4/30/19 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $17,190, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON APR 12, 2018, EPA REGION 4 CONDUCTED AN INSPECTION AT RESPONDENT'S PLANT PURSUANT TO TSCA SECTION 11(a).
RESPONDENT'S PRODUCTION RECORDS INDICATE THAT RESPONDENT MANUFACTURED 25,000 POUNDS OR MORE OF CHEMICAL A FOR COMMERCIAL PURPOSES DURING CALENDAR YEAR 2015. CHEMICAL A WAS LISTED IN THE TSCA MASTER INVENTORY FILE AT THE BEGINNING OF THE 2016 CDR SUBMISSION PERIOD (JUNE 1, 2016, THROUGH OCT 31, 2016) IDENTIFIED AT 40 CFR 711.20 AND IS NOT SPECIFICALLY EXCLUDED FROM SOME OR ALL OF THE CDR REPORTING REQUIREMENTS BY 40 CFR 711.6.
RESPONDENT WAS REQUIRED TO SUBMIT TO EPA A CDR REPORT FOR CHEMICAL A THAT RESPONDENT MANUFACTURED FOR COMMERCIAL PURPOSES IN AN AMOUNT OF 25,000 POUNDS OR MORE IN CALENDAR YEAR 2015, BY NO LATER THAN THE END OF THE 2016 CDR SUBMISSION PERIOD, OCT 31, 2016.
DURING THE 2016 CDR SUBMISSION PERIOD, RESPONDENT SUBMITTED TO EPA A 2016 CDR REPORT FOR CHEMICAL A THAT WAS MANUFACTURED FOR COMMERCIAL PURPOSES.
PURSUANT TO 40 CFR 711.15(b)(3)(iii) THE TOTAL ANNUAL DOMESTIC MANUFACTURED VOLUME (NOT INCLUDING IMPORTED VOLUME) AND THE TOTAL AMOUNT IMPORTED VOLUME MUST BE REPORTED SEPARATELY. THESE AMOUNTS MUST BE REPORTED TO TWO SIGNIFICANT FIGURES ACCURACY. A COMPARISON BETWEEN RESPONDENT'S 2015 PRODUCTION RECORDS AND RESPONDENT'S 2016 CDR REPORT REVEALED THAT CHEMICAL A WAS OVER REPORTED (NOT REPORTED TO TWO SIGNIFICANT FIGURES