EPA v. EASTMAN CHEMICAL

Case summary

On July 24, 2023, a federal district court entered a consent decree (CD) settling claims by EPA and co-plaintiff PADEP against Eastman Chemical Resins, Inc. The CD addresses violations of several statutes at Eastman's former chemical resins manufacturing facility in West Elizabeth, Alleghany County, PA. The violations related to CAA Section 112(r)'s Risk Management Provisions (RMP); RCRA; the facility's PaDEP-issued NPDES permit; CWA Section 311(j)(1)(c) Spill Prevention, Control and Countermeasures (SPCC); CWA Section 311(j)(5)'s Facility Response Plan (FRP) provisions; unpermitted discharges in violation of CWA Section 301; and violations of parallel state law.  Additionally, the current facility owner and operator, Synthomer Jefferson Hills, LLC (Synthomer), is a CD signatory and is responsible for implementing the required injunctive relief.    The CD requires Eastman to pay a $2,438,728 penalty for past violations, which will be evenly split between the United States and PADEP. Synthomer is required to take certain actions to address ongoing violations and prevent future violations. The facility was not identified to be in a potential EJ area of concern. CWA discharges and RCRA violations settled by the CD have the possibility to degrade receiving streams, harm drinking water quality and harm aquatic life. Actions to reduce or eliminate future discharges and violations will protect the receiving waters by reducing impacts from discharges not in compliance with the CWA and RCRA.

Defendants (3)

• EASTMAN CHEMICAL COMPANYNamed in complaint
• EASTMAN CHEMICAL RESINS, INC.Named in complaintNamed in settlement
• Synthomer Jefferson Hills LLCNamed in complaintNamed in settlement

Facilities (3)

• EASTMAN CHEMICAL COMPANY

  2200 STATE HWY 837, WEST ELIZABETH, PA, 15088

  Registry ID: 110000583057

• EASTMAN CHEMICAL RESINS, INC.

  2200 STATE ROUTE 837, JEFFERSON HILLS, PA, 15025

  Registry ID: 110000583057

• JEFFERSON PLT

  2200 ST RTE 837, JEFFERSON HILLS, PA, 15025

  Registry ID: 110000583057

Statutes cited

• CWA 311B — Oil & Hazardous Substances Discharge
• CWA 311J — SPCC and/or Federal Response Plan Violations
• CWA 404 — Permits for Dredge and Fill Material
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3008A — Compliance Order: Injunctive & Penalty
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• EASTMAN CHEMICALentered 2023-07-28

  Primary law: CWA

  Federal penalty: $1,211,864 · State/local: $1,211,864

Timeline (5 milestones)

• 2019-09-30Referred To Dept Of Justice
• 2019-10-01Enforcement Action Data Entered
• 2023-05-24Complaint Filed With Court
• 2023-05-24Final Order Lodged
• 2023-07-28Final Order Entered