EPA v. General Motors Company and Ultium Cells LLC

Case summary

Respondents failure to submit a PMN at least ninety (90) days before manufacturing (importing) Chemicals A, B, and/or C for commercial purposes constitutes a failure to comply with section 5 of TSCA, 15 U.S.C. ? 2604, which is a prohibited act under section 15(1) of TSCA, 15 U.S.C. 2614(1).13. Respondent also failed to submit proper certifications under section 13 of TSCA prior to importing Chemicals A, B, and C constitutes a failure to comply with section 13 of TSCA, which is a prohibited act under section 15(3)(B) of TSCA, 15 U.S.C. 2614(3)(B), Finally Respondent Ultium Cells processing and use of existing stocks of Chemicals A, B, and C from the date of discovery on January 24, 2023, to March 7, 2023, constitutes a violation of TSCA section 15(2), 15 U.S.C. ? 2614(2)).

Defendants (2)

• Ultium Cells LLCNamed in complaintNamed in settlement
• General Motors CompanyNamed in complaintNamed in settlement

Facilities (1)

• GENERAL MOTORS COMPANY

  300 RENAISSANCE CENTER, DETROIT, MI, 48243

  Registry ID: 110010589577

Statutes cited

• TSCA 15-2 — Knowing Commercial Use [15(2)]
• 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)

• General Motors Company and Ultium Cells LLCentered 2023-11-20

  Primary law: TSCA

  Federal penalty: $654,150

Timeline (3 milestones)

• 2023-11-20Final Order Issued
• 2023-11-20Complaint Filed/Proposed Order
• 2024-01-10Enforcement Action Data Entered