the bankruptcy settlement. The Trust is performing environmental actions at approximately 25 major, federal, and state hazardous waste properties and positioning the sites for safe, productive reuse and long-term stewardship, using funds earmarked for each site.
The Multistate Trust is a private, independent environmental response trust with the purpose of protecting human health and the environment. Visit the Multistate Trust website.
The Multistate Trust Property in Navassa, NC, is located approximately 5 miles west of Wilmington, NC, and is within approximately 10 miles of the Wilmington International Airport.
In Navassa, the Multistate Trust performs its work in collaboration with its beneficiaries:
the United States, represented by EPA and the U.S. Department of Justice (DOJ);
the State of North Carolina, represented by the North Carolina Department of Environmental Quality (NCDEQ); and
the Navassa Trustee Council, which consists of representatives from NCDEQ, U.S. Fish & Wildlife Service, and National Oceanic and Atmospheric Administration.
Timeline of the Navassa Site
Timeline
1936
The Gulf States Creosote Company began using the site in Navassa for creosote-based wood treating.
1958
American Creosoting purchased the facility and continued operations.
1965
Kerr-McGee Chemical Corporation (Kerr-McGee) bought the facility and continued operating it.
1974
Kerr-McGee shut down operations.
1980
Kerr-McGee dismantled the wood-treatment operation. Its buildings and facilities were demolished.
2005
Through a multi-step transaction in the mid-2000s, Kerr-McGee spun off its chemical business, including the site and other contaminated properties, into a new company, Tronox.
2009
Tronox filed for bankruptcy because it was unable to pay for remediation of Kerr-McGee sites, including the site in Navassa.
2010
Contamination in the site’s groundwater, soil and sediment led the U.S. Environmental Protection Agency to add the site to the National Priorities List of federal Superfund sites.
2011
As part of the Tronox bankruptcy settlement, the Multistate Trust was established by a federal bankruptcy court to take ownership of the site in Navassa and numerous other former Kerr-McGee properties.
2015
The Anadarko litigation, which was connected to the Tronox bankruptcy, provided significant additional funds that allowed the Multistate Trust to begin proactively taking remedial actions and conducting investigations at the site, including studies to evaluate the nature and extent of the contamination.
2016
The Multistate Trust made substantial progress on the planning and implementation of Supplemental Remedial Investigations (SRI) based on data gap analysis and completion of the initial phase of the SRI field work, including groundwater, soil, sediment and background sampling. The Multistate Trust began coordinating periodic public meetings to provide progress updates.
2017
The Multistate Trust completed the remaining SRI field work, including off-site soil sampling. The Trust prepared the Final Remedial Investigation (RI) report, the Human Health Risk Assessment, and the Baseline Ecological Risk Assessment Report. It demolished and removed structures from the former residential properties, and initiated the Redevelopment Planning Initiative to understand the community’s vision of reasonably anticipated future uses of the Multistate Trust Property.
2018
The Multistate Trust completed the Draft Feasibility Study Report; conducted and completed the Redevelopment Planning Initiative, which produced multiple Redevelopment Concepts endorsed by the community.
2019
The Multistate Trust completed the Final Remedial Investigation Report, the Human Health Risk Assessment (HHRA) and report, and the HHRA addendum. The Trust completed additional soil sampling for Operable Unit 1; initiated remedial technologies screening for the Pond and Process Areas; continued community engagement; conducted semiannual groundwater sampling; and advanced property conveyance activities.
2020
The Multistate Trust’s various field activities included: additional soil sampling in the Operable Unit 1 (OU1) and OU2 areas; soil invertebrate sampling in OU2 (in part of the former wood storage areas); sediment and water sampling and thermal imaging in the Southern Marsh (OU3); semiannual groundwater monitoring; and abandonment of six monitoring wells and replacement of one.
2021
In April 2021, EPA issued the Record of Decision for the 20.2-acre OU1, documenting that the selected remedy for OU1 is no action. In September 2021, OU1 was deleted from the National Priorities List. The Multistate Trust continued its field activities and investigations, including additional sampling in OU2 and preparing feasibility studies in OU2 and the Southern Marsh (OU3).
2022
The Multistate Trust finalized the OU2 feasibility study. After preparing the OU2 Proposed Plan, EPA issued the OU2 Record of Decision, which involves remedial work that will begin in 2023. In 2022, the Multistate Trust is also collecting samples and data in the Southern Marsh to better understand contamination risks.
Funds Earmarked for Navassa Site
Installation of a sonic rig boring, May 2018
Remediation funds were provided by the companies responsible for site contamination—not by the U.S. government nor by tax dollars. Funding came from the Tronox bankruptcy settlement, and has included the proceeds from a settlement of fraud claims against Kerr-McGee and related subsidiaries of Anadarko Petroleum Corporation.
In 2011, when the Multistate Trust was created, initial funding was provided to maintain basic site activities.
In 2015, the receipt of significant additional funds from the Anadarko litigation allowed the Multistate Trust to begin proactively investigating and taking other actions at the site in Navassa.
Soil sampling was conducted at the site in Navassa in June 2019.
The Multistate Trust can use the Trust funds only for environmental actions, such as site investigations, studies, design and remediation actions, operations, maintenance and redevelopment planning.
Multistate Trust funds cannot be used for other purposes, including the actual redevelopment of the site, or compensating people for health effects or property damage associated with the site, or restoring natural resources damaged by contamination.
Visit the Multistate Trust website.
Navassa Trustee Council
The Navassa Trustee Council consists of representatives of the U.S. Fish & Wildlife Service (FWS), the National Oceanic and Atmospheric Administration (NOAA), and NCDEQ.
Sturgeon Creek, October 2018
The Trustees are responsible for restoration of natural resources damaged by site contamination. The Trustees received funds from the Tronox bankruptcy settlement to be used for projects aimed at restoring natural resources and habitat for fish, birds, and other wildlife in the Navassa region that were injured by creosote-based contaminants from the site.
In 2020, the Trustees finalized and released a Final Phase I restoration plan that outlined 10 selected projects, estimated at $12.3 million.
For more information, visit the NOAA webpage about the Navassa site and NOAA’s Natural Resource Damage Assessment (NRDA) Administrative Record webpage.
The Tronox Tort Claims Trust
The Tronox Tort Trust is not part of the investigation, remediation, and redevelopment planning of the site in Navassa.
As part of the global Tronox bankruptcy settlement, the Multistate Environmental Response Trust (the Multistate Trust) was created to perform investigations, remediation, and redevelopment planning at the site in Navassa and at other former Kerr-McGee sites.
A separate Trust – the Tronox Tort Claims Trust – was established to pay personal injury (medical or health) or property damage claims related to Kerr-McGee contaminants.
Visit the Tronox Tort Claims Trust website or contact the Tronox Trust by email at tronoxtorttrust@epiqglobal.com or by phone at (800) 753-2480.
The Multistate Trust, EPA, and NCDEQ have no involvement in the Tronox Tort Claims Trust.