The polluted J.H. Baxter site has a Superfund designation. What does that mean?

There’s a new Superfund site in town.

Wait — what does that actually mean? It’s fair to wonder, because the national Superfund program is among the most complex environmental laws in the United States. But it’s important to understand, because now Eugene has a site: the mothballed J.H. Baxter & Co. wood-products plant.

While J.H. Baxter is a longtime polluter in west Eugene, the extent of its pollution has only come to light in recent years. Here are answers to some of the most commonly asked questions about the site’s Superfund designation.

What is a Superfund site? 

A Superfund site is contaminated property, often polluted with chemicals that are dangerous to humans. The Environmental Protection Agency manages these sites in its National Priorities List, which was created under the Comprehensive Environmental Response, Compensation, and Liability Act — often referred to as the Superfund law. This list is the basis for federal funding to support long-term clean up, in many cases when the responsible parties can’t pay. 

What is J.H. Baxter? 

J.H. Baxter is a business that offered timber services across Washington, Oregon and California for more than a century. In Eugene, the company ran a facility at 3494 Roosevelt Blvd. that treated wood products — such as utility poles — to resist termites, fungi and more. The facility started operating in 1943, using pesticides in its process. It closed in 2022.

How bad is the pollution? 

When J.H. Baxter stopped its operations in 2022, the company nearly abandoned the facility, which still had pipes, tanks and containers full of treatment mixes for wood. 

The chemicals don’t break down easily, because they were designed to resist decay. 

Notably, the treatment mixes include chemicals such as tar-like creosote and waxy pentachlorophenol, both of which pose cancer risks to workers. They were applied in high-pressure cylinders to preserve wood in a process that produced toxic byproducts, such as dioxins. Exposure to dioxins is linked to cancer, reproductive harm and damage to the immune system.

Also present: arsenic, copper and zinc — natural elements that can become toxic in concentrated amounts. 

At J.H. Baxter’s Eugene site, nearly eight decades of pollution have left pockets of contamination underground — almost like subterranean puddles. These pollutants can shift over time, especially during heavy rain. Earlier this year, for example, months of wet weather raised the level of contaminated groundwater at the site.

Further, an EPA investigation found company workers had knowingly mishandled waste. They opened vents on treatment cylinders, boiling off 1.7 million gallons of contaminated water and letting toxic steam escape into the air like a vented crock pot. 

Did the contamination get into the neighborhood?

Soil sampling by the Oregon Department of Environmental Quality and the EPA found elevated levels of arsenic and dioxins on J.H. Baxter’s property and in nearby yards. More than 60 homes were tested across a box-shaped area bordered by Elmira Road, Archie Street, Alva Park and Roosevelt Boulevard.

Emissions from the facility may have carried contamination into the surrounding neighborhood, though DEQ and EPA have not been able to confirm the exact cause.

What are the health implications? 

People in the community have been open about how J.H. Baxter’s pollution has affected their lives. Since the early 2000s, residents and teachers in west Eugene have raised concerns to the nonprofit organization Beyond Toxics about pollution’s impact on children’s health.

A parent-turned-advocate told Lookout Eugene-Springfield about her child’s Hodgkin’s lymphoma diagnosis after living near the J.H. Baxter site. Others have voiced broader concerns about environmental inequities that have left their community with poorer air quality than other parts of the city. 

The Oregon Health Authority conducted limited cancer investigations, but officials said the available emissions data were insufficient to establish a causal link.

Wasn’t anyone watching? 

The Lane Regional Air Protection Agency, Oregon Department of Environmental Quality and the city of Eugene shared oversight of J.H. Baxter’s air emissions, hazardous waste in water and soil, and wastewater, respectively.

Agencies and elected officials have repeatedly labeled J.H. Baxter a “bad actor.” But only in recent years did soil sampling and discoveries of illegal activity at the facility prompt stronger government action, including the proposed — and now formal — Superfund designation.

In recent City Council work sessions, local leaders have criticized ineffective enforcement and called for better collaboration between municipal and state agencies. 

Where is Baxter leadership in the cleanup? 

So far the EPA has spent $11 million on cleanup, while DEQ has contributed another $2.9 million. J.H. Baxter owes the state over $375,000 in civil penalties and interest from its 2022 settlement. 

On April 22, a federal judge ordered the company to pay $1.5 million in fines and sentenced its president, Georgia Baxter-Krause, to 90 days in prison for violating the Clean Air Act. She’s since delayed the starting date to begin serving the sentence. 

What’s been cleaned up so far? 

Since August, an EPA short-term cleanup team has been working to dismantle cylinders and tanks and remove the worst of the hazardous materials at the J.H. Baxter site. Crews have demolished structures and taken waste to an EPA-approved disposal facility. 

This short-term response has set the foundation for work under Superfund status. 

What does Superfund status bring to the Baxter cleanup?

Being designated a Superfund site unlocks federal resources for a full assessment of how far the contamination has spread, the risks it poses and what it will take to clean it up. Work is expected to begin in early fall, with details on the scope of the cleanup coming in the months ahead.

Does a Superfund designation last forever?

Just as sites are added to the National Priorities List, they’re generally removed once the EPA determines the contamination no longer threatens people or the environment. That can take years or even decades. Even if a site is removed from Superfund the list, it often will be monitored and maintained for years. 

For example, the McCormick & Baxter Superfund site in Portland is also a former creosote wood-treatment plant on the east bank of the Willamette River. The site was cleaned up in 2005 with soil removal, capping and groundwater barriers, though work continues today. 

What’s next? 

The EPA will host a public meeting to share next steps and explain how the community can stay involved. EPA and Oregon DEQ leaders will give opening remarks. The meeting is set for 6-8 p.m. July 16 at Cascade Middle School, 1525 Echo Hollow Road, Eugene.