4/7/08 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,481, DUE WITHIN 30 DAYS. EFFECTIVE MAY 26, 2004, CHEMICAL A (CBI DELETED) WAS SUBJECT TO A TEST RULE PROMULGATED AT 40 CFR 799.5115. CHEMICAL A IS LISTED AT 40 CFR 799.5115(j) [TABLE 2]. RESPONDENT'S COMPLIANCE STATUS IS CLASSIFIED AS TIER ONE, THEREFORE, RESPONDENT IS SUBJECT TO THE NOTIFICATION REQUIREMENTS SET FORTH IN 40 CFR 799.5115(c)(2). AT THE TIME OF THE INSPECTION, THERE WERE NOR ECORDS INDICATING THAT RESPONDENT SUBMITTED TO THE EPA A LETTER OF INTENT TO TEST CHEMICAL A OR APPLIED TO THE EPA AND OBTAINED AN EXEMPTION FROM TESTING CHEMICAL A. RESPONDENT VIOLATED 40 CFR 700.5115(c)(2) BY FAILING TO PROVIDE TO EPA ON OR BEFORE JUNE 25, 2004 A LETTER OF INTENT TO TEST CHEMICAL A OR APPLY TO THE EPA FOR AN EXEMPTION FROM TESTING CHEMICAL A. ON SEPT 18, 2007, RESPONDENT APPLIED TO EPA FOR AN EXEMPTION FROM TESTING CHEMICAL A.