EPA v. PRAYON, INC.

Case summary

4/30/19 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $17,190, DUE WITHIN 30 DAYS. ALLEGATIONS: ON APR 12, 2018, EPA REGION 4 CONDUCTED AN INSPECTION AT RESPONDENT'S PLANT PURSUANT TO TSCA SECTION 11(a). RESPONDENT'S PRODUCTION RECORDS INDICATE THAT RESPONDENT MANUFACTURED 25,000 POUNDS OR MORE OF CHEMICAL A FOR COMMERCIAL PURPOSES DURING CALENDAR YEAR 2015. CHEMICAL A WAS LISTED IN THE TSCA MASTER INVENTORY FILE AT THE BEGINNING OF THE 2016 CDR SUBMISSION PERIOD (JUNE 1, 2016, THROUGH OCT 31, 2016) IDENTIFIED AT 40 CFR 711.20 AND IS NOT SPECIFICALLY EXCLUDED FROM SOME OR ALL OF THE CDR REPORTING REQUIREMENTS BY 40 CFR 711.6. RESPONDENT WAS REQUIRED TO SUBMIT TO EPA A CDR REPORT FOR CHEMICAL A THAT RESPONDENT MANUFACTURED FOR COMMERCIAL PURPOSES IN AN AMOUNT OF 25,000 POUNDS OR MORE IN CALENDAR YEAR 2015, BY NO LATER THAN THE END OF THE 2016 CDR SUBMISSION PERIOD, OCT 31, 2016. DURING THE 2016 CDR SUBMISSION PERIOD, RESPONDENT SUBMITTED TO EPA A 2016 CDR REPORT FOR CHEMICAL A THAT WAS MANUFACTURED FOR COMMERCIAL PURPOSES. PURSUANT TO 40 CFR 711.15(b)(3)(iii) THE TOTAL ANNUAL DOMESTIC MANUFACTURED VOLUME (NOT INCLUDING IMPORTED VOLUME) AND THE TOTAL AMOUNT IMPORTED VOLUME MUST BE REPORTED SEPARATELY. THESE AMOUNTS MUST BE REPORTED TO TWO SIGNIFICANT FIGURES ACCURACY. A COMPARISON BETWEEN RESPONDENT'S 2015 PRODUCTION RECORDS AND RESPONDENT'S 2016 CDR REPORT REVEALED THAT CHEMICAL A WAS OVER REPORTED (NOT REPORTED TO TWO SIGNIFICANT FIGURES OF ACCURACY). 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 PART 711. SECTION 16 OF TSCA PROVIDES THAT ANY PERSON WHO VIOLATES A PROVISION OF SECTION 15 OF TSCA IS LIABLE TO THE U.S. FOR A CIVIL PENALTY.

Defendants (1)

• PRAYON, INCNamed in complaintNamed in settlement

Facilities (2)

• PRAYON, INC.

  1610 MARVIN GRIFFIN ROAD, AUGUSTA, GA, 30906

  Registry ID: 110059238613

• PRAYON, INC.

  1610 MARVIN GRIFFIN ROAD, AUGUSTA, GA, 30906

  Registry ID: 110059238613

Statutes cited

• TSCA 8 — Reporting & Retention of Information

Enforcement conclusions (1)

• PRAYON, INC.entered 2019-04-30

  Primary law: TSCA

  Federal penalty: $17,190

Timeline (4 milestones)

• 2019-04-30Complaint Filed/Proposed Order
• 2019-04-30Final Order Issued
• 2019-05-09Enforcement Action Data Entered
• 2019-05-17Enforcement Action Closed