8/18/2015 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $36,150. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON OR ABOUT APRIL 14, 2014, RESPONDENT SUBMITTED CERTAIN CHEMICAL IMPORT RECORDS TO THE EPA THAT REVEALED THAT RESPONDENT HAD IMPORTED THE FOLLOWING CHEMICAL SUBSTANCES IN QUANTITIES GREATER THAN 100,000 POUNDS: ALUMINUM POWDER (CHEMICAL ABSTRACT SERVICE (CAS) NUMBER 7429-90-5); AND MAGNESIUM (CAS NUMBER 7439-95-4).
THE CHEMICAL SUBSTANCES REFERENCED IN PARAGRAPH 15 WERE LISTED ON THE TSCA MASTER INVENTORY AT THE BEGINNING OF THE CDR PERIOD (FEBRUARY 1, 2012, THROUGH AUGUST 13, 2012) RFERENCED AT 40 CFR SECTION 711.20.
THE CHEMICAL SUBSTANCES REFERENCED IN WERE SUBJECT TO THE 2012 CDR.
THE EPA EPA e-CDRweb REPORTING SYSTEM DOES NOT CONTAIN ANY INFORMATION FROM RESPONDENT THAT INDICATES RESPONDENT SUBMITTED A 2012 CDR REPORT TO THE EPA FOR EITHER CHEMICAL SUBSTANCE.
BY NOT SUBMITTING A 2012 CDR REPORT TO THE EPA DURING THE SUBMISSION PERIOD FOR EACH REPORTABLE CHEMICAL SUBSTANCE, RESPONDENT FAILED TO COMPLY WITH 40 CFR SECTION 711.15.
PURSUANT TO 40 CFR SECTION 711.1(c), SECTION 15(3) OF TSCA MAKES IT UNLAWFUL FOR ANY PERSON TO FAIL OR REFUSE TO SUBMIT INFORMATION REQUIREMENT UNDER 40 CFR PART 711.