EPA v. FEDEX FREIGHT, INC.

Case summary

7/6/2015 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $73,125 (CERCLA VIOLATION: $24,375, EPCRA VIOLATIONS: $48,750). ORDER ALLEGES - CERCLA 103(a) OF VIOLATION: 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 HYDRAZINE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(a) OF EPCRA EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC GREATER THAN THE RQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(c) OF EPCRA RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA, BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE SERC AND THE LEPC WHEN THERE HAD BEEN AA RELEASE OF HYDRAZINE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• FEDEX FREIGHT, INC.Named in complaintNamed in settlement

Facilities (1)

• FEDEX FREIGHT INC

  2920 DAVEY ALLISON BLVD, BESSEMER, AL, 35023

  Registry ID: 110014338476

Statutes cited

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

Enforcement conclusions (1)

• FEDEX FREIGHT, INC.entered 2015-07-07

  Primary law: CERCLA

  Federal penalty: $73,125

Timeline (4 milestones)

• 2015-07-07Complaint Filed/Proposed Order
• 2015-07-07Final Order Issued
• 2015-07-13Enforcement Action Data Entered
• 2015-07-30Enforcement Action Closed