EPA v. ALBEMARLE CORPORATION

Case summary

12/11/2024 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $212,480.00 DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON JUNE 22, 2022, 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, EXPORTATION, AND IMPORTATION OF CHEMICALS. ON AUGUST 30, 2022, THE EPA CONDUCTED THE TSCA INSPECTION AT RESPONDENT?S FACILITY AND ON OCTOBER 4, 2022, THE EPA CONDUCTED A CALL WITH RESPONDENT DURING WHICH THE EPA INSPECTOR AND RESPONDENT DISCUSSED THE RECORDS SUBMITTED. ON MAY 23, 2024, AFTER REVIEWING THE RECORDS, THE EPA ISSUED RESPONDENT AN OPPORTUNITY TO SHOW CAUSE LETTER IDENTIFYING POTENTIAL VIOLATIONS OF TSCA SECTION 8 PERTAINING TO CDR REPORTING. ON OCTOBER 6, 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 AS SET FORTH ABOVE, THE EPA ALLEGES THAT RESPONDENT VIOLATED TSCA BY FAILING TO: A. SUBMIT A 2020 CDR REPORT FOR THE IMPORTED CHEMICALS B, C, E, AND F DURING THE 2020 CDR SUBMISSION PERIOD WHICH ENDED ON JANUARY 29, 2021, IN VIOLATION OF 40 C.F.R. ?711.15, AND SECTIONS 8 AND 15 OF TSCA, 15 U.S.C. ?? 2607 AND 2614; AND B. REPORT VOLUMES OF THE IMPORTED CHEMICALS K, M, N, P, Q, AND R TO TWO SIGNIFICANT FIGURES OF ACCURACY IN VIOLATION OF 40 C.F.R. ? 711.15(B)(3)(III).

Defendants (1)

• ALBEMARLE CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• ALBERMARLE CORPORATION

  4250 CONGRESS STREET, SUITE 900, CHARLOTTE, NC, 28290

  Registry ID: 110071087684

Statutes cited

• TSCA 8B — Failure To Comply With Invention Update Rule
• TSCA 8 — Reporting & Retention of Information

Enforcement conclusions (1)

• ALBEMARLE CORPORATIONentered 2024-12-11

  Primary law: TSCA

  Federal penalty: $212,480

Timeline (3 milestones)

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