EPA v. National Fuel Gas Distribution Corporation

Case summary

On January 12, 2021, EPA signed a streamlined administrative settlement agreement pursuant to Section 122(h) of CERCLA for recovery of past response costs incurred at the 21st Street Asbestos site, located in Niagara Falls, Niagara County, New York. Under the agreement, the Respondent will pay 100% of EPA?s costs plus interest. In 2018, the Respondent disturbed friable asbestos-containing material (ACM) during a utility excavation and left the excavation open with only a temporary cover. Respondent also transported some of the friable ACM to its facility for temporary storage. EPA finished the ACM removal and oversaw the proper disposal of the transported ACM.

Defendants (1)

• National Fuel Gas Distribution CorporationNamed in settlement

Facilities (1)

• 21ST STREET ASBESTOS

  2101 NORTH AVENUE, NIAGARA FALLS, NY, 14305-3069

  Registry ID: 110070516780

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 122H — Administrative Cost Recovery Settlement

Enforcement conclusions (1)

• National Fuel Gas Distribution Corporationentered 2021-01-12

  Primary law: CERCLA

Timeline (3 milestones)

• 2021-01-12Final Order Issued
• 2021-01-12Enforcement Action Closed
• 2021-01-15Enforcement Action Data Entered