3/8/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $102,711.60. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON MAY 13, 2008, AN AUTHORIZED AGENT OF THE EPA REGION 4 CONDUCTED AN INSPECTION AT RESPONDENT'S PLACE OF BUSINESS PURSUANT TO SECTION 11(a) OF TSCA, 15 U.S.C SECTION 2610(a).
RESPONDENT'S PRODUCTION RECORDS REVEALED THAT REPORTABLE QUANTITIES OF THE FOLLOWING CHEMCAL SUBSTANCES WERE PRODUCED IN 2005 HEREINAFTER REFERRED TO AS CHEMICAL E; AND [CBI DELETED] HEREINAFTER REFERRED TO AS CHEMICAL F.
PURSUANT TO 40 C.F.R. SECTION 710.45, CHEMICALS E AND F ARE SUBSTANCES FOR WHICH INFORMATION MUST BE REPORTED.
RESPONDENT FAILED TO INCLUDE CHEMICALS E AND F ON THE INITIAL 2006 IUR.
RESPONDENT VIOLATED 40 C.F.R. SECTION 710.52(c)(3)BY FAILING TO PROVIDE SPECIFIC CHEMICAL INFORMATION FOR CHEMICALS E AND F ON THE 2006 IUR.
AMONG OTHERS, THE FOLLOWING CHEMICAL SUBSTANCES WERE INCLUDED IN THE 2006 IUR: CHEMICALS I, J, K, L, M, N, O, P, Q, R, S.
THE 2006 IUR, PRODUCTION VOLUME REPORTED FOR CHEMICALS I THROUGH S WAS NOT WITHIN TEN PERCENT OF THE ACTUAL AMOUNT THAT RESPONDENT MANUFACTURED IN 2005.
RESPONDENT'S 2006 IUR UNDER-REPORTED PRODUCTION VOLUMES FOR CHEMICALS I THROUGH S.
RESPONDENT VIOLATED 40 C.F.R. SECTION 710.52(c)(3)(iv) BY REPORTING PRODUCTION VOLUMES THAT WERE NOT WITHIN TEN PERCENT OF THE ACTUAL AMOUNTS THAT WERE MANUFACTURED.