9/17/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $52,000 DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO.
ALLEGED VIOLATIONS:
ON JUNE 6, 2023, AN INSPECTOR WITH THE EPA?S REGION 4 TSCA OFFICE CONTACTED RESPONDENT ANDNOTIFIED RESPONDENT THAT THE EPA WOULD BE CONDUCTING A TSCA INSPECTION OF RESPONDENT?S FACILITYON JULY 13, 2023, TO DETERMINE ITS COMPLIANCE WITH TSCA. ON JUNE 28, 2023, THE EPA SENT RESPONDENT A NOTICE OF INSPECTION (NOI) CONFIRMING THAT THAT THE INSPECTION WOULD BE CONDUCTED ON JULY 13, 2023, PURSUANT TO SECTION 11(A) OF TSCA, 15 U.S.C. ? 2610(A). THE NOI ALSO REQUESTED RESPONDENT TO SUBMIT CERTAIN RECORDS PRIOR TO THE INSPECTION PERTAINING TO ITS IMPORT AND/OR MANUFACTURE OF CHEMICALS DURING THE YEARS 2016-2019. PURSUANT TO THE REQUEST IN THE NOI, ON JULY 11, 2023, RESPONDENT SUBMITTED CERTAIN RECORDS TO THEEPA PERTAINING TO ITS IMPORT AND/OR MANUFACTURE OF CHEMICALS DURING THE YEARS 2016-2019. ON JULY 13, 2023, AN AUTHORIZED EPA INSPECTOR CONDUCTED THE INSPECTION OF RESPONDENT?S FACILITY.
BASED ON THE EPA?S REVIEW OF RESPONDENT?S RECORDS PROVIDED TO THE EPA, THE EPAALLEGES THAT RESPONDENT FAILED TO COMPLY WITH TSCA SECTION 8 AND ITS IMPLEMENTING REGULATIONS AT40 C.F.R. ? 711.15, BY FAILING TO SUBMIT A 2020 CDR REPORT FOR CHEMICALS A, B, AND C IDENTIFIEDABOVE DURING THE 2020 CDR SUBMISSION PERIOD. FAILURE TO COMPLY WITH TSCA SECTION 8 AND ITSIMPLEMENTING REGULATIONS CONSTITUTES A VIOLATION OF TSCA SECTION 15, 15 U.S.