5/31/2018 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $29,325. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
TEST RULE VIOLATION:
BASED ON THE IMPORT DATA OBTAINED FROM RESPONDENT, BETWEEN JANUARY 1, 2014, AND APRIL 30, 2016, RESPONDENT IMPORTED CHEMICAL B FOR COMMERCIAL PURPOSED. DURING THE IMPORT PERIOD (JANUARY 1, 2014, AND APRIL 30, 2016), CHEMICAL B WAS SUBJECT TO A TEST RULE PROMULGATED PURSUANT TO SECTION 4 OF TSCA.
BASED ON CHEMICAL B'S IMPORT DATES, RESPONDENT WAS REQUIRED TO SUBMIT TO THE EPA A LETTTER OF INTENT TO TEST OR EXEMPTION FROM TESTING CHEMICAL B ON OR BEFORE [CBI DELETED].
RESPONDENT DID NOT SUBMIT A LETTER OF INTENT TO TEST OR EXEMPTION FROM TESTING CHEMICAL B ON OR BEFORE [CBI DELETED[.
BY NOT SUBMITTING A LETTER OF INTENT TO TEST OR EXEMPTION FROM TESTING CHEMICAL B ON OR BEFORE [CBI DELETED, RESPONDENT WAS NOT IN COMPLIANCE WITH SECTION 4 OF TSCA.
ON NOVEMBER 29, 2017, RESPONDENT SUBMITTED TO THE EPA AN EXEMPTION NOTICE FOR CHEMICAL B, WHICH WAS AFTER THE DUE DATE AS REQUIRED BY 40 CFR PART 799.
PURSUANT TO 40 CFR SECTION 799 [CBI DELETED], A MANUFACTURER, IMPORTER OR PROCESSER WILL BE CONSIDERED
PURSUANT TO 40 CFR SECTION 799.17, ANY PERSON WHO FAILED OR REFUSES TO COMPLY WITH ANY ASPECT OF A TEST RULE UNDER 40 CFR, PART 799 IS IN VIOLATION OF SECTION 15 OF TSCA.
FAILURE TO SUBMIT EXPORT NOTIFICATIONS TO THE EPA
PURSUANT TO 40 CFR SECTION 721.20, PERSONS WHO INTENT TO EXPOET A CH