EPA v. DYSTAR L.P.

Case summary

12/11/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $43,800.00.00 DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON FEBRUARY 2, 2024, RESPONDENT VOLUNTARILY SUBMITTED CERTAIN RECORDS TO THE EPA AT THE REQUEST OF THE EPA IN LIEU OF THE EPA CONDUCTING AN ON-SITE INSPECTION OF RESPONDENT'S FACILITY. ON MARCH 21, 2024, AFTER REVIEWING THE RECORDS, THE EPA ISSUED RESPONDENT AN OPPORTUNITY TO SHOW CAUSE LETTER IDENTIFYING POTENTIAL VIOLATIONS OF SECTIONS 5, 13, AND 15 OF TSCA, 15 U.S.C. ?? 2604, 2612, AND 2614, ARISING FROM RESPONDENT'S APPARENT FAILURE TO COMPLY WITH THE PMN REGULATIONS UNDER 40 C.F.R. PART 720, AND THE IMPORT CERTIFICATION REQUIREMENTS FOUND UNDER 19 C.F.R. ? 12.121, AS RESTATED IN 40 C.F.R. ? 707.20. ON APRIL 19, 2024, RESPONDENT PROVIDED ADDITIONAL INFORMATION TO THE EPA IN RESPONSE TO THE OPPORTUNITY TO SHOW CAUSE LETTER. BASED ON THE EPA'S REVIEW OF RESPONDENT'S RECORDS, THE EPA ALLEGES THAT RESPONDENT VIOLATED TSCA BY: A. FAILING TO SUBMIT A PMN AT LEAST 90 CALENDAR DAYS BEFORE IMPORTING CHEMICAL A, A NEW CHEMICAL SUBSTANCE, IN VIOLATION OF 40 C.F.R. ?? 720.22, 720.40(B), AND 720.120(B), AND SECTIONS 5(A)(L) AND 15(3) OF TSCA, 15 U.S.C. ?? 2604(1)(1) AND 2614(3); AND B. SUBMITTING INCORRECT CERTIFICATIONS THAT ITS IMPORTATIONS OF CHEMICAL A WERE IN COMPLIANCE WITH TSCA, IN VIOLATION OF 19 C.F.R. ? 12.121(A)(L), AND SECTION 15(1) OF TSCA, 15 U.S.C. ? 2614(1).

Defendants (1)

• DYSTAR L.P.Named in complaintNamed in settlement

Facilities (1)

• DYSTAR LP

  209 WATLINGTON INDUSTRIAL DRIVE, REIDSVILLE, NC, 27320-8147

  Registry ID: 110009856165

Statutes cited

• TSCA 13 — Entry into Customs Territory of the U.S.
• TSCA 5H — Failure To Comply With New Chemical

Enforcement conclusions (1)

• DYSTAR L.P.entered 2024-12-11

  Primary law: TSCA

  Federal penalty: $43,800

Timeline (4 milestones)

• 2024-12-11Final Order Issued
• 2024-12-11Enforcement Action Closed
• 2024-12-11Complaint Filed/Proposed Order
• 2024-12-12Enforcement Action Data Entered