EPA Fines Violators for Failure to Report Chemical Data

FOR IMMEDIATE RELEASE
July 23, 2012

EPA Fines Violators for Failure to Report Chemical Data

WASHINGTON – The U.S. Environmental Protection Agency (EPA) has issued complaints seeking civil penalties against three companies for alleged violations of the reporting and recordkeeping requirements under the Toxic Substances Control Act (TSCA). The alleged violations involved the companies’ failure to comply with EPA’s TSCA section 8 Inventory Update Reporting (IUR) regulations, which require companies to submit accurate data about the production and use of chemical substances manufactured or imported during a calendar year. Under TSCA, penalties can be assessed up to $37,500 per day, per violation.

Formerly known as the IUR, the TSCA Chemical Data Reporting Rule requires the collection of information about existing chemicals on the market by requiring periodic reports about the production and use of chemicals to help understand the risks they may pose to human health and the environment. The data collected by EPA is the most comprehensive source of information for chemicals currently in commerce in the U.S.

The reporting deadline for the 2006 IUR rule ended in March of 2007. EPA’s enforcement efforts have led to 43 civil enforcement actions and approximately $2.3 million dollars in civil penalties against companies that failed to report required chemical data information. The reporting deadline for the 2012 submission period of the Chemical Data Reporting Rule is August 13, 2012.

The three most recent cases are against Chemtura Corporation, Bethlehem Apparatus Company, and Haldor Topsoe, Inc., and resulted in penalties totaling $362,113.

The Chemtura Corporation is headquartered in Philadelphia, Pa. and has a facility located in El Dorado, Arizona. In a May 31, 2012 complaint, EPA alleged that the facility failed to report two chemicals pursuant to the 2006 IUR rule and assessed a penalty of $55,901. The company corrected the violations, paid the penalty and a final order was issued by the Environmental Appeals Board (EAB) on June 25, 2012.

During an inspection of the Bethlehem Apparatus Company, located in Hellertown, Pa., EPA found that the facility was in violation of the 2006 IUR Rule for one chemical substance. EPA also determined during the inspection that the company had failed to comply with the export notification requirements as required under TSCA section 12(b) and the import certification requirements as required under TSCA section 13 on a number of occasions for the same chemical substance. The company corrected the violations and paid a $103,433 penalty proposed in a May 31, 2012 complaint.

Haldor Topsoe, Inc., headquartered in Houston, Texas, is subject to a TSCA complaint that was filed on June 20, 2012. The complaint alleged that that the company had violated the 2006 IUR rule for 13 chemical substances. The complaint assessed a proposed penalty of $202,779, which the company paid on July 2, 2012.

More information about the settlements and EPA’s TSCA enforcement program: 

http://www.epa.gov/compliance/resources/civil/tsca/tscaiur.html

More information about TSCA reporting requirements: http://www.epa.gov/iur/

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EPA Announces TSCA Work Plan Chemicals - Lynn Bergeson - Pollution Engineering

EPA Announces TSCA Work Plan Chemicals - Lynn Bergeson - Pollution Engineering

Dover Chemical Corp. to Pay $1.4 Million in Penalties

From EPA:

Dover Chemical Corporation in Ohio to Pay $1.4 Million for Unauthorized Production of Chemical Substances

WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that Dover Chemical Corporation has agreed to pay $1.4 million in civil penalties for the unauthorized manufacture of chemical substances at facilities in Dover, Ohio and Hammond, Ind. The settlement resolves violations of the Toxic Substances Control Act (TSCA) premanufacture notice obligations for its production of various chlorinated paraffins. Dover Chemical produces the vast majority of the chlorinated products sold in the United States. As part of the settlement, Dover Chemical has ceased manufacturing short-chain chlorinated paraffins, which have persistent, bioaccumulative and toxic (PBT) characteristics. PBTs pose a number of health risks, particularly for children, including genetic impacts, effects on the nervous system, and cancer. Dover Chemical will also submit premanufacture notices to EPA for various medium-chain and long-chain chlorinated paraffin products.
“Assuring the safety of chemicals is one of EPA’s top priorities,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s action reinforces the need for chemical manufacturers to follow the law and protects Americans from chemicals that could be harmful to their health.” 
“This settlement will require Dover to participate in an EPA review of all types of chlorinated paraffin products sold by the company and bring Dover into compliance with the Toxic Substances Control Act,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division of the Department of Justice. “By halting production of short-chain chlorinated paraffins, this settlement will reduce undue risks to human health and the environment.”
Chlorinated paraffins are a family of chemical substances with different properties depending on their carbon chain lengths and are generally identified as short, medium, or long-chain. Chlorinated paraffins are used as a component of lubricants and coolants in metal cutting and metal forming operations, as a secondary plasticizer and flame retardant in plastics, and as an additive in paints. Short-chain chlorinated paraffins, however, have been found to be bioaccumulative in wildlife and humans, persistent and transported globally in the environment, and toxic to aquatic animals at low concentrations. EPA has developed an action plan for these chemicals based on the potential for significant impacts on the environment. The environmental and health concerns relating to medium-chain chlorinated paraffins and long-chain chlorinated paraffins may be similar to those associated with short-chain chlorinated paraffins. Those chemicals may also be persistent and bioaccumulative based on their physical-chemical properties, bioaccumulation modeling, and because they are also found in the environment.
In 1978, EPA compiled the initial TSCA Inventory of chemical substances from industry submissions and those substances were grandfathered onto the TSCA Inventory without additional human health or environmental review. Chemical substances not on the TSCA Inventory constitute “new chemical substances” for which a premanufacture notice (PMN) must be submitted to EPA at least 90 days before a company begins producing the substance. A PMN includes information such as the specific chemical identity, use, anticipated production volume, exposure and release information, and existing available test data. EPA identifies risks associated with new chemicals through the PMN process. In the PMN process, EPA can require additional testing or issue orders prohibiting or limiting the production or commercial use of such substances.
The proposed settlement agreement, lodged in the U.S. District Court for the Northern District of Ohio, is subject to a 30-day public comment period and approval by the federal court.
More information on the settlement: http://www.epa.gov/compliance/resources/cases/civil/tsca/doverchemical.html

