EPA v. MOBILE ROSIN OIL COMPANY, INC.

Case summary

8/28/18 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $21,675 DUE WITHIN 30 DAYS. RESPONDENT ALSO AGREES TO COMPLETE A SEP. ALLEGATIONS: ON JAN 5, 2017, RESPONDENT SUBMITTED CERTAIN RECORDS TO EPA REGARDING RESPONDENT'S COMPLIANCE WITH TSCA, INCLUDING MANUFACTURING, IMPORT, AND EXPORT RECORDS. PURSUANT TO 40 CFR 711.8(a)(2), ANY PERSON WHO MANUFACTURED (INCLUDING IMPORTED) FOR COMMERCIAL PURPOSES 25,000 OR MORE OF A CHEMICAL SUBSTANCE DESCRIBED IN 40 CFR 711.5 AT ANY SINGLE SITE OWNED OR CONTROLLED BY THAT PERSON, IN ANY OF THE CALENDAR YEARS 2012, 2013, 2014, 2015 ARE SUBJECT TO THE CHEMICAL DATA REPORTING (CDR) REQUIREMENTS IN 40 CFR PART 711 FOR THE 2016 SUBMISSION PERIOD. PURSUANT TO 40 CFR 711.20, THE 2016 SUBMISSION PERIOD RAN FROM JUNE 1, 2016 UNTIL OCT 31, 2016, AND 2016 CDR REPORTS WERE REQUIRED TO HAVE BEEN SUBMITTED TO EPA DURING THAT PERIOD OF TIME. PURSUANT TO 40 CFR 711.5 ANY CHEMICAL SUBSTANCE THAT IS IN THE TSCA MASTER INVENTORY FILE AT THE BEGINNING OF A SUBMISSION PERIOD DESCRIBED IN 40 CFR 711.20 MUST BE REPORTED PURSUANT TO THE CDR REQUIREMENTS UNDER TSCA SECTION 8(a) OF TSCA AND 40 CFR PART 711, UNLESS THE CHEMICAL SUBSTANCE IS SPECIFICALLY EXCLUDED BY 40 CFR 711.6. A REVIEW OF RESPONDENT'S 2015 PRODUCTION RECORDS REVEALED THAT RESPONDENT MANUFACTURED (INCLUDING IMPORTED) A REPORTABLE QUANTITY (>25,000 POUNDS) OF 4 CHEMICAL SUBSTANCES, CHEMICALS B, C, D, AND E FOR COMMERCIAL PURPOSES AT ITS MOBILE SITE. ALL 4 CHEMICAL SUBSTANCES REFERENCED ABOVE WERE LISTED ON THE TSCA MASTER INVENTORY FILE AT THE BEGINNING OF THE CDR PERIOD (JUNE 1, 2016, THRU OCT 31, 2016) IDENTIFIED AT 40 CFR 711.20 AND ARE NOT SPECIFICALLY EXEMPTED FROM SOME OR ALL OF THE CDR REPORTING REQUIREMENTS BY 40 CFR 711.6. PURSUANT TO 40 CFR 711.15, RESPONDENT WAS REQUIRED TO SUBMIT TO EPA A 2016 CDR REPORT FOR THE REPORTABLE CHEMICAL SUBSTANCES THAT WERE MANUFACTURED (INCLUDING IMPORTED) FOR COMMERCIAL PURPOSES IN QUANTITIES GREATER THAN 25,000 POUNDS IN CALENDAR YEARS 2015 BY NO LATER THAN THE END OF THE 2016 CDR SUBMISSION PERIOD, OCT 31, 2016. THE CHEMICAL SUBSTANCES REFERENCED ABOVE WERE SUBJECT TO THE 2016 CDR. RESPONDENT DID NOT SUBMIT A 2016 CDR REPORT FOR THESE CHEMICAL SUBSTANCES WITHIN THE SUBMISSION PERIOD. BY NOT SUBMITTED THE 2016 CDR REPORT TO EPA DURING THE SUBMISSION PERIOD FOR THE CHEMICAL SUBSTANCES REFERENCED ABOVE, RESPONDENT FAILED TO COMPLY WIHT 40 CFR 711.8 AND 711.15. AS STATED IN 40 CFR 711.1(c), SECTION 15(3) OF TSCA MAKES IT UNLAWFUL FOR ANY PERSON TO FAIL OR REFUSE TO SUBMIT INFO REQUIRED UNDER 40 CFR 711. TSCA SECTION 16 PROVIDES THAT ANY PERSON WHO VIOLATES A PROVISION OF TSCA SECTION 15 SHALL BE LIABLE TO THE U.S. FOR A CIVIL PENALTY.

Defendants (1)

• MOBILE ROSIN OIL COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• MOBILE ROSIN OIL COMPANY

  2469 BRAGDON AVENUE, MOBILE, AL, 36617

  Registry ID: 110000369565

Statutes cited

• TSCA 8 — Reporting & Retention of Information

Enforcement conclusions (1)

• MOBILE ROSIN OIL COMPANY, INC.entered 2018-08-28

  Primary law: TSCA

  Federal penalty: $21,675 · SEP: $235,000

Timeline (4 milestones)

• 2018-08-28Complaint Filed/Proposed Order
• 2018-08-28Final Order Issued
• 2018-09-12Enforcement Action Data Entered
• 2018-09-20Enforcement Action Closed