EPA v. PIEDMONT CHEMICAL INDUSTRIES I, LLC

Case summary

AUGUST 16, 2024 - CONSENT AGREEMENT On June 8, 2023, the EPA sent Respondent a Notice of Inspection pursuant to Section 11(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 pertaining to its manufacture and importation of chemicals. On July 26, 2023, inspectors from the EPA Region 4 conducted a TSCA inspection at Respondent's Facility pursuant to Section ll(a) of TSCA, 15 U.S.C. ? 2610(a). Based on a review of the records submitted by Respondent, the EPA issued Respondent an Opportunity to Show Cause letter on May 29, 2024, identifying potential violations of TSCA Section 8 pertaining to 2020 CDR reporting and TSCA Section 12 export requirements. On June 3, 2024, Respondent provided additional information to the EPA in response to the Opportunity to Show Cause letter. A show cause meeting was conducted with Respondent on June 20, 2024, to discuss potential violations. On November 17, 2020, Respondent timely submitted its first 2020 CDR Report for twenty-five (25) chemicals (including Chemicals E and F) which Respondent had manufactured and imported for commercial purposes in quantities greater than 25,000 pounds during at least one of the years in the period 2016-2019. The report was required to be submitted by no later than the end of the 2020 CDR submission period, which was January 29, 2021. The records revealed that Respondent manufactured two chemical substances (Chemicals E and F) for commercial purposes, and each of those chemicals was manufactured in a reportable quantity (greater than 25,000 pounds), which are not exempted from the CDR reporting requirements by 40 C.F.R. ? 711.6. Based on a review of the Respondent's records, the EPA determined that Respondent exported one shipment of Chemical H to India on March 10, 2020. A review of the EPA's data system that tracks chemical exports confirmed that Respondent failed to submit an export notice to the EPA for Chemical Has required by Section 12(b) of TSCA within seven days of forming the intent to export or on the date of export, whichever was earlier, in connection with the first export of Chemical H to India. Respondent presented no evidence to the On July 31, 2023, Respondent submitted to the EPA a late export notice for the export of Chemical H to India on March 10, 2020. Based on the EPA's review of Respondent's records as set forth above, the EPA alleges that Respondent: Failed to report manufacturing volumes of Chemicals E and F to two significant figures of accuracy for the principal reporting year of 2019 in violation of 40 C.F.R. ? 711.15(b)(3)(iii) and Section 8 of TSCA, as set forth in Section IV above. 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; and Failed to submit an export notice to the EPA for Chemical H within seven days of forming an intent to export or on the date of export for the first export of Chemical H to India as set forth in Section IV above, in violation of Section 12(b) of TSCA and 40 C.F.R.?707.G0(a), 40 C.F.R. ?? 707.65(a)(l)(ii), and 707.65(a)(2). Failure to comply with Section 12(b) and its implementing regulations constitutes a violation of Section 15 of TSCA, 15 U.S.C. 2614. Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of FORTY-SIX THOUSAND SIX HUNDRED DOLLARS ($46,600.00}, which is to be paid within thirty (30} days of the Effective Date of this CAFO.

Defendants (1)

• PIEDMONT CHEMICAL INDUSTRIES I, LLCNamed in complaintNamed in settlement

Facilities (2)

• PIEDMONT CHEMICAL INDUSTRIES I, LLC

  331 BURTON AVENUE, HIGH POINT, NC, 27261

  Registry ID: 110000496491

• PIEDMONT CHEMICAL INDUSTRIES I, LLC

  331 BURTON AVENUE, HIGH POINT, NC, 27261

  Registry ID: 110000496491

Statutes cited

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

Enforcement conclusions (1)

• PIEDMONT CHEMICAL INDUSTRIES I, LLCentered 2024-08-16

  Primary law: TSCA

  Federal penalty: $46,600

Timeline (4 milestones)

• 2024-08-16Complaint Filed/Proposed Order
• 2024-08-16Final Order Issued
• 2024-08-23Enforcement Action Data Entered
• 2024-09-18Enforcement Action Closed