EPA v. CHROMASCAPE, LLC

Case summary

JULY 15, 2026 - CONSENT AGREEMENT On September 25, 2023, the EPA issued Respondent a Notice of Inspection notifying Respondent that the EPA would be conducting an inspection of Respondent?s Facility pursuant to Section 11(a) of TSCA, 15 U.S.C. ? 2610(a), to evaluate Respondent?s compliance with TSCA. In response to the Notice of Inspection, on October 17, 2023, Respondent submitted certain records to the EPA pertaining to its manufacture, processing, and importation of chemicals. On October 25, 2023, authorized agents of the EPA conducted an inspection at Respondent?s Facility. On request from the EPA, Respondent submitted additional records related to the inspection to the EPA on January 22, 2024. On March 21, 2024, after reviewing records submitted by Respondent, the EPA issued Respondent an Opportunity to Show Cause letter alleging that Respondent had potentially violated of Sections 5, 13, and 15 of TSCA, 15 U.S.C. ?? 2604, 2612, and 2614, by failing 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 a response to the Opportunity to Show Cause letter. The information submitted by Respondent established that Respondent failed to submit a PMN at least 90 calendar days before the first date of import of Chemical A for commercial purposes in 2020, and that Respondent imported Chemical A on two occasions in 2020 for commercial purposes. At the time Respondent imported Chemical A in 2020, the chemical substance was not included in the TSCA Inventory and, therefore, was a ?new chemical substance? pursuant to 40 C.F.R.?? 720.3. and 720.25(a). At the time of import, Chemical A was neither excluded under 40 C.F.R. ? 720.30 nor exempted pursuant to 40 C.F.R. Part 723. Import Certification Requirements for Chemical A [CBI Deleted] On each occasion when Respondent imported Chemical A in 2020, Respondent filed a written certification that the import complied with all applicable rules under TSCA. Respondent asserts it made these certifications in reliance on documentation provided by the supplier of Chemical A. However, because the imported chemical substance had in fact been subject to PMN requirements, and Respondent had not submitted a PMN as required by the rules found at 40 C.F.R. Part 720, Respondent?s certification was incorrect and was not in compliance with the requirements of 19 C.F.R. ? 12.121. Based on the EPA?s investigation, including a review of Respondent's records as set forth above,the EPA alleges that Respondent: a. Failed 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. Submitted 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). Respondent consents to the payment a civil penalty, which was calculated in accordance with the Act, in the amount of THIRTY-SEVEN THOUSAND FOUR HUNDRED DOLLARS ($37,400.00), which is to be paid within thirty (30) days of the Effective Date of this CAFO.

Defendants (1)

• CHROMASCAPE, LLCNamed in complaintNamed in settlement

Facilities (1)

• CHROMASCAPE

  105 WOOD ST, GREENVILLE, SC, 29611

  Registry ID: 110022919083

Statutes cited

• TSCA 13 — Entry into Customs Territory of the U.S.
• TSCA 5A/5B — Failure To Comply With Significant New Use Rules and Pre-manufacture Notice

Enforcement conclusions (1)

• CHROMASCAPE, LLCentered 2026-07-15

  Primary law: TSCA

  Federal penalty: $37,400

Timeline (2 milestones)

• 2026-07-15Final Order Issued
• 2026-07-16Enforcement Action Data Entered