EPA v. CONTINENTAL TIRE THE AMERICAS, LLC

Case summary

MAY 19, 2025 - CONSENT AGREEMENT On November 15, 2022, and December 19, 2022, 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 August 10, 2023, after reviewing the records submitted by Respondent, the EPA issued Respondent an Opportunity to Show Cause letter alleging that Respondent had potentially violated Sections 5, 8, and 15 of TSCA, 15 U.S.C. ?? 2604, 2607, and 2614 by failing to comply with the PMN and CDR requirements found in 40 C.F.R. Parts 720 and 711, respectively. On September 25, 2023, Respondent provided additional information to the EPA in response to the Opportunity to Show Cause letter. The records submitted by Respondent included import records which revealed that Respondent imported a reportable quantity (greater than 25,000 pounds) of Chemicals B, C, D, E, F, G, H, I, J, K, L, P, and R for commercial purposes in 2019. Chemicals B, C, D, E, F, G, H, I, J, K, L, P, and R were in the TSCA Master Inventory File at the beginning of a submission period, and are not exempted from the CDR reporting requirements. Respondent was required to submit a 2020 CDR Report to the EPA for reportable chemical substances that were manufactured (including imported) for commercial purposes in quantities greater than 25,000 pounds in calendar years 2016, 2017, 2018, and 2019 by no later than the end of the 2020 CDR submission period, which was January 29, 2021. Chemicals B, C, D, E, F, G, H, I, J, K, L, P, and R, are reportable chemical substances imported by Respondent during the 2020 CDR submission period (2016-2019) and are therefore subject to the 2020 CDR reporting requirements. Respondent did not submit a CDR Report for Chemicals B, C, D, E, F, G, H, I, J, K, L, P, and R by January 29, 2021, the end of the 2020 CDR submission period. On March 28, 2025, Respondent submitted a 2020 CDR Report for Chemicals B, C, D, E, F, G, H, I, J, K, L, P, and R. Respondent imported a reportable quantity (greater than 25,000 pounds) of Chemicals U, V, and W to its Facility in Fort Mill, South Carolina for commercial purposes in 2019 and shipped them to its Mount Vernon, Illinois plant. During the 2020 CDR submission period, Respondent submitted to the EPA a 2020 CDR Report for Chemicals U, V, and W that were imported and then shipped from its Fort Mill, South Carolina Facility to its plant in Mount Vernon, Illinois. Pursuant to 40 C.F.R. ? 711.15(b)(3)(iii), the total annual domestic manufactured volume (not including imported volume) and the total annual imported volume must be reported separately. These amounts must be reported to two significant figures of accuracy. Import records for 2019 provided by Respondent were compared to Respondent's 2020 CDR Report and revealed that the import volumes of Chemicals U, V, and W were under-reported in the CDR Report (not reported to two significant figures of accuracy). The information submitted by Respondent established that Respondent had imported Chemicals S and T for commercial purposes in 2018 but failed to submit PMNs at least 90 calendar days before the first date of import of these chemicals for commercial purposes in 2018, and that Respondent imported these chemicals on 10 occasions in 2018 and 2019 for commercial purposes. At the time Respondent imported Chemicals S and T in 2018 and 2019, the chemical substances were not included in the TSCA Inventory, and therefore were ?new chemical substances? pursuant to 40 C.F.R. ? 720.3(v). At the time of import, Chemicals S and T were neither excluded under 40 C.F.R. ? 720.30 nor exempted pursuant to 40 C.F.R. Part 723. Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of FOUR HUNDRED-FIFTEEN THOUSAND DOLLARS ($415,000.00), which is to be paid within thirty (30) days.

Defendants (1)

• CONTINENTAL TIRE THE AMERICAS, LLCNamed in complaintNamed in settlement

Facilities (1)

• CONTINENTAL TIRE THE AMERICAS, LLC

  1830 MACMILLAN PARK DRIVE, FORT MILL, SC, 29707

  Registry ID: 110071356497

Statutes cited

• TSCA 8 — Reporting & Retention of Information
• TSCA 5A/5B — Failure To Comply With Significant New Use Rules and Pre-manufacture Notice

Enforcement conclusions (1)

• CONTINENTAL TIRE THE AMERICAS, LLCentered 2025-05-19

  Primary law: TSCA

  Federal penalty: $415,000

Timeline (4 milestones)

• 2025-05-19Complaint Filed/Proposed Order
• 2025-05-19Final Order Issued
• 2025-05-21Enforcement Action Data Entered
• 2025-06-18Enforcement Action Closed