EPA v. ELF ATOCHEM NORTH AMERICA, INC.

Case summary

1. SECTION 16(A) OF THE TOXIC SUBSTANCES CONTROL ACT, 15 U.S.C. SECTION 2601 ET SEQ., ( TSCA ). 2. ELF ATOCHEM NORTH AMERICA, INC. 18000 CROSBY EASTGATE ROAD CROSBY, TEXAS 77532 3. RESPONDENT WAS IN VIOLATION OF SECTION 8(A) AND 15(3)(B) OF TSCA BY FAILING TO SUBMIT A FORM U FOR CHEMICAL A AND B, AND SECTION 5(A)(1), 15(1)(B) AND 15(3)(B) OF TSCA BY FAILING TO SUBMIT A PREMANUFACTURE NOTICE TO EPA FOR CHEMICAL C AT LEAST 90 DAYS BEFORE RESPONDENT MANUFAC- TURED CHEMICAL C FOR COMMERCIAL PURPOSES. 4. RELIEF SOUGHT PURSUANT TO SECTION 16 OF TSCA, EPA PRO- POSES A CIVIL PENALTY OF $34,000 FOR COUNT 1 OF THE COM- PLAINT AND $85,000 FOR THE SECOND COUNT. THE TOTAL PRO- POSED PENALTY IS $119,000. 5. THE COMPLAINT CONTAINS CONFIDENTIAL BUSINESS INFORMATION ( CBI ).

Defendants (1)

• ELF ATOCHEM NORTH AMERICA, INC.Named in complaintNamed in settlement

Facilities (1)

• ATOFINA CHEMICALS INCORPORATED

  18000 CROSBY EASTGATE ROAD, CROSBY, TX, 77532

  Registry ID: 110000463258

Statutes cited

• TSCA 151B — Toxic Sub Control Act
• TSCA 151A — Toxic Sub Control Act
• TSCA 153B — Toxic Sub Control Act
• TSCA 8A — Failure To Comply With Preliminary Assessment Inf. Reporting & Chemical Specific Recordkeeping Rules

Enforcement conclusions (1)

• ELF ATOCHEM NORTH AMERICA, INC.entered 1996-05-10

  Primary law: TSCA

  Federal penalty: $83,300

Timeline (5 milestones)

• 1996-02-12Enforcement Action Data Entered
• 1996-02-12Complaint Filed/Proposed Order
• 1996-05-10Final Order Issued
• 1996-06-07Compliance Achieved
• 1996-06-28Enforcement Action Closed