08/14/2025 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $9,897.00.00 DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO.
ALLEGED VIOLATIONS:
ON OCTOBER 6, 2023, THE EPA SENT RESPONDENT A NOTICE OF INSPECTION NOTIFYING RESPONDENT THAT THE EPA WOULD BE CONDUCTING AN INSPECTION OF RESPONDENT'S FACILITY PURSUANT TO SECTION 11{A) OF TSCA, 15 U.S.C. ? 2610(A), TO EVALUATE RESPONDENT'S COMPLIANCE WITH TSCA. IN RESPONSE TO A REQUEST IN THE NOTICE, ON OCTOBER 31, 2023, RESPONDENT SUBMITTED CERTAIN RECORDS TO THE EPA PRIOR TO THE INSPECTION PERTAINING TO ITS MANUFACTURE, PROCESSING, EXPORTATION, AND RESEARCH AND DEVELOPMENT OF CHEMICALS. ON NOVEMBER 14, 2023, AUTHORIZED AGENTS OF THE EPA CONDUCTED THE INSPECTION AT RESPONDENT'S FACILITY.
BASED ON A REVIEW OF THE RECORDS SUBMITTED BY RESPONDENT, THE EPA ISSUED AN OPPORTUNITY TO SHOW CAUSE LETTER TO RESPONDENT ON MAY 7, 2025, IDENTIFYING POTENTIAL VIOLATIONS OF SECTION 12(B) OF TSCA, 15 U.S.C. ? 2611(B), AND IMPLEMENTING REGULATIONS PERTAINING TO THE SUBMISSION OF EXPORT NOTIFICATIONS TO THE EPA.
BASED ON THE EPA'S REVIEW OF RESPONDENT'S RECORDS AS SET FORTH IN THE CAFO, THE EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 12{B) OF TSCA, 15 U.S.C. ? 2611, AND 40 C.F.R. ?? 707.60(A), 707.65{A)(1)(II), AND 707.65{A)(2), BY FAILING TO SUBMIT AN EXPORT NOTIFICATION TO THE EPA FOR CHEMICAL A BY NOVEMBER 18, 2021, THE FIRST DATE OF EXPORT. FAILURE TO COMPLY WITH SECTION 12{B) AND ITS IMPLEMENTING REGULATIONS C