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04-2009-2038Administrative - FormalClosedFY 2009· Region 04

EPA v. EASTMAN CHEMICAL COMPANY

Final Order With Penalty

Case summary

9/3/2009 - CONSENT AGREEMENT AND FINAL ORDER ISSUED. CERCLA VIOLATION PENALTY ASSESSED OF $1,310 AND EPCRA VIOLATION PENALTY ASSESSED OF $2,621,TOTAL PENALTY IS $3,931. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: ON SEPTEMBER 29, 2008, RESPONDENT HAD A RELEASE OF M-XYLENE ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF M-XYLENE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF M-XYLENE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

  • EASTMAN CHEMICALCOMPANYNamed in complaintNamed in settlement

Facilities (30)

  • TN EASTMAN CO KINGSPORT

    100 NORTH EASTMAN ROAD, KINGSPORT, TN, 37662

    Registry ID: 110000574423

  • TN EASTMAN CO KINGSPORT

    100 NORTH EASTMAN ROAD, KINGSPORT, TN, 37662

    Registry ID: 110000574423

  • TN EASTMAN CO KINGSPORT

    100 NORTH EASTMAN ROAD, KINGSPORT, TN, 37662

    Registry ID: 110000574423

  • TN EASTMAN CO KINGSPORT

    100 NORTH EASTMAN ROAD, KINGSPORT, TN, 37662

    Registry ID: 110000574423

  • TN EASTMAN CO KINGSPORT

    100 NORTH EASTMAN ROAD, KINGSPORT, TN, 37662

    Registry ID: 110000574423

  • TN EASTMAN CO KINGSPORT

    100 NORTH EASTMAN ROAD, KINGSPORT, TN, 37662

    Registry ID: 110000574423

  • TN EASTMAN CO KINGSPORT

    100 NORTH EASTMAN ROAD, KINGSPORT, TN, 37662

    Registry ID: 110000574423

  • TN EASTMAN CO KINGSPORT

    100 NORTH EASTMAN ROAD, KINGSPORT, TN, 37662

    Registry ID: 110000574423

  • TN EASTMAN CO KINGSPORT

    100 NORTH EASTMAN ROAD, KINGSPORT, TN, 37662

    Registry ID: 110000574423

  • TN EASTMAN CO KINGSPORT

    100 NORTH EASTMAN ROAD, KINGSPORT, TN, 37662

    Registry ID: 110000574423

  • TN EASTMAN CO KINGSPORT

    100 NORTH EASTMAN ROAD, KINGSPORT, TN, 37662

    Registry ID: 110000574423

  • TN EASTMAN CO KINGSPORT

    100 NORTH EASTMAN ROAD, KINGSPORT, TN, 37662

    Registry ID: 110000574423

  • TN EASTMAN CO KINGSPORT

    100 NORTH EASTMAN ROAD, KINGSPORT, TN, 37662

    Registry ID: 110000574423

  • TN EASTMAN CO KINGSPORT

    100 NORTH EASTMAN ROAD, KINGSPORT, TN, 37662

    Registry ID: 110000574423

  • TN EASTMAN CO KINGSPORT

    100 NORTH EASTMAN ROAD, KINGSPORT, TN, 37662

    Registry ID: 110000574423

  • …and 15 more

Statutes cited

  • EPCRA 304Emergency Release Notification Section 313 Program
  • CERCLA 103ANotification of Hazardous Reportable Quantity Release

Enforcement conclusions (1)

  • EASTMAN CHEMICAL COMPANYentered 2009-09-03

    Primary law: CERCLA

    Federal penalty: $3,931 · SEP: $14,743

Timeline (4 milestones)

  • 2009-09-03Final Order Issued
  • 2009-09-03Complaint Filed/Proposed Order
  • 2009-09-04Enforcement Action Data Entered
  • 2009-09-25Enforcement Action Closed

Case metadata

EPA activity ID
1800019182
Case number
04-2009-2038
Lead agency
EPA
EPA region
04
Voluntary self-disclosure
No
Primary statute
Emergency Release Notification Section 313 Program

Sourced verbatim from EPA ECHO Enforcement Case Report for case 04-2009-2038 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.