EPA v. ORTEC, INC.

Case summary

6/17/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $27,402.30, DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: ON MAY 10, 2007, EPA REGION 4 CONDUCTED AN AUDIT AT RESPONDENT'S OFFICE PURSUANT TO TSCA SEC 11(a). ON MARCH 28, 2005, RESPONDENT MANUFACTURED 9,294 POUNDS OF [CBI DELETED] HEREINAFTER REFERRED TO AS CHEMICAL B. ON JUNE 20, 2005, RESPONDENT MANUFACTURED 5,505 POUNDS OF CHEMICAL B. ACCORDING TO EPA'S CERTIFIED STATEMENT DATED JULY 29, 2008, CHEMICAL B WAS NOT ON THE TSCA INVENTORY WHEN IT WAS MANUFACTURED IN 2005. PURSUANT TO 40 CFR 720.3(v), ANY CHEMICAL SUBSTANCE WHICH WAS NOT INCLUDED ON THE TSCA INVENTORY IS CLASSIFIED AS A NEW CHEMICAL SUBSTANCE. THE REGULATION PROMULGATED AS 40 CFR 720.22(a)(1) REQUIRES ANY PERSON WHO INTENDS TO MANUFACTURE A NEW CHEMICAL SUBSTANCE IN THE U.S. FOR COMMERCIAL PURPOSE TO SUBMIT TO THE EPA A PREMANUFACTURE NOTICE (PMN) UNLESS THE SUBSTANCE IS EXCLUDED PURSUANT TO 40 CFR 720.30 AT THE TIME OF THE INSPECTION, THERE WAS NO RECORD INDICATING THE RESPONDENT SUBMITTED A PMN TO EPA PRIOR TO MANUFACTURING CHEMICAL B. RESPONDENT VIOLATED 40 CFR 720.22(a)(1) BY FAILING TO SUBMIT TO THE EPA A PMN FOR CHEMICAL B.

Defendants (1)

• ORTEC, INC.Named in complaintNamed in settlement

Facilities (1)

• ORTEC:EASLEY

  505 GENTRY MEMORIAL HWY., EASLEY, SC, 29640

  Registry ID: 110000354456

Statutes cited

• TSCA 5A/5B — Failure To Comply With Significant New Use Rules and Pre-manufacture Notice

Enforcement conclusions (1)

• ORTEC, INC.entered 2010-06-17

  Primary law: TSCA

  Federal penalty: $27,402

Timeline (4 milestones)

• 2010-06-17Complaint Filed/Proposed Order
• 2010-06-17Final Order Issued
• 2010-07-07Enforcement Action Closed
• 2010-08-19Enforcement Action Data Entered