6/20/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $20,485, DUE WITHIN 30 DAYS.
ALLEGATIONS:
RESPONDENT OPERATES A CHEMICAL IMPORTING AND MANUFACTURING BUSINESS. RESPONDENT IS A MANUFACTURER AND AN IMPORTER AS THOSE TERMS ARE DEFINED IN 40 CFR 710.3 AND 711.3. ON APR 26, 2016, RESPONDENT SUBMITTED CERTAIN RECORDS TO EPA REGARDING RESPONDENT'S COMPLIANCE WITH TSCA, INCLUDING MANUFACTURING, IMPORT, AND EXPORT RECORDS.
FAILURE TO SUBMIT CHEMICAL DATA REPORTING INFO FOR 2011: UPON REVIEW OF RESPONDENT'S 2011 PRODUCTION RECORDS, EPA DETERMINED THAT THE RESPONDNET HAD IMPORTED A REPORTABLE QUANTITY (>25,000 POUNDS) OF SULPHURIC ACID FOR COMMERCIAL PURPOSES. SULPHURIC ACID WAS LISTED ON THE TSCA MASTER INVENTORY FILE AT THE BEGINNING OF THE CDR PERIOD (FEB 1, 2012 THRU AUG 13,2012) REFERENCED AT 40 CFR 711.20.
PURSUANT TO 40 CFR 711.15, RESPONDENT WAS REQUIRED TO SUBMIT TO EPA A CDR REPORT FOR THE REPORTABLE CHEMICAL SUBSTANCES THAT WERE MANUFACTURED (INCLUDING IMPORTED0 FOR COMMERCIAL PURPOSES IN QUANTITIES >25,000 POUNDS IN CALENDAR YEAR 2011 BY NO LATER THAN THE END OF THE REPORTING PERIOD, AUG 13, 2012. THE CHEMICAL SUBSTANCE REFERENCED ABOVE WAS SUBJECT TO THE 2012 CDR.
RESPONDENT DID NOT REPORT CDR INFO FOR 2011 DURING THE SUBMISSION PERIOD (FEB 1, 2012, THRU AUG 13, 2012).. RESPODNENT FAILED TO COMPLY WITH 40 CFR 711.15.