7/28/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF ZERO. ON JULY 20, 2006, AN AUTHORIZED AGENT OF EPA CONDUCTED AN INSPECTION AT RESPONDENT'S PLACE OF BUSINESS.
BEGINNING IN 1999, RESPONDENT MANUFACTURED A CHEMICAL (CBI DELETED), HEREINAFTER REFERRED TO AS CHEMICAL A, FOR EXPORT ONLY.
FOR A PERIOD OF TIME DURING 2001, RESPONDENT MANUFACTURED AND DISTRIBUTED CHEMICAL A FOR COMMERCIAL PURPOSES IN COMMERCE WITH THE U.S. AS WELL AS FOR EXPORT.
BETWEEN 2002 AND 2006, RESPONDENT MANUFACTURED CHEM A SOLELY FOR EXPORT. RESPONDENT DISCONTINUED THE MANUFACTURE OF CHEM A IN DEC 2006. ACCORDING TO EPA'S CERTIFIED STATEMENT DATED MAY 25, 2007, CHEM A WAS NOT LISTED ON THE TSCA MASTER INVENTORY FILE WHEN IT WAS MANUFACTURED BY RESPONDENT IN 2001 FOR DISTRIBUTION IN THE U.S.
IN A LETTER DATED OCT 31, 2007, RESPONDENT ASSERTED THAT CHEM A WAS PRODUCED INCIDENTALLY THRU A NEUTRALIZATION PROCESS, AND THEREFORE, IS EXEMPT FROM THE PREMANUFACTURE NOTICE (PMN) REPORTING REQUIREMENTS PURSUANT TO THE EXEMPTION FOUND IN 40 CFR 731.30(h)(7). RESPONDENT ALSO HAS ASSERTED THAT IT DID NOT SUBMIT A PMN TO THE EPA FOR CHEM A BECAUSE RESPONDENT BELIEVED THE PRODUCTION OF CHEM A WAS EXEMPTED FROM THE PMN REPORTING REQUIREMENT PURSUANT TO 40 CFR 721.30(h)(7).
COMPLAINANT HAS CONCLUDED THAT THE PRODUCTION OF CHEM A WAS NOT EXEMPT UNDER 40 CFR 720.30(h)(&), BECAUSE CHEM A: (1) WAS THE END PRODUCT OF MANUFACTURE THAT WAS INTENTIONALLY MARKETED AS SUCH TO RESPONDENT'S CUSTOMER