9/21/2020 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $16,555.00. PENALTY DUE WITHIN 30 DAYS.
ALLEGED VIOLATIONS:
ON APRIL 1, 2019, AN AUTHORIZED AGENT OF THE EPA REGION 4 CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY PURSUANT TO SECTION L L(A) OFTSCA, 15 U.S.C. ? 2610(A). BASED ON THE EPA' S INVESTIGATION INCLUDING A REVIEW OF THE RESPONDENT?S RECORDS OBTAINED DURING THE EPA?S INSPECTION, IT WAS DETERMINED THAT THE RESPONDENT FAILED TO:
A. SUBMIT EXPORT NOTIFICATIONS FOR THREE CHEMICALS - C.I. PIGMENT RED 104 (HEREINAFTER PIGMENT RED), A MATERIAL CONTAINING BISMUTH BROMIDE IODIDE OXIDE (HEREINAFTER CHEMICAL A), AND MATERIAL CONTAINING BUTANAMIDE, 2,2'-[(3,3'-DICHLORO[L,1'-BIPHENYL]-4,4'? DIYL)BIS(2,1-DIAZENEDIYL)]BIS[N-(4-METHOXYLPHENYL)-3-OXO- (HEREINAFTER REFERRED TO AS CHEMICAL B) WITHIN SEVEN DAYS OF FORMING AN INTENT TO EXPORT OR ON THE DATE OF EXPORTATION, WHICHEVER WAS EARLIER, IN VIOLATION OF 40 C.F.R. ? 707.65(A)(3) AND SECTION 15 OF TSCA, 15 U.S.C. ? 2614.
B. FOR PURPOSES OF SETTLEMENT OF THIS MATTER, THE PARTIES AGREE THAT THE ASSESSED PENALTY WILL BE FOR THE FAILURE TO SUBMIT EXPORT NOTIFICATIONS FOR PIGMENT RED AND CHEMICAL A, BUT NOT FOR CHEMICAL B.