EPA v. TSE INDUSTRIES, INC.

Case summary

3/7/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING PENALTY OF $50,300. ON JUNE 2, 2010, EPA R4 CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY PURSUANT TO TSCA SEC 11(a). DURING THE INSPECTION, THE AUTHORIZED AGENT REQUESTED RECORDS PERTAINING TO THE MANUFACTUR OF PRODUCTS BY THE RESPONDENT. THE RECORDS WERE PROVIDED. BASED ON A REVIEW OF THE RECORDS, IT WAS DETERMINED THAT BETWEEN JAN 2, 2008 AND APR 16, 2010, RESPONDENT MANUFACTURED 20 BATCHES OF MILLATHANE 76 FOR COMMERCIAL PURPOSE. BASED ON A REVIEW OF THE RECORDS THAT WERE OBTAINED BY EPA REGION 4, IT WAS DETERMINED THAT BETWEEN AUG 4, 2008, AND FEB 23, 2010, RESPONDENT MANUFACTURED 3 BATCHES OF MILLATHANE HT FOR COMMERCIAL PURPOSE. PURSUANT TO EPA'S CERTIFIED STATEMENT (ER-11-5001), THE CHEMICAL SUBSTANCES WERE NOT LISTED CHEMICAL SUBSTANCES ON THE TSCA INVENTORY AT THE TIME THEY WERE MANUFACTURED BY RESPONDENT. PURSUANT TO 40 CFR 720.25(a), A CHEMICAL SUBSTANCE THAT IS NOT LISTED ON THE TSCA INVENTORY IS CLASSIFIED AS A NEW CHEMICAL SUBSTANCE. MILLATHANE 76 AND MILLITHANE HT WERE NEW CHEMICAL SUBSTANCES AT THE TIME THEY WERE MANUFACTURED BY THE RESPONDENT. PURSUANT TO 40 CFR 720.22, ANY PERSON WHO INTENDS TO MANUFACTURE A NEW CHEMICAL SUBSTANCE IN THE U.S. FOR COMMERCIAL PURPOSES MUST SUBMIT A NOTICE UNLESS THE SUBSTANCE IS EXCLUDED UNDER 720.30 (CHEMICALS NOT SUBJECT TO THE NOTIFICATION REQUIRMENTS). PURSUANT TO 40 CFR 720.30 CERTAIN CHEMICALS SUBSTANCES ARE EXEMPT FROM FULL PREMANUFACTURE (PMN) NOTIFICATION AND REPORTING REQUIREMENTS INCLUDING, BUT NOT LIMITED TO, ANY MIXTURES DEFINED IN 723.3(u) AND POLYMERS DEFINED IN 723.250(a) THAT MEET THIS REQUIREMENTS FOR A POLYMER EXEMPTION. IN A LETTER DATED AUG 22, 2011 TO EPA, THE RESPONDENT SUBMITTED DATA TO SUPPORT THAT THE NEW CHEMICALS, MILLATHANE 76 AND MILLITHANE HT ARE POLYMERS AS DEFINED UNDER 40 CFR 723.250(a) AND THAT BOTH CHEMICAL SUBSTANCES MEET THE EXEMPTION CRITERIA FOR A POLYMER SET FORTH AT 40 CFR 723.250(c). PURSUANT TO 40 CFR 720.250(f), MANUFACTURERS OF NEW CHEMICALS THAT MEET THE POLYMER EXEMPTION CRITERIA IN ACCORDANCE WITH 40 CFR 723.250(e), ARE REQUIRED TO SUBMIT A REPORT OF MANUFACTURE (POSTMARK) OF JAN 31 OF THE YEAR SUBSEQUENT TO THE INITIAL MANUFACTURE OF EACH NEW CHEMICAL. BASED ON THE MANUFACTURE DATES IN THE PRODUCTION RECORDS, RESPONDENT WAS REQUIRED TO SUBMIT A POLYMER EXEMPTION NOTICE REPORT FOR EACH NEW CHEMICAL: MILLATHANE 76 AND MILLITHANE HT BY JAN 31, 2009. RESPONDENT SUBMITTED THAT REQUIRED POLYMER EXEMPTION NOTICE REPORTS FOR THE NEW CHEMICALS APPROX 4 YRS AFTER THE DUE DATE. PURSUANT TO 40 CFR 723.250(1)(l), ANY PERSON WHO MANUFACTURES OR IMPORTS A NEW CHEMICAL AND FAILS TO COMPLY WITH ANY PROVISION OF 40 CFR 723.250 IS IN VIOLATION OF TSCA SEC 15. RESPONDENT VIOLATED TSCA 15 AND 40 CFR 723.250(1)(l) BY FAILING TO SUBMIT THE POLYMER EXEMPTION NOTICE REPORTS FOR THE NEW CHEMICAL SUBSTANCES, MILLATHANE 76 AND MILLITHANE HT BY JAN 31, 2009. BASED ON A REVIEW OF THE RECORDS OBTAINED BY EPA R4 DURING THE INSPECTION ON JUNE 2, 2010, IT WAS DETERMINED THAT IN 2005, RESPONDENT MANUFACTURED FOR COMMERCIAL PURPOSE A REPORTABLE QUANTITY (>25k POUNDS) OF THE CHEMICAL SUBSTANCE, THANECURE T-9. PURSUANT TO 40 CFR 710.48(a), ANY PERSON WHO MANUFACTURED FOR COMMERCIAL PURPOSES, A REPORTABLE QUANTITY OF A CHEMICAL SUBSTANCE DURING CALENDAR YR 2005 THAT WAS ON THE TSCA MASTER INVENTORY FILE DURING THE RELEVANT IUR PERIOD (AUG 25, 2006 THRU MAR 23 2007 WAS SUBJECT TO REPORTING REQUIREMENTS SET FORTH AT 40 CFR PART 710 SUBPART C. THANECURE T-9 WAS LISTED ON THE TSCA MASTER INVENTORY FILE AT THE BEGINNING OF THE IUR PERIOD (AUG 25, 2006 THR MAR 23, 2007) IDENTIFIED IN 40 CFR 710.53 AND WAS NOT A CHEMICAL SUBSTANCE THAT WAS EXCLUDED FROM REPORTING PURSUANT TO 40 CFR 710.46. SEE SENSITIVE COMMENTS FOR ADDITIONAL VIOLATIONS

Defendants (1)

• TSE INDUSTRIES, INC. (SB)Named in complaintNamed in settlement

Facilities (4)

• TSE INDUSTRIES, INC.

  5260 113TH AVE N, CLEARWATER, FL, 33760-4838

  Registry ID: 110000365596

• TSE INDUSTRIES, INC.

  5260 113TH AVE N, CLEARWATER, FL, 33760-4838

  Registry ID: 110000365596

• TSE INDUSTRIES, INC.

  5260 113TH AVE N, CLEARWATER, FL, 33760-4838

  Registry ID: 110000365596

• TSE INDUSTRIES, INC.

  5260 113TH AVE N, CLEARWATER, FL, 33760-4838

  Registry ID: 110000365596

Statutes cited

• TSCA 8B — Failure To Comply With Invention Update Rule

Enforcement conclusions (1)

• TSE INDUSTRIES, INC.entered 2013-03-07

  Primary law: TSCA

  Federal penalty: $50,300

Timeline (4 milestones)

• 2013-03-07Complaint Filed/Proposed Order
• 2013-03-07Final Order Issued
• 2013-03-14Enforcement Action Data Entered
• 2013-03-20Enforcement Action Closed