3/7/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING PENALTY OF $50,300.
ON JUNE 2, 2010, EPA R4 CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY PURSUANT TO TSCA SEC 11(a). DURING THE INSPECTION, THE AUTHORIZED AGENT REQUESTED RECORDS PERTAINING TO THE MANUFACTUR OF PRODUCTS BY THE RESPONDENT. THE RECORDS WERE PROVIDED.
BASED ON A REVIEW OF THE RECORDS, IT WAS DETERMINED THAT BETWEEN JAN 2, 2008 AND APR 16, 2010, RESPONDENT MANUFACTURED 20 BATCHES OF MILLATHANE 76 FOR COMMERCIAL PURPOSE.
BASED ON A REVIEW OF THE RECORDS THAT WERE OBTAINED BY EPA REGION 4, IT WAS DETERMINED THAT BETWEEN AUG 4, 2008, AND FEB 23, 2010, RESPONDENT MANUFACTURED 3 BATCHES OF MILLATHANE HT FOR COMMERCIAL PURPOSE.
PURSUANT TO EPA'S CERTIFIED STATEMENT (ER-11-5001), THE CHEMICAL SUBSTANCES WERE NOT LISTED CHEMICAL SUBSTANCES ON THE TSCA INVENTORY AT THE TIME THEY WERE MANUFACTURED BY RESPONDENT.
PURSUANT TO 40 CFR 720.25(a), A CHEMICAL SUBSTANCE THAT IS NOT LISTED ON THE TSCA INVENTORY IS CLASSIFIED AS A NEW CHEMICAL SUBSTANCE.
MILLATHANE 76 AND MILLITHANE HT WERE NEW CHEMICAL SUBSTANCES AT THE TIME THEY WERE MANUFACTURED BY THE RESPONDENT.
PURSUANT TO 40 CFR 720.22, ANY PERSON WHO INTENDS TO MANUFACTURE A NEW CHEMICAL SUBSTANCE IN THE U.S. FOR COMMERCIAL PURPOSES MUST SUBMIT A NOTICE UNLESS THE SUBSTANCE IS EXCLUDED UNDER 720.30 (CHEMICALS NOT SUBJECT TO THE NOTIFICATION REQUIRMENTS).
PURSUANT TO 40 CFR 720.30 CERTAIN CHEMICALS SUBSTANCES ARE EXEMPT FROM FULL PREMANUFACTU