JANUARY 21, 2025 - CONSENT AGREEMENT
Respondent's Facility processed lithium carbonate in excess of the 25,000 pound threshold quantity for the chemical established under Section 313(f) of EPCRA, 42 U.S.C. ? 11023(f), and 40 C.F.R. ? 372.25, during calendar year 2022.
Respondent failed to submit a Form R for lithium carbonate to EPA and to the State of Georgia for calendar year 2022 by July 1, 2023.
Respondent is required under 29 C.F.R. ?1910.1200(g) to prepare or have available an MSDS for hazardous chemicals under OSHA for Tylose MHB 3000 P2, lmerys 40-200 MHI limestone, and Poraver 0.1-0.4 MM CDN.
At some time during calendar years 2021, 2022 and 2023, Tylose MHB 3000 P2, lmerys 40-200 MHI limestone, and Poraver 0.1-0.4 MM CDN were present at the Facility in an amount equal to or greater than 10,000 pounds.
Respondent failed to submit a completed Emergency and Hazardous Chemical Inventory Form for Tylose MHB 3000 P2, lmerys 40-200 MHI limestone, and Poraver 0.1-0.4 MM CDN, to the SERC, LEPC, and fire department with jurisdiction over the Facility for calendar years 2021, 2022 and 2023 by March 1 of the following calendar years.
Respondent is a person and is the owner and operator of the Facility which is a facility, as those terms are defined in Section 329(7) of EPCRA, 42 U.S.C. ? 11049(7), and Section 329(4) of EPCRA, 42 U.S.C. ? 11049(4), during the relevant period described herein.
Respondent violated the reporting requirements of Section 31