10/25/11 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF 421,420 DUE WITHIN 30 DAYS.
ALLEGATIONS:
THE AMOUNT OF CHEMICAL A (CBI DELETED) THAT RESPONDENT REPORTED ON THE 2006 IUR FORM U EXCEEDED THE ACTUAL MANUFACTURED AMOUNT AT THAT FACILITY BY GREATER THAN 10 PERCENT. PURSUANT TO 40 CFR 710.52(c)(3)(iv) AND TSCA SEC 15(3), IT IS UNLAWFUL FOR ANY PERSON TO OVER REPORT BY GREATER THAN 10 PERCENT THE TOTAL VOLUME IN POUNDS OF EACH REPORTABLE SUBSTANCE MANUFACTURED.
IN 2002, RESPONDENT COMMITTED A PRIOR SUCH VIOLATION OF TSCA (EPA DOCKET NUMBER TSCA-HQ-2004-0010) IN THAT A PREVIOUS FINAL ORDER WAS ISSUED BY EPA TO RESPONDENT PURSUANT TO TSCA 16(a). THE PRIOR FINAL ORDER WSA ISSUED WITHIN 5 YEARS OF THE CURRENT VIOLATION, OCCURRED AT DIFFERENT FACILITIES OPERATED BY RESPONDENT, AND WAS CLOSELY SIMILAR TO THE CURRENT VIOLATION AS BOTH INVOLVED IUR REPORTING ERRORS.