On April 14, 2009, pursuant to the United States Environmental Protection AgencyÂs (the EPAÂs) policy entitled ÂIncentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations, 65 Fed. Reg. 19,618 (Audit Policy), the EPA and INVISTA S.à r.l. (INVISTA) entered into an Audit Agreement. The Audit Agreement required INVISTA to conduct third-party audits of compliance with the regulations promulgated or authorized by the EPA under the Toxic Substances Control Act (TSCA), 15 U.S.C. §§ 2601-2629.
INVISTA disclosed to the EPA potential TSCA violations that occurred at the 17 facilities subject to the Audit Agreement, disclosed violations included:
1. Failure to submit an application for exemption from testing as required by Section 4 of TSCA, 15 U.S.C. § 2603, and 40 C.F.R. Parts 790 and 799.
2. Failure to list chemical substances prior to manufacturing or importation on the TSCA Chemical Substance Inventory, as required by Section 5 of TSCA, 15 U.S.C. § 2604, and 40 C.F.R. Parts 720, 721, and 723.
3. Failure to provide information to EPA, as required by Section 8 of TSCA, 15 U.S.C. § 2607 and 40 C.F.R. Parts 710, 712, 716 and 717.
4. Failure to provide notice of a chemical substance which may provide a substantial risk of injury to health or the environment, as required by Section 8 of TSCA, 15 U.S.C. § 2607 and guidance issued January 12, 2005 (68 FR 33,129).
5. Failure to meet import certification requirements, as requir