EPA v. MITSUBISHI CHEMICAL AMERICA, INC.

Case summary

MARCH 13, 2023 - CONSENT AGREEMENT On July 9, 2021, and November 11, 2021, Respondent submitted certain records to the EPA regarding Respondent's compliance with TSCA Sections 4, 5, 8, 12 and 13, including import, manufacture, and export records. On June I 0, 2022, after reviewing the records submitted by Respondent, the EPA issued Respondent an Opportunity to Show Cause letter identifying potential violations of TSCA Section 8 pertaining to CDR reporting and TSCA Section 12 pertaining to export notice submission. On July I, 2022, Respondent provided additional information to the EPA in response to the Show Cause. Over-Reporting of Chemical A [CBI deleted) in the 2020 CDR Report Pursuant to 40 C.F.R. ? 71 l. l 5(b)(3)(iii), for the principal reporting year only, the total annual domestically manufactured volume (not including imported volume) and the total annual imported volume of chemicals subject to reporting must be separately reported. These amounts must be reported to two significant figures of accuracy. Chemical A was included in Respondent's 2020 CDR Report that was submitted to the EPA during the reporting period. A comparison between the 2020 CDR Report and the 2019 production records indicates that Chemical A was over-reported (not reported to two significant figures of accuracy) in its CDR Report. Export of Chemical B [CBI deleted) Based on a review of the Facility's 2017 - 2019 export records, Respondent exported 67 shipments of Product X [CBI deleted] to Hungary. Product X contained approximately 1-2% of Chemical B. On [CBI deleted], the EPA issued a TSCA Section 5(e) consent order for Chemical B. During the time that Chemical B was exported, it was: (I) subject to a TSCA Section 5(e) consent order pursuant to Section 5(a) of TSCA; and (2) subject to the export notification provisions of Section 12(b) ofTSCA and 40 C.F.R. ? 707.60(a). Based on the EPA's data system that tracks chemical exports, Respondent failed to submit the TSCA Section 12(b) export notice to the EPA for Chemical B within seven days of forming the intent to export or on the date of export, whichever was earlier. Based on the EPA's review of Respondent's records as set forth above, the EPA alleges that Respondent failed to: a. Report production volumes of Chemical A in its 2020 CDR Report to two significant figures of accuracy in violation of 40 C.F.R. ? 7 I l.15(b)(3)(iii); and b. Submit a TSCA Section 12(b) Export Notice to the EPA for Chemical B within seven days of forming an intent to export or on the date of export in violation of 40 C.F.R.? 707.60(a).

Defendants (1)

• MITSUBISHI CHEMICAL AMERICA, INC.Named in complaintNamed in settlement

Facilities (4)

• MITSUBISHI CHEMICAL, MEMPHIS MMA PLANT

  2665 FITE ROAD, MEMPHIS, TN, 38127

  Registry ID: 110000374434

• MITSUBISHI CHEMICAL, MEMPHIS MMA PLANT

  2665 FITE ROAD, MEMPHIS, TN, 38127

  Registry ID: 110000374434

• MITSUBISHI CHEMICAL, MEMPHIS MMA PLANT

  2665 FITE ROAD, MEMPHIS, TN, 38127

  Registry ID: 110000374434

• MITSUBISHI CHEMICAL, MEMPHIS MMA PLANT

  2665 FITE ROAD, MEMPHIS, TN, 38127

  Registry ID: 110000374434

Statutes cited

• TSCA 12 — Exports
• TSCA 8 — Reporting & Retention of Information

Enforcement conclusions (1)

• MITSUBISHI CHEMICAL AMERICA, INC.entered 2023-03-13

  Primary law: TSCA

  Federal penalty: $24,800

Timeline (4 milestones)

• 2023-03-13Complaint Filed/Proposed Order
• 2023-03-13Final Order Issued
• 2023-03-27Enforcement Action Data Entered
• 2023-03-30Enforcement Action Closed