EPA v. HARCROS CHEMICALS, INC.

Case summary

MARCH 13, 2023 - CONSENT AGREEMENT On January 27 and 28, 2021, an authorized agent of EPA Region 4 conducted a virtual inspection of Respondent's facility through a Microsoft Teams call with representatives of Respondent pursuant to Section 1 l(a) of TSCA, 15 U.S.C. ? 2610(a). On February 25 and June 7, 2021, in response to discussions during the virtual inspection, Respondent submitted certain records to the EPA regarding Respondent's compliance with TSCA, including import, manufacture, and export records. On September 12, 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. On September 26, October 17, and November 9, 2022, Respondent provided additional information to the EPA in response to the Show Cause letter. Chemical Data Reporting for Chemical E (CBI Deleted) A review of Respondent's 2018 and 2019 import and manufacture records revealed that Respondent manufactured a reportable quantity (greater than 25,000 pounds) of Chemical E for commercial purposes in those years. Chemical E was listed in the TSCA Master Inventory File at the beginning of a submission period described in 40 C.F.R. ? 711.20 and is not specifically exempted from some or all the CDR reporting requirements by 40 C.F.R. ? 711.6. Pursuant to 40 C.F.R.?711.15, Respondent was required to submit a 2020 CDR Report to the EPA that included each reportable chemical substance that was manufactured (including imported) for commercial purposes in quantities greater than 25,000 pounds in calendar years 2016, 2017, 2018, and 2019 by no later than the end of the 2020 CDR submission period, which was January 29, 2021. Chemical E was a reportable chemical substance subject to the 2020 CDR. rn. During the 2020 CDR period, Respondent submitted to the EPA a 2020 CDR Report for other chemicals that were imported and manufactured for commercial purposes but failed to include Chemical E in the 2020 CDR Report. On December 22, 2022, Respondent submitted an amended 2020 CDR Report that included Chemical E. Under-Reporting of Chemical H (CBI Deleted) in the 2020 CDR Report Pursuant to 40 C.F.R. ? 71 l .15(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 must be separately reported. These amounts must be reported to two significant figures of accuracy. Chemical H 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 Respondent's 2019 production records indicates that Chemical H was under-reported (not reported to two significant figures of accuracy) in its CDR Report. On October 31, 2022, Respondent submitted an amended 2020 CDR Report that correctly reported Chemical H to two significant figures. Based on the EPA's investigation, including a review of Respondent's records as set forth above, the EPA alleges that Respondent failed to: a. Include Chemical E in its 2020 CDR Report in violation of 40 C.F.R. ? 711.15; b. Report production volume of Chemical H to two significant figures of accuracy in violation of 40 C.F.R. ? 71 l.15(b)(3)(iii).

Defendants (1)

• HARCROS CHEMICALS, INC.Named in complaintNamed in settlement

Facilities (6)

• HARCROS CHEMICALS, INC.

  3452 CORPORATE DRIVE, DALTON, GA, 30720

  Registry ID: 110044310144

• HARCROS CHEMICALS, INC.

  3452 CORPORATE DRIVE, DALTON, GA, 30720

  Registry ID: 110044310144

• HARCROS CHEMICALS, INC.

  3452 CORPORATE DRIVE, DALTON, GA, 30720

  Registry ID: 110044310144

• HARCROS CHEMICALS, INC.

  3452 CORPORATE DRIVE, DALTON, GA, 30720

  Registry ID: 110044310144

• HARCROS CHEMICALS, INC.

  3452 CORPORATE DRIVE, DALTON, GA, 30720

  Registry ID: 110044310144

• HARCROS CHEMICALS, INC.

  3452 CORPORATE DRIVE, DALTON, GA, 30720

  Registry ID: 110044310144

Statutes cited

• TSCA 8 — Reporting & Retention of Information

Enforcement conclusions (1)

• HARCROS CHEMICALS, INC.entered 2023-03-13

  Primary law: TSCA

  Federal penalty: $44,500

Timeline (4 milestones)

• 2023-03-13Complaint Filed/Proposed Order
• 2023-03-13Final Order Issued
• 2023-03-27Enforcement Action Data Entered
• 2023-04-07Enforcement Action Closed