EPA v. NICCA USA, INC

Case summary

12/11/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $315,000.00.00 DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON JUNE 2, 2023, THE EPA SENT RESPONDENT A NOTICE OF INSPECTION PURSUANT TO SECTION LL(A) OF TSCA, 15 U.S.C. ? 2610(A), 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 PRIOR TO THE INSPECTION PERTAINING TO ITS MANUFACTURE, EXPORT, AND IMPORTATION OF CHEMICALS. ON JUNE 27, 2023, THE EPA CONDUCTED THE TSCA INSPECTION AT RESPONDENT'S FACILITY AND DISCUSSED WITH THE RESPONDENT RECORDS SUBMITTED. ON APRIL 8, 2024, AFTER REVIEWING THE RECORDS, THE EPA ISSUED RESPONDENT AN OPPORTUNITY TO SHOW CAUSE LETTER IDENTIFYING POTENTIAL VIOLATIONS OF SECTIONS 5, 12, 13, AND 15 OF TSCA, 15 U.S.C. ?? 2604, 2611, 2612, AND 2614, ARISING FROM RESPONDENT'S APPARENT FAILURE TO COMPLY WITH THE PMN REGULATIONS UNDER 40 C.F.R. PART 720, EXPORT NOTIFICATIONS UNDER 40 C.F.R. ? 707.60, AND THE IMPORT CERTIFICATION REQUIREMENTS FOUND UNDER 19 C.F.R. ? 12.121, AS RESTATED IN 40 C.F.R. ? 707.20. ON APRIL 26, 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)(1) AND 15(3) OF TSCA, 15 U.S.C. ?? 2604(A)(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)(1) AND SECTION 15(1) OF TSCA, 15 U.S.C. ? 2614(1). C. FAILING TO SUBMIT TSCA SECTION 12(B) EXPORT NOTICES TO THE EPA FOR CHEMICALS B AND C WITHIN SEVEN DAYS OF THE DATE OF EXPORT FOR THE FIRST EXPORT OF CHEMICAL B TO BRAZIL, EL SALVADOR, HONDURAS, AND MEXICO, AND CHEMICAL C TO MEXICO, IN VIOLATION OF 40 C.F.R. ?? 707.60(A), 707.65(A)(1)(II), AND 707.65(A)(2), AND SECTION 15(3) OF TSCA, 15 U.S.C. ? 2614(3).

Defendants (1)

• NICCA USA, INCNamed in complaintNamed in settlement

Facilities (1)

• NICCA USA, INC.

  1044 NELSON DR., FOUNTAIN INN, SC, 29644

  Registry ID: 110000854326

Statutes cited

• TSCA 13 — Entry into Customs Territory of the U.S.
• TSCA 12 — Exports
• TSCA 5H — Failure To Comply With New Chemical

Enforcement conclusions (1)

• NICCA USA, INCentered 2024-12-11

  Primary law: TSCA

  Federal penalty: $315,000

Timeline (3 milestones)

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