EPA v. GOLDEN ARTISTS COLORS INC

Case summary

11/30/00 - AUDIT POLICY DISCLOSURE DATE ON NOV. 30, 2000, GLODEN ARTISTS COLORS, INC. DISCLOSED TO EPA THAT IT HAD FAILED TO SUPPLY NOTICES OF EXPORT AS RE- QUIRED BY SECTIONS 4 AND 12(B) OF THE TSCA ACT FOR THE TRIBUTYL PHOSPHATE (CAS NO. 126-73-8) CONTAINED IN A PRODUCT LINE THAT WAS EXPORTED TO 19 COUNTRIES AND THE N-METHYO-2- PYRROLIDONE (CAS NO. 872-50-4) CONTAINED IN A PRODUCT LINE THAT WAS EXPORTED TO 55 COUNTRIES. ON JAN. 17, 2001, GAC DISCLOSED TO EPA THAT IT HAD ALSO FAILED TO SUPPLY NOTICES FOR ISOBUTYL ALCOLHO (CAS NO. 78-83-1) CONTAINED IN A PRO- DUCT LINE EXPORTED TO 19 COUNTRIES. ON JAN. 16, 2001 GAC SUBMITTED A NOTICE OF EXPORT TO THE EPA REGARDING THE EXPORT OF ISOBUTYL ALCOHOL TO 19 COUNTRIES. ON NOV. 29, 2000, GAC SUBMITTED A NOTICE OF EXPORT TO THE EPA REGARDING THE EXPORT OF N-METHYL-2-PYRROLIDONE TO 55 COUNTRIES. AS THE TSCA/12B REPORTING OBLIGATIONS TO TRIBUTYL PHOSPHATE SUNSETTED ON FEB. 24, 1999, AND THERE IS NO LONGER A REQUIREMENT TO NOTIFY THE EPA PRIOR TO EXPORT GAC, SUBMITTED A CORRECTIVE NOTICE OF EXPORT TO THE EPA ON FEB. 14, 2001 RE THE EXPORT OF TRIBUTYL PHOSPHATE TO 19 COUNTRIES. SECT. 12(B) COLLECTS INFORMATION ABOUT THE EXPORT OF CHEMICALS SUBJECT TO CERTAIN PROPOSED OR FINAL TESTING OR REGULATORY REQUIREMENTS UNDER TSCA SECTIONS 4,5,6,OR 7. THE EPA PROVIDES THIS INFORMATION TO THE GOVERNMENT OF AN IMPORTING COUNTRY TO ALLOW THAT COUNTRY TO INITIATE ITS OWN RISK ASSESSMENT PROCESS. * ON FEB. 14, 2001 GAC DISCLOSED TO EPA THAT SUBSEQUENT TO A CORPORATE AUDIT THAT COMMENCED AT ITS FACILITY ON JAN. 4, IT WAS DISCOVERED THAT THE FACILITY HAD FAILED TO SUBMIT TIMELY COMPLETE AND CORRECT TOXIC CHEMICAL RELEASE INVENTORY RE- PORTING FORMS R AS REQUIRED BY SECT. 313 OF OF THE EPCRA FOR N-METHYL-2-PYRROLIDONE FOR REPORTING YEARS 1997, 1998, AND 1999. THE REQUIRED FORMS R WERE SUBMITTED TO THE EPCRA REPORTING CENTER ON JAN. 11, 2001. * ON MARCH 1, 2001 THE FACILTY FURTHER DISCLOSED THAT IT HAD FAILED TO FILE TIER II CHEMICAL INVENTORY FORMS FOR PROPY- LENE GLYCOL FOR REPORTING YEARS 1997, 1998, AND 1999 AS RE- QUIRED UNDER SECTION 311 AND 312 OF EPCRA. THE REQUIRED TIER II FORM WAS SUBMITTED TO THE NY STATE DEPT. OF ENVIRON- MENTAL CONSERVATION AND THE CHENANGO COUNTY OFFICE OF EMERGENCY MANAGEMENT ON FEB. 28, 2001 AND TO THE NEW BERLIN FIRE DEPARTMENT ON MARCH 1, 2001.

Defendants (1)

• GOLDEN ARTISTS COLORS INCNamed in settlement

Facilities (1)

• GOLDEN ARTIST COLORS INC.

  188 BELL RD., NEW BERLIN, NY, 13411

  Registry ID: 110006528962

Statutes cited

• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• TSCA 12 — Exports
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• GOLDEN ARTIST COLORS, INCentered 2001-10-23

  Primary law: EPCRA

Timeline (3 milestones)

• 2001-04-27Enforcement Action Data Entered
• 2001-10-23Final Order Issued
• 2001-10-23Enforcement Action Closed