EPA v. K.G. INTERNATIONAL, INC

Case summary

9/26/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $142,800 DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON OCTOBER 4, 2022, THE EPA SENT RESPONDENT A NOTICE OF INSPECTION PURSUANT TO SECTION LL(A) OF TSCA, 15 U.S.C. ? 2610(A), NOTIFYING RESPONDENT THAT THE EPA WOULD BE CONDUCTING AN INSPECTION OF RESPONDENT'S FACILITY TO DETERMINE ITS COMPLIANCE WITH TSCA. PURSUANT TO A REQUEST IN THE NOTICE, RESPONDENT SUBMITTED CERTAIN RECORDS TO THE EPA PRIOR TO THE INSPECTION. ON DECEMBER 7, 2022, AN AUTHORIZED EPA INSPECTOR CONDUCTED THE INSPECTION OF RESPONDENT'S FACILITY. DURING THE INSPECTION, THE EPA INSPECTOR REVIEWED AND DISCUSSED WITH RESPONDENT THE RECORDS RESPONDENT HAD SUBMITTED PRIOR TO THE INSPECTION, AND THE ADDITIONAL RECORDS PROVIDED AT THE TIME OF THE INSPECTION, PERTAINING TO CHEMICAL MANUFACTURING, IMPORTING, AND EXPORTING AT ITS FACILITY. BASED ON THE EPA'S REVIEW OF RESPONDENT'S RECORDS, THE EPA ALLEGES THAT RESPONDENT OVER-REPORTED THE IMPORTED VOLUMES OF CHEMICALS A THROUGH E AND CHEMICALS G THROUGH J IN RESPONDENT'S 2020 CDR REPORT AND THEREFORE FAILED TO REPORT THE VOLUMES TO TWO SIGNIFICANT FIGURES OF ACCURACY, IN VIOLATION OF 40 C.F.R. ? 711.15(B)(3)(III) AND SECTION 8 OF TSCA. FAILURE TO COMPLY WITH SECTION 8 OF TSCA AND ITS IMPLEMENTING REGULATIONS CONSTITUTES A VIOLATION OF SECTION 15 OF TSCA, 15 U.S.C. ? 2614.

Defendants (1)

• K.G. INTERNATIONAL, INCNamed in complaintNamed in settlement

Facilities (1)

• K.G. INTERNATIONAL, INC.

  9800 NW 17TH STREET, MIAMI, FL, 33172

  Registry ID: 110056937436

Statutes cited

• TSCA 8B — Failure To Comply With Invention Update Rule
• TSCA 8 — Reporting & Retention of Information

Enforcement conclusions (1)

• K.G. INTERNATIONAL, INCentered 2024-09-26

  Primary law: TSCA

  Federal penalty: $142,800

Timeline (4 milestones)

• 2024-09-26Final Order Issued
• 2024-09-26Complaint Filed/Proposed Order
• 2024-10-01Enforcement Action Data Entered
• 2024-10-04Enforcement Action Closed