EPA v. Clariant Corporation

Case summary

Clariant admitted violations of section 5 ofTSCA, 15 U.S.C. § 2604, and section 15 of TSCA, 15 U.S.C. § 2614. Specifically, Clariant failed to submit a premanufacture notification (PMN) to the EPA Administrator, as required by 40 C.F .R. Part 720, regarding the Company's intention to manufacture a new chemical substance. This failure constituted violations of TSCA sections 5(a)(l), 15(1)(B) and 15(3)(B). 15 U.S.C. §§ 2604(a)(1), 2614(l)(B), and 2614(3)(B). Clariant also disclosed that it violated TSCA section 8(a), the Notice ofCommencement (NOC) regulations, when it failed to submit a Notice of Manufacture or Import for one chemical substance no later than 30 calendar days after the date it first manufactured or imported the new chemical for commercial purposes and the TSCA 8( e) reporting requirements when Clariant failed to submit to EPA two acute rat inhalation studies involving a chemical substance that had not been previously reported to the Agency as required by TSCA section 8(e).

Defendants (1)

• Clariant CorporationNamed in complaintNamed in settlement

Facilities (3)

• CLAIANT CORPORATION

  500 WASHINGTON STREET, COVENTRY, RI, 02816

  Registry ID: 110000312135

• CLAIANT CORPORATION

  500 WASHINGTON STREET, COVENTRY, RI, 02816

  Registry ID: 110000312135

• CLAIRANT CORPORATION

  4000 MONROE ROAD, CHARLOTTE, NC, 28205

  Registry ID: 110001479613

Statutes cited

• TSCA 8A — Failure To Comply With Preliminary Assessment Inf. Reporting & Chemical Specific Recordkeeping Rules
• TSCA 5A/5B — Failure To Comply With Significant New Use Rules and Pre-manufacture Notice

Enforcement conclusions (1)

• Clariant Corporationentered 2010-05-20

  Primary law: TSCA

Timeline (3 milestones)

• 2009-01-26Complaint Filed/Proposed Order
• 2010-05-20Final Order Issued
• 2010-06-03Enforcement Action Data Entered