Clean up settlement reached on hazardous waste site near Arkansas River in Fort Smith

A Fort Smith company has agreed to a plan with the U.S. Environmental Protection Agency (EPA) to remove over five million pounds of hazardous waste stored at a site near the Arkansas River, according to the EPA Region 6.

The EPA reached a settlement with US Technology Corporation regarding alleged hazardous waste violations at the UST site in Fort Smith, a news release said. The settlement alleges several companies generated hazardous waste that was proposed for recycling but was instead stored by the owner and operator of UST without a Resource Conservation and Recovery Act permit. The material in question was stored at a site at 6500 Grand Ave. from 2010-2016, said Morgan Acuff, communications and media specialist with Arkansas Department of Energy and Environment’s Division of Environmental Quality (ADEQ).

The 10 respondents to the case are cooperating with EPA to remove the hazardous waste from the UST site,  is less than half a mile from a residential area and next to the flood-prone Arkansas River. Because of this, it is important to remove the waste as quickly as possible following the finalization of the settlement to protect area residents and the environment, the news release said.

“Today’s settlement reflects EPA’s commitment to protect human health and the environment by ensuring compliance with state and federal environmental laws,” said Acting Regional Administrator David Gray. “Through this settlement, EPA demonstrates that it will hold companies responsible for failing to take necessary steps to dispose of hazardous waste properly and prevent contamination near vulnerable communities.”

An April 2028 EPA’s investigation of the UST facility found a warehouse containing an estimated 10,000 drums and 1,200 super sacks of waste containing a blend of spent, blast, and related material that when recycled is used to make concrete products known as SBM, totaling about 6,854,400 pounds of material. Samples from that waste contained hazardous waste of lead, chromium, and cadmium, making it subject to hazardous waste regulations under RCRA, which require a generator of hazardous waste to be responsible for the waste from “cradle to grave,” including ensuring the waste is legally recycled or disposed, the news release said.

The EPA said it worked with the Arkansas Department of Energy and Environment’s Division of Environmental Quality (ADEQ) throughout the settlement process.

“While dozens of companies’ hazardous waste was stored improperly at the UST facility, the 10 Respondents agreed to work with EPA to remove quantities of waste, beyond their allocated amounts, to prevent potential environmental impacts,” the news release said.

Those respondents are National Oilwell Varco L.P.; VSE Corporation; American Airlines, Inc.; Solar Turbines Incorporated; Goodrich Corporation; AAR Landing Gear Corporation; AV Task, Inc.; Varec Biogas, Inc.; Honeywell International, Inc.; and Kansas Dry Stripping, Inc.

The companies will remove the majority of the waste, including waste that had been generated by companies that EPA could not locate or are currently out of business. The settlement addresses removal of almost 80% of the waste in a “timely manner.” The EPA will continue to work with any other RCRA generators to remove the remaining drums, the release said. Because the super sack containers have begun degrading, those have been prioritized for removal. The aim is to remove about 80% of the material by Sept.  30, said Jennah Durant, EPA Region 6 spokesperson.

ADEQ’s staff conducted a site visit and documented the current state of the warehouse, the material, the surrounding perimeter of the warehouse, and the enclosure of the property by a secured gate to establish a baseline of the site’s conditions prior to the start of cleanup activities July 16.