EPA v. LINPHOS CHEMICAL, INC.

Case summary

8/26/19 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $19,125. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: A REVIEW OF RESPONDENT'S 2015 PRODUCTION RECORDS REVEALED THAT RESPONDENT IMPORTED A REPORTABLE QUANTITY (>25,000) OF CHEMICAL A FOR COMMERCIAL PURPOSES AT ITS RINCON SITE. THE CHEMICAL A WAS LISTED ON THE TSCA MASTER INVENTORY FILE AT THE BEGINNING OF THE CDR PERIOD (JUNE 1, 2016 THROUGH OCTOBER 31, 2015) IDENTIFIED AT 40 CFR SECTION 711.20 AND IS NOT SPECIFICALLY EXEMPTED FROM SOME OR ALL OF THE CDR REPORTING REQUIREMENTS BY 40 CFR SECTION 711.6. PURSUANT TO 40 CFR SECTION 711.15, RESPONDENT WAS REQUIRED TO SUBMIT TO THE 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 YEAR 2015 BY NO LATER THAN THE END OF THE 2015 CDR SUBMISSION PERIOD, OCTOBER 31, 2015. THE CHEMICAL SUBSTANCE REFERENCED IN PARAGRAPH 12 WAS SUBJECT TO THE 2016 CDR. RESPONDENT DID NOT SUBMIT A 2016 CDR REPORT FOR CHEMICAL A WITHIN THE SUBMISSION PERIOD. BY NOT SUBMITTING THE 2016 CDR REPORT TO THE EPA DURING THE SUBMISSION PERIOD FOR THE CHEMICAL SUBSTANCE REFRERENCE, RESPONDENT FAILED TO COMPLY WITH 40 CFR SECTIONS 711.8 AND 711.15. AS STATED IN 40 CFR SECTION 711.(c), SECTION 15(3) OF TSCA MAKES IT UNLAWFUL FOR ANY PERSON TO FAIL OR REFUSE TO SUBMIT INFORMATION REQUIRED UNDER 40 CFR PART 711.

Defendants (1)

• LINSPHOS CHEMICAL, INC.Named in complaintNamed in settlement

Facilities (1)

• LINPHOS CHEMICAL, INC.

  113 PROGRESS DRIVE, RINCON, GA, 31326

  Registry ID: 110059155284

Statutes cited

• TSCA 8 — Reporting & Retention of Information

Enforcement conclusions (1)

• LINPHOS CHEMICAL, INC.entered 2019-08-26

  Primary law: TSCA

  Federal penalty: $19,125

Timeline (3 milestones)

• 2019-08-26Final Order Issued
• 2019-08-26Complaint Filed/Proposed Order
• 2019-08-29Enforcement Action Data Entered