4/29/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $18,569, DUE IN FOUR INSTALLMENT PAYMENTS OF $4,671.30 (PLUS INTEREST). THE FIRST INSTALLMENT IS DUE WITHIN 30 DAYS AND SUBSEQUENT PAYMENTS WILL BE DUE IN 90 DAY INTERVALS THEREAFTER.
ALLEGATIONS:
ON MAY 14, 2008, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S PLACE OF BUSINESS. IN 2006, RESPONDENT EXPORTED TO CANADA AND CHINA A SHIPMENT OF [CBI DELETED] HEREINAFTER REFERRED TO A PRODUCT A. PRODUCT A CONTAINED [CBI DELETED] HEREINAFTER REFERRED TO AS CHEMICAL A. PURSUANT TO TSCA SEC 12(b), CHEMICAL A WAS SUBJECT TO THE EXPORT NOTIFICATION REGULATIONS PROMULGATED AT 40 CFR SEC 707, SUBPART D. AT THE TIME OF THE INSPECTION, THERE WERE NO RECORDS ON FILE INDICATING THAT RESPONDENT HAD SUBMITTED AN EXPORT NOTICE TO THE EPA FOR TWO SEPARATE SHIPMENTS OF CHEMICAL A THAT WERE EXPORTED TO CANADA AND CHINA. RESPONDENT VIOLATED TSCA SEC 15 BY FAILING TO COMPLY WITH TSCA SEC 12(b) AND THE REGULATIONS PROMULGATED AT 40 CFR SEC 717, SUBPART D.
ON NOV 9, 2009, RESPONDENT VOLUNTARILY DISCLOSED THAT IT HAD FAILED TO SUBMIT AN EXPORT NOTICE TO THE EPA FOR TWO SEPARATE SHIPMENTS OF CHEMICAL A THAT WERE EXPORTED TO INDIA AND AUSTRALIA BETWEEN 2005 AND 2008. RESPONDENT VIOLATED TSCA SEC 15, BY FAILING TO COMPLY WITH TSCA SEC 12(b) AND THE REGULATIONS PROMULGATED AT 40 CFR 707, SUBPART D.