EPA v. ROHM & HAAS COMPANY

Case summary

OCM-OPTS HAS REFERRED FOR OECM-SLD CONCURRENCE AN ADMINIS- TRATIVE COMPLAINT AGAINST THE ROHM AND HAAS COMPANY, INC. OF PHILADELPHIA, PA. COMPLAINT ALLEGES FIFTEEN COUNTS OF FAIL- URE TO MAINTAIN ALL UNDERLYING RAW DATA SUBMITTED IN SUPPORT OF VARIOUS PESTICIDE REGISTRATIONS, VIOLATIONS OF FIFRA SEC. 8, 7 U.S.C. SEC.136F. FIFRA SEC.8(A) AUTHORIZES EPA TO PRESCRIBE REGULATIONS RE- QUIRING PESTICIDE PRODUCERS TO MAINTAIN SUCH RECORDS WITH RESPECT TO THEIR OPERATIONS, AND THE PESTICIDES AND DEVICES PRODUCED THEREBY, AS DEEMED NECESSARY FOR THE EFFECTIVE EN- FORCEMENT OF THE ACT. 40 C.F.R. SEC 169.2(K) REQUIRES THAT ALL PRODUCERS OF PESTICIDES, DEVICES, OR ACTIVE INGREDIENTS USED IN PRODUCING PESTICIDES MUST KEEP RECORDS CONTAINING RE SEARCH DATA RELATING TO REGISTERED PESTICIDES INCLUDING ALL TEST REPORTS SUBMITTED TO EPA IN SUPPORT OF REGISTRATION OR IN SUPPORT OF A TOLERANCE PETITION, ALL UNDERLYING RAW DATA, AND INTREPRETATIONS AND EVALUATIONS THEREOF. FIFRA SEC.12(A)(2)(B), 7 U.S.C. SEC136J(A)(2)(B), PROVIDES THAT IT IS UNLAWFUL TO REFUSE TO KEEP RECORDS REQUIRED BY SEC.8. ON SEVERAL OCCASIONS BETWEEN NOVEMBER 9, 1976 AND FEB. 4, 1985, ROHM AND HAAS COMPANY SUBMITTED TO THE AGENCY REPORTS OF TESTS, CONDUCTED ON ITS BEHALF BY CANNON LABORATORIES, IN SUPPORT OF THE REGISTRATION OF VARIOUS PESTICIDE PRODUCTS PRODUCED BY THE COMPANY. THE VARIOUS PESTICIDE PRODUCTS WERE REGISTERED BY EPA BASED UPON THE SUBMITTED TEST REPORTS ON MARCH 27, 1986, ROHM AND HAAS COM. INFORMED THE AGENCY THAT THE UNDERLYING RAW DATA, AND THE INTREPRETATIONS AND EVALUATIONS THEREOF, OF TESTS CITED IN THE SUBMITTED REPORTS WERE NOT MAINTAINED BY THE COMPANY (SEE ATTACHED LETTER FROM ROHM AND HAAS TO NEYLAN, DATED MARCH 27, 1986.

Defendants (1)

• ROHM & HAAS COMPANYNamed in complaintNamed in settlement

Facilities (2)

• ROHM & HAAS CHEMICALS LLC

  100 NORTH INDEPENDENCE MALL WEST, PHILADELPHIA, PA, 19106

  Registry ID: 110024204207

• ROHM & HAAS CHEMICALS LLC

  100 NORTH INDEPENDENCE MALL WEST, PHILADELPHIA, PA, 19106

  Registry ID: 110024204207

Statutes cited

• FIFRA FIFRA — Fed. Insect, Fung & Rod Act

Enforcement conclusions (1)

• ROHM & HAAS COMPANYentered 1988-04-15

  Primary law: FIFRA

  Federal penalty: $27,720

Timeline (4 milestones)

• 1986-07-08Enforcement Action Data Entered
• 1986-07-08Complaint Filed/Proposed Order
• 1988-04-15Final Order Issued
• 1988-04-15Enforcement Action Closed