EPA v. FIRESTONE TEXTILE AND FIBERS

Case summary

5/25/2010 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $4,316 ($1,439 CERCLA VIOLATION AND $2,877 EPCRA VIOLATION). RESPONDENT ALSO AGREES TO COMPLETE A SEP. ORDER ALLEGES: ON SEPTEMBER 30, 2009, RESPONDENT HAD A RELEASE OF AQUEOUS AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA BY FAILING TO PROVIDE WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) WHEN THERE HAD BEEN A RELEASE OF AQUEOUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. ON SEPTEMBER 30, 2009, RESPONDENT HAD A RELEASE OF AQUEOUS AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA BY FAILING TO NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AQUEOUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. ON SEPTEMBER 30, 2009, RESPONDENT HAD RELEASE OF AQUEOUS AMMONIA ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFCATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF AQUEOUS AMMONIA IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• FIRESTONE TEXTILE AND FIBERSNamed in complaintNamed in settlement

Facilities (2)

• FIRESTONE FIBERS & TEXTILES

  1101 W. 2ND AVE., GASTONIA, NC, 280523789

  Registry ID: 110000348204

• FIRESTONE FIBERS & TEXTILES

  1101 W. 2ND AVE., GASTONIA, NC, 280523789

  Registry ID: 110000348204

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 311 — Material Safety Data Sheets (MSDS)

Enforcement conclusions (1)

• FIRESTONE TEXTILE AND FIBERSentered 2010-05-25

  Primary law: EPCRA

  Federal penalty: $4,316 · SEP: $16,184

Timeline (4 milestones)

• 2010-05-25Final Order Issued
• 2010-05-25Complaint Filed/Proposed Order
• 2010-06-02Enforcement Action Data Entered
• 2010-07-07Enforcement Action Closed