EPA v. DYSTAR L.P.

Case summary

12/8/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $61,875 (CERCLA VIOLATION - $20,625 AND EPCRA VIOLATION - $41,250). RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: VIOLATION OF 103(a) OF CERCLA ON JUNE 17, 2015, A RELEASE OF FORMALDEHYDE ABOVE THE RQ OCCURRED 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 FORMALDEHYDE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATION OF SECTION 304(a) ON JUNE 17, 2015, A RELEASE OF FORMALDEHYDE ABOVE THE RQ OCCURRED AT THE FACILITY. EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. 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 FORMALDEHYDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. ON JUNE 17, 2015, A RELEASE OF FORMALDEHYDE ABOVE THE RQ OCCURRED AT THE FACILITY. EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(c) OF EPCRA, BY FAILING TO PROVIDE A WRITTEN FOLLOW-UP EMERGENCY NOTICE TO THE LEPC WHEN THERE HAD BEEN A RELEASE OF FORMALDEHYDE IN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT THE FACILITY.

Defendants (1)

• DYSTAR L.P.Named in complaintNamed in settlement

Facilities (1)

• DYSTAR LP

  209 WATLINGTON INDUSTRIAL DRIVE, REIDSVILLE, NC, 27320-8147

  Registry ID: 110009856165

Statutes cited

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

Enforcement conclusions (1)

• DYSTAR L.P.entered 2016-12-08

  Primary law: EPCRA

  Federal penalty: $61,875

Timeline (4 milestones)

• 2016-12-08Final Order Issued
• 2016-12-08Complaint Filed/Proposed Order
• 2016-12-14Enforcement Action Data Entered
• 2017-02-09Enforcement Action Closed