EPA v. THE CHEMOURS COMPANY FC, LLC

Case summary

6/8/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A TOTAL PENALTY OF $23,010 (CERCLA VIOLATION $11,505 AND EPCRA VIOLATION $11,505). RESPONDENT SHALL PAY PENALTY WITHIN THIRTY DAYS. ORDER ALLEGES: CERCLA 103(a) VIOLATION: ON SEPTEMBER 11, 2014, A RELEASE OF HYDROGEN CYANIDE ABOVE THE RQ OCCURRED AT THE FACILITY. THE EPA ALLEBES 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 HYDROGEN CYANIDE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ FROM THE FACILITY. EPCRA 304(a) VIOLATION: THE 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 HYDROGEN CYANIDE IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY.

Defendants (1)

• THE CHEMOURS COMPANY FC, LLCNamed in complaintNamed in settlement

Facilities (2)

• DUPONT MEMPHIS PLANT

  2571 FITE ROAD, MEMPHIS, TN, 38127-1940

  Registry ID: 110000374443

• DUPONT MEMPHIS PLANT

  2571 FITE ROAD, MEMPHIS, TN, 38127-1940

  Registry ID: 110000374443

Statutes cited

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

Enforcement conclusions (1)

• THE CHEMOURS COMPANY FC, LLCentered 2017-06-08

  Primary law: EPCRA

  Federal penalty: $23,010

Timeline (4 milestones)

• 2017-06-08Complaint Filed/Proposed Order
• 2017-06-08Final Order Issued
• 2017-06-12Enforcement Action Data Entered
• 2017-08-08Enforcement Action Closed