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Union Pacific Acquisition & Clean-Up Attempts
In 1997, Union Pacific Railroad Company merged with Southern Pacific Railroad Company in a $5.4 billion deal, forming one of the largest railroad networks in the United States. Union Pacific management acquired the Southern Pacific Railroad Company and assumed responsibility for the Fifth Ward rail yard site. Union Pacific acknowledged Southern Pacific’s use of an extender in the creosote treatment process, but it announced its use was discontinued upon discovering that the materials came from the three Superfund sites. Union Pacific took over environmental remediation at the site after the acquisition.

Union Pacific extracted samples of creosote from wells on the site and found a large creosote plume that sat under the nearby neighborhoods. Prior cleanup efforts involved drilling 40-foot deep wells throughout the site to remove creosote and contaminated soil, and installing barriers with soil and asphalt caps consisting of clay, concrete, and other materials to prevent contamination from spreading. Union Pacific also claimed to periodically test the toxicity of the groundwater, monitor the chemical plume, and extract the creosote through wells. In 2014, Union Pacific proposed a plan for remediation to the Texas Commission on Environmental Quality (TCEQ) as part of its application for a Hazardous Industrial Waste Permit renewal. They also requested several amendments to the permit, including the establishment of an environmental management zone that would use “monitored natural attenuation” for the contamination, intending to allow the creosote to degrade and evaporate without direct intervention. Additionally, they notified residents of the creosote pollution, as required by the state environmental permits. The TCEQ responded, finding this plan to be inadequate, and advised increased testing, monitoring, and extraction efforts. As of April 2024, the plan is still in discussion, as Union Pacific maintains that the creosote plume does not pose a health risk.