8/14/18 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,967. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP.
ALLEGATIONS:
FAILURE TO SUBMIT EXPORT NOTIFICATIONS TO EPA: A REVIEW OF RESPONDENT'S EXPORT RECORDS FROM 2014 TO 2016 SHOWED THAT DURING THOSE YEARS, RESPONDENT EXPORTED CHEMICAL E TO (CBI DELETED) AND (CBI DELETED).
ON (CBI DELETED), EPA ISSUED A FINAL SIGNIFICANT NEW USE RULE (SNUR) FOR CHEMICAL E PURSUANT TO TSCA SECTION 5, PROMULGATED AT 40 CFR PART 721, SUBPART E. THE CHEMICAL E SNUR, EFFECTIVE (CBI DELETED), REQUIRES EXPORTERS TO SUBMIT NOTICE OF EXPORTS TO EPA IF THEY EXPORT OR INTEND TO EXPORT CHEMICAL E TO A FOREIGN COUNTRY.
PURSUANT TO 40 CFR 707.65(a)(3), AN EXPORT NOTICE MUST BE POSTMARKED WITHIN 7 DAYS OF FORMING THE INTENT TO EXPORT OR ON THE DATE OF EXPORT, WHICHEVER IS EARLIER. RESPONDENT SUBMITTED EXPORT NOTICES FOR CHEMICAL TO EPA ON (CBI DELETED), AFTER THE DATE OF EXPORT.
BY FAILING TO SUBMIT THE EXPORT NOTICES FOR CHEMICAL E, POSTMARKED ON OR BEFORE THE DATE OF EXPORT, RESPONDENT FAILED TO COMPLY WITH TSCA SEC 12(b) AND 40 CFR 707.60(a). PURSUANT TO 40 CFR 707.60(f), FAILURE TO COMPLY WITH TSCA 12(b) AS SET FORTH IN 40 CFR PART 707 WILL BE CONSIDERED A VIOLATION OF SEC 15(3).