EPA v. PENN A KEM, LLC

Case summary

8/29/2023 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $90,000. PENALTY TO BE PAID WITHIN 30 DAYS. ALLEGED VIOLATIONS: BASED ON THE EPA'S INVESTIGATION, INCLUDING A REVIEW OF RESPONDENT'S RECORDS AS SET FORTH, THE EPA ALLEGES THAT RESPONDENT FAILED TO: A. INCLUDE CHEMICALS A, B, AND C IN ITS 2020 CDR REP0RT IN VIOLATION OF 40 C.F.R. 711.15; AND B. SUBMIT A TSCA SECTION 12(B) EXPORT NOTICE TO THE EPA FOR CHEMICAL D ON TWO OCCASIONS (EXPORTED TO TWO DIFFERENT COUNTRIES) AND FOR CHEMICAL E ON ONE OCCASION (EXPORTED TO ONE COUNTRY) BY THE DATE OF EXPORTATION IN VIOLATION OF SECTIONS 12(B) AND 15 OF TSCA, 15 U.S.C. ?? 2611(B) AND ?? 2614, AND 40 C.F.R. ?? 707.60(A) 707.65(A)(2)(II), AND 707.65(A)(3).

Defendants (1)

• PENN A KEM, LLCNamed in complaintNamed in settlement

Facilities (2)

• PENNAKEM, LLC (PREVIOUSLY QUAKER OATS)

  3324 CHELSEA AVENUE, MEMPHIS, TN, 381080035

  Registry ID: 110009446643

• PENNAKEM, LLC (PREVIOUSLY QUAKER OATS)

  3324 CHELSEA AVENUE, MEMPHIS, TN, 381080035

  Registry ID: 110009446643

Statutes cited

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

Enforcement conclusions (1)

• PENN A KEM, LLCentered 2023-08-29

  Primary law: TSCA

  Federal penalty: $90,000

Timeline (3 milestones)

• 2023-08-29Complaint Filed/Proposed Order
• 2023-08-29Final Order Issued
• 2023-09-07Enforcement Action Data Entered