EPA v. ARCHROMA U.S., INC.

Case summary

5/31/2018 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $29,325. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: TEST RULE VIOLATION: BASED ON THE IMPORT DATA OBTAINED FROM RESPONDENT, BETWEEN JANUARY 1, 2014, AND APRIL 30, 2016, RESPONDENT IMPORTED CHEMICAL B FOR COMMERCIAL PURPOSED. DURING THE IMPORT PERIOD (JANUARY 1, 2014, AND APRIL 30, 2016), CHEMICAL B WAS SUBJECT TO A TEST RULE PROMULGATED PURSUANT TO SECTION 4 OF TSCA. BASED ON CHEMICAL B'S IMPORT DATES, RESPONDENT WAS REQUIRED TO SUBMIT TO THE EPA A LETTTER OF INTENT TO TEST OR EXEMPTION FROM TESTING CHEMICAL B ON OR BEFORE [CBI DELETED]. RESPONDENT DID NOT SUBMIT A LETTER OF INTENT TO TEST OR EXEMPTION FROM TESTING CHEMICAL B ON OR BEFORE [CBI DELETED[. BY NOT SUBMITTING A LETTER OF INTENT TO TEST OR EXEMPTION FROM TESTING CHEMICAL B ON OR BEFORE [CBI DELETED, RESPONDENT WAS NOT IN COMPLIANCE WITH SECTION 4 OF TSCA. ON NOVEMBER 29, 2017, RESPONDENT SUBMITTED TO THE EPA AN EXEMPTION NOTICE FOR CHEMICAL B, WHICH WAS AFTER THE DUE DATE AS REQUIRED BY 40 CFR PART 799. PURSUANT TO 40 CFR SECTION 799 [CBI DELETED], A MANUFACTURER, IMPORTER OR PROCESSER WILL BE CONSIDERED PURSUANT TO 40 CFR SECTION 799.17, ANY PERSON WHO FAILED OR REFUSES TO COMPLY WITH ANY ASPECT OF A TEST RULE UNDER 40 CFR, PART 799 IS IN VIOLATION OF SECTION 15 OF TSCA. FAILURE TO SUBMIT EXPORT NOTIFICATIONS TO THE EPA PURSUANT TO 40 CFR SECTION 721.20, PERSONS WHO INTENT TO EXPOET A CHEMICAL SUBSTANCE IDENTIFIED IN 40 CFR PART 721, SUBPART E, OR IN ANY PROPOSED RULE WHICH WOULD AMEND SUBPART E, ARE SUBJECT TO THE EXPORT NOTIFICATION PROVISIONS OF SECTION 12(b) OF TSCA. PURSUANT TO SECTION 12(b) OF TSCA, 15 U.S.C. SECTION 2611, AS ALSO NOTED IN 40 CFR SECTION 707.60(a), ANY PERSON WHO EXPORTS OR INTENDS TO EXPORT A CHEMICAL SUBSTANCE OR MIXTURE MUST NOTIFY THE EPA OF SUCH EXPORTATION TO A PARTICULAR COUNTRY IF ANY OF THE FOLLOWING ACTIONS HAVE BEEN TAKEN PURSUANT TO TSCA WITH RESPECT TO THAT CHEMICAL SUBSTANCE OR MIXTURE: (1) DATA ARE REQUIRED UNDER SECTION 4 OR 5(b); (2) AN ORDER HAS BEEN ISSUED UNDER SECTION 5; (3) A RULE HAS BEEN PROPOSED OR PROMULGATED UNDER SECTION 5; OR (4) AN ACTION IS PENDING, OR RELIEF HAS BEEN GRANTED UNDER SECTION 5 OR 7. A REVIEW OF RESPONDENT'S EXPORT RECORDS FROM 2014 TO 2016 SHOWED THAT RESPONDENT EXPORTED CHEMICAL D TO [CBI DELTED]. ON [CBI DELETED], THE EPA PROMULGATED A FINAL SIGNIFICANT NEW USE RULE (SNUR) PURSUANT TO TSCA SECTION 5 FOR CHEMICAL D. THE EFFECTIVE DATE OF CHEMICAL D'S SNUR WAS [BI DLETED]. CHEMICAL D'S SNUR IS REFERENCE AT 40 CFR PART 721, SUBPART E, AND EXPORTERS ARE REQUIRED A SUBMIT NOTICE OF EXPORTS IF THEY EXPORT OR INTEND TO EXPORT CHEMICAL D TO A FOREIGN COUNTRY. RESPONDENT FAILED TO POSTMARK EXPORT NOTICES TO THE EPA FOR CHEMICAL D WITHIN SEVEN DAYS OF FORMING THE THE INTENT TO EXPORT OR ON THE DATE OF EXPORT, WHICHEVER WAS EARLIER. RESPONDENT FAILED TO POSTMARK EXPORT NOTICES TO THE EPA FOR CHEMICAL D WITHIN SEVEN DAYS OF FORMING THE INTENT TO EXPORT OR ON THE DATE OF EXPORT, WHICHEVER WAS EARLIER, AND FAILED TO TIMELY SUBMIT THE EXPORT NOTICES FOR CHEMICAL D. BY NOT POSTMARKING AND TIMELY SUBMITTING EXPORT NOTICES TO THE EPA FOR CHEMICAL D, RESPONDENT FAILED TO COMPLY WITH 40 CFR SECTION 707.60(a). PURSUANT TO 40 CFR SECTION 707.60(f), FAILURE TO COMPLY WITH TSCA SECTION 12(b) AS SET FORTH IN PART 707 WILL BE CONSIDERED A VIOLATION OF TSCA SECTION 15(3).

Defendants (1)

• ARCHROMA U.S., INC.Named in complaintNamed in settlement

Facilities (1)

• ARCHROMA U.S., INC.

  4000 MONROE ROAD, CHARLOTTE, NC, 28205

  Registry ID: 110060340368

Statutes cited

• TSCA 4 — Testing of Chemical Substances and Mixtures
• TSCA 12 — Exports

Enforcement conclusions (1)

• ARCHROMA U.S., INC.entered 2018-05-31

  Primary law: TSCA

  Federal penalty: $29,325

Timeline (4 milestones)

• 2018-05-31Complaint Filed/Proposed Order
• 2018-05-31Final Order Issued
• 2018-06-07Enforcement Action Closed
• 2018-06-12Enforcement Action Data Entered