BFPPA Reached Between EPA and Seven Seas Terminals, LLC, for Mississippi Phosphates Corp. Superfund Site in Pascagoula, Mississippi
On September 26, 2023, the U.S. Environmental Protection Agency (EPA) released a fully executed administrative settlement agreement for removal action by bona fide prospective purchaser (BFPPA Removal) for the Mississippi Phosphates Corp. Superfund site in Pascagoula, Mississippi. Mississippi Phosphates filed for bankruptcy in 2014 and settled with EPA, among other claimants, in July 2015. In January 2018, EPA formally added the site to the Superfund National Priorities List (NPL) and proposed a cleanup plan for portions of the site. In April 2018, the EPA administrator signed an action memorandum for $107.6 million to accelerate the cleanup of the waste gypsum stacks at the site.
Pascagoula is located in Jackson County and is home to multiple chemical and industrial facilities. Significant parts of it are considered to have environmental justice (EJ) concerns. Cleanup, redevelopment, and re-use of the property will benefit the surrounding community by creating jobs and increasing the tax base for Pascagoula and Jackson County.
On this page:
- Information about Seven Seas Terminals, LLC
- Information about the Mississippi Phosphates Superfund Site
- Overview of the Bona Fide Prospective Purchaser Agreement
- Contact Information
Information on the Seven Seas Terminals, LLC
The purchaser is Seven Seas Terminals, LLC, which was formed specifically to acquire and develop this property. Planned uses of the property include a dry bulk terminal and storage and a tank terminal operation, resulting in the reuse of a significant deepwater port.
Information on the Mississippi Phosphates Superfund Site
The site includes an approximately 106-acre former manufacturing plant area with associated production buildings, two large gypsum stacks, associated ponds, ditches, and other stormwater management features. At the site, Mississippi Phosphates Corporation (Mississippi Phosphates), produced diammonium phosphate (DAP) fertilizer from the 1950s until 2014, resulting in gypsum waste mounds and other significant contamination throughout the property. Sampling at the property revealed the widespread presence of arsenic and cadmium, both of which are hazardous substances, at levels exceeding EPA standards. Sampling at the property, in November 2021, also revealed two locations where radioactive materials (a byproduct of DAP production) in the form of Ra226 was discovered above actionable levels. More information can be found on the Superfund site’s profile web page.
Overview of the Bona Fide Prospective Purchaser Agreement
Pursuant to the BFPPA, the purchaser shall perform all actions necessary to implement, maintain, and monitor the effectiveness of the removal action, including demolition of the specified sulfuric acid plants, demolition and/or re-use of the phosphoric acid plant, DAP plant, and two bulk storage warehouses. Additionally, the purchaser will install an impermeable cap as a containment control for that portion of the property, and consider the effects of climate change, including storm surge, flooding and winds associated with hurricanes and tropical storms, in the design and construction of the cap.
Contact Information
For more information contact:
Phil Page
Senior Attorney-Advisor
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
(202) 564-4211
[email protected]