EPA v. FDP VIRGINIA, INC. (DESHA ROAD SITE)

Case summary

On June 22, 2026, EPA notified FDP Virginia, Inc. that an administrative settlement for recovery of response costs under CERCLA was effective. EPA published a notice of the proposed settlement in the Federal Register on May 13, 2026, and members of the public had an opportunity to comment on the settlement for 30 days, which ended on June 15, 2026. EPA received no comments from the public disclosing facts or considerations that indicate the proposed settlement is inappropriate, improper, or inadequate. Under the settlement agreement, FDP Virginia will pay EPA $96,000.00 to settle the government?s claim for unreimbursed response costs, which were incurred for a 2021 emergency removal action and other authorized response activities related to the Site. FDP Virginia will pay the settlement amount in three equal installments of $32,000. The first installment will be due 60 days after the Effective Date (i.e., on August 21, 2026). The second installment will be due on the sixth-month anniversary of the Effective Date (December 22, 2026); and the third installment will be due on the one-year anniversary of the Effective Date (June 22, 2027). In 2022, FDP Virginia entered into an administrative settlement agreement with EPA and agreed to perform a removal action at the Site to address the release of hazardous substances caused by the illegal disposal of hazardous substances by an employee of FDP Virginia. In a separate criminal proceeding, this employee pled guilty and was sentenced to probation and required to pay a fine. FDP Virginia successfully completed the removal action in 2023.

Defendants (1)

• FDP VIRGINIA, INC.Named in settlement

Facilities (1)

• DESHA ROAD SITE

  3166 DESHA ROAD, TAPPAHANNOCK, VA, 22560

  Registry ID: 110071234957

Statutes cited

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

Enforcement conclusions (1)

• FDP VIRGINIA, INC. (DESHA ROAD SITE)entered 2026-06-22

  Primary law: CERCLA

Timeline (2 milestones)

• 2026-06-22Final Order Issued
• 2026-06-24Enforcement Action Data Entered