EPA v. APEXICAL, INC.

Case summary

4/29/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $18,569, DUE IN FOUR INSTALLMENT PAYMENTS OF $4,671.30 (PLUS INTEREST). THE FIRST INSTALLMENT IS DUE WITHIN 30 DAYS AND SUBSEQUENT PAYMENTS WILL BE DUE IN 90 DAY INTERVALS THEREAFTER. ALLEGATIONS: ON MAY 14, 2008, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S PLACE OF BUSINESS. IN 2006, RESPONDENT EXPORTED TO CANADA AND CHINA A SHIPMENT OF [CBI DELETED] HEREINAFTER REFERRED TO A PRODUCT A. PRODUCT A CONTAINED [CBI DELETED] HEREINAFTER REFERRED TO AS CHEMICAL A. PURSUANT TO TSCA SEC 12(b), CHEMICAL A WAS SUBJECT TO THE EXPORT NOTIFICATION REGULATIONS PROMULGATED AT 40 CFR SEC 707, SUBPART D. AT THE TIME OF THE INSPECTION, THERE WERE NO RECORDS ON FILE INDICATING THAT RESPONDENT HAD SUBMITTED AN EXPORT NOTICE TO THE EPA FOR TWO SEPARATE SHIPMENTS OF CHEMICAL A THAT WERE EXPORTED TO CANADA AND CHINA. RESPONDENT VIOLATED TSCA SEC 15 BY FAILING TO COMPLY WITH TSCA SEC 12(b) AND THE REGULATIONS PROMULGATED AT 40 CFR SEC 717, SUBPART D. ON NOV 9, 2009, RESPONDENT VOLUNTARILY DISCLOSED THAT IT HAD FAILED TO SUBMIT AN EXPORT NOTICE TO THE EPA FOR TWO SEPARATE SHIPMENTS OF CHEMICAL A THAT WERE EXPORTED TO INDIA AND AUSTRALIA BETWEEN 2005 AND 2008. RESPONDENT VIOLATED TSCA SEC 15, BY FAILING TO COMPLY WITH TSCA SEC 12(b) AND THE REGULATIONS PROMULGATED AT 40 CFR 707, SUBPART D.

Defendants (1)

• APEXICAL, INC. (SB)Named in complaintNamed in settlement

Facilities (2)

• APEXICAL INC.

  1905 NEW CUT ROAD, SPARTANBURG, SC, 29303

  Registry ID: 110000917517

• APEXICAL INC.

  1905 NEW CUT ROAD, SPARTANBURG, SC, 29303

  Registry ID: 110000917517

Statutes cited

• TSCA 12 — Exports

Enforcement conclusions (1)

• APEXICAL, INC.entered 2010-04-29

  Primary law: TSCA

  Federal penalty: $18,569

Timeline (3 milestones)

• 2010-04-29Complaint Filed/Proposed Order
• 2010-04-29Final Order Issued
• 2010-05-05Enforcement Action Data Entered