EPA v. DYSTAR CAROLINA CHEMICAL CORPORATION

Case summary

9/25/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $ 8,150 DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON JANUARY 11, 2024, THE RESPONDENT VOLUNTARILY SUBMITTED CERTAIN RECORDS TO THE EPA PERTAINING TO ITS COMPLIANCE WITH TSCA AND ITS IMPLEMENTING REGULATIONS IN LIEU OF THE EPA CONDUCTING AN ON-SITE INSPECTION OF THE RESPONDENT'S FACILITY. ON MARCH 21, 2024, BASED ON A REVIEW OF THE RECORDS SUBMITTED BY THE RESPONDENT, THE EPA ISSUED THE RESPONDENT AN OPPORTUNITY TO SHOW CAUSE LETTER IDENTIFYING POTENTIAL VIOLATIONS OF SECTION 12(B) OF TSCA PERTAINING TO EXPORT NOTIFICATION. ON APRIL 19, 2024, THE RESPONDENT PROVIDED ADDITIONAL INFORMATION TO THE EPA IN RESPONSE TO THE OPPORTUNITY TO SHOW CAUSE LETTER. BASED ON THE EPA'S REVIEW OF THE RESPONDENT'S RECORDS SUBMITTED, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED SECTION 12(B) OF TSCA, 15 U.S.C. ? 2611, AND 40 C.F.R. ?? 707.60(A), 707.65(A)(L)(II), AND 707.65(A)(2), BY FAILING TO SUBMIT AN EXPORT NOTIFICATION TO THE EPA FOR CHEMICAL C BY APRIL 21, 2021, THE FIRST DATE OF EXPORT. FAILURE TO COMPLY WITH SECTION 12(B) AND ITS IMPLEMENTING REGULATIONS CONSTITUTES A VIOLATION OF SECTION 15 OF TSCA, 15 U.S.C. ? 2614.

Defendants (1)

• DYSTAR CAROLINA CHEMICAL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• DYSTAR CAROLINA CHEMICAL CORPORATION

  8309 WILKINSON BOULEVARD, CHARLOTTE, NC, 28214

  Registry ID: 110012474330

Statutes cited

• TSCA 12 — Exports

Enforcement conclusions (1)

• DYSTAR CAROLINA CHEMICAL CORPORATIONentered 2024-09-25

  Primary law: TSCA

  Federal penalty: $8,150

Timeline (4 milestones)

• 2024-09-25Complaint Filed/Proposed Order
• 2024-09-25Final Order Issued
• 2024-09-25Enforcement Action Closed
• 2024-09-26Enforcement Action Data Entered