EPA v. UNIVAR USA INC. (fka CHEMCENTRAL INTERNATIONAL CORP.)

Case summary

7/7/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $19,730.20, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: ON JULY 17, 2007, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S OFFICE PURSUANT TO TSCA SEC 11(a). IN 2006, RESPONDENT IMPORTED A SHIPMENT OF CHEMICAL A FOR COMMERCIAL USE. EFFECTIVE (CBI DELETED), CHEMICAL A WAS SUBJECT TO A TEST RULE PROMULGATED AT (CBI DELETED). AT THE TIME OF THE INSPECTION, THERE WAS NO RECORD INDICATING THE RESPONDENT SUBMITTED TO THE EPA EITHER A LETTER OF INTENT TO TEST OR APPLY TO AND OBTAIN FROM THE EPA AN EXEMPTION FROM TESTING CHEMICAL A. RESPONDENT VIOLATED 40 CFR 799.5115(d) BY FAILING TO SUBMIT TO THE EPA EITHER A LETTER OF INTENT TO TEST OR APPLY TO AND OBTAIN FROM THE EPA AN EXEMPTION FROM TESTING CHEMICAL A. ACCORDING TO RESPONDENT'S 2005 IMPORT RECORDS, RESPONDENT IMPORTED (CBI DELETED) POUNDS OF CHEMICAL S IN 2005. RESPONDENT'S 2006 IUR REPORT INDICATED THAT IT HAD IMPORTED (CBI DELETED) POUNDS OF CHEMICAL S. THERE WAS A 25 PERCENT DISCREPANCY BETWEEN THE AMOUNT OF CHEMICAL S THAT WAS IMPORTED IN 2005 AND THE AMOUNT THAT WAS REPORTED ON THE 2006 IUR REPORT. THE REGULATION PROMULGATED AT 40 CFR 710.52(c)(3)(iv) REQUIRES THAT THE TOTAL VOLUME (IN POUNDS) OF EACH REPORTABLE CHEMICAL SUBSTANCE MANUFACTURED AND IMPORTED MUST BE REPORTED TO TWO SIGNIFICANT FIGURES OF ACCURACY PROVIDED THAT THE REPORTED FIGURES ARE WITHIN PLUS/MINUS 10 PERCENT OF THE ACTUAL VOLUME IMPORTED. RESPONDENT FAILED TO SUBMIT AN ACCURATE 2006 IUR REPORT TO EPA FOR CHEMICAL S DURING THE REPORTING PERIOD DESCRIBED 40 CFR 710.53. PURSUANT TO 40 CFR 710.1(c) AND SECTION 15(3) OF TSCA IT IS UNLAWFUL FOR ANY PERSON TO FAIL OR REFUSE TO SUBMIT INFO REQUIRED UNDER THE REPORTING REGULATIONS.

Defendants (1)

• UNIVAR USA INC.Named in complaintNamed in settlement

Facilities (1)

• UNIVAR USA INC

  2500 NW 29TH MNR, POMPANO BEACH, FL, 330691031

  Registry ID: 110032985633

Statutes cited

• TSCA 8 — Reporting & Retention of Information
• TSCA 4 — Testing of Chemical Substances and Mixtures

Enforcement conclusions (1)

• UNIVAR USA INC. (fka CHEMCENTRAL INTERNATIONAL CORP.)entered 2009-07-07

  Primary law: TSCA

  Federal penalty: $19,730

Timeline (4 milestones)

• 2009-07-07Complaint Filed/Proposed Order
• 2009-07-07Final Order Issued
• 2009-07-16Enforcement Action Closed
• 2009-07-22Enforcement Action Data Entered