Titan Environmental Services to Pay $10,878 Penalty

News release from EPA Region 7:

U.S. Environmental Protection Agency, Region 7

901 N. Fifth St., Kansas City, KS 66101

Iowa, Kansas, Missouri, Nebraska, and Nine Tribal Nations

Titan Environmental Services to Pay $10,878 for Violations of Residential Lead-Based Paint Hazard Reduction Act

Contact Information: Chris Whitley, 913-551-7394, whitley.christopher@epa.gov

Environmental News

FOR IMMEDIATE RELEASE

(Kansas City, Kan., Feb. 6, 2012) - Titan Environmental Services, Inc., of Kansas City, Mo., has agreed to pay a $10,878 civil penalty to the United States to settle a series of violations of the Residential Lead-Based Paint Hazard Reduction Act, including failures to provide required hands-on training to contractors and other renovation professionals who enrolled in some of its training courses.

As part of its settlement with EPA Region 7, and in addition to paying the $10,878 civil penalty, Titan Environmental Services has agreed to offer the federally-required hands-on training at no cost to trainees who were enrolled in the company’s classes where EPA found violations.

The company has also agreed to perform a supplemental environmental project, through which it will spend at least $97,902 to fund lead abatement activities at five residential properties in St. Joseph, Mo. The project will cover window replacement and lead-based paint abatement, to be performed by entities licensed and/or certified by the State of Missouri. Titan Environmental Services must submit detailed work plans to EPA for approval before the abatement activities begin, and follow-up reports to the Agency when those activities are completed, under terms of the settlement.

According to an administrative consent agreement and final order filed by EPA Region 7 in Kansas City, Kan., Titan Environmental Services’ violations of the Residential Lead-Based Paint Hazard Reduction Act were based on findings from three EPA inspections: a May 2010 recordkeeping inspection at the company’s Kansas City business office, an October 2010 inspection at a lead-based paint training course given by the company at a hotel in Osage Beach, Mo.; and an October 2010 follow-up recordkeeping inspection at the company’s business office.

The Residential Lead-Based Paint Hazard Reduction Act of 1992, which amended the Toxic Substances Control Act (TSCA), was designed to address the need to control exposure to lead-based paint hazards. The law directs EPA to regulate the accreditation of training programs offered to renovation professionals, including minimum requirements for training providers, training curriculum, training hours, hands-on training, trainee competency and proficiency, and requirements for training program quality control.

Common renovation activities like sanding, cutting and demolition can produce hazardous lead dust that can be harmful to adults and children.

EPA’s inspections found that, despite being accredited in August 2009 to offer training in the Renovator Initial Course – English, Titan Environmental Services: 

• Failed to properly notify EPA at least seven days in advance of offering training on at least six occasions during 2010.
• Failed to properly notify EPA within 10 days after completions of training on at least 35 occasions during 2010.
• Failed to maintain and make available to EPA necessary documents showing the education, work experience, training requirements or demonstrated experience for the principal instructor of a course offered in April 2010.
• Failed to cover all required portions of hands-on training activities during training courses provided on at least four occasions in April 2010 and October 2010.
• Failed to maintain and make available to EPA the necessary student assessment forms for training courses provided on at least two occasions in April 2010. 

By agreeing to the settlement with EPA, Titan Environmental Services has certified that it is presently in compliance with the applicable federal regulations.

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EPA to Begin Sampling Water at Some Residences in Dimock, PA

From EPA Region 3 news release:

EPA to Begin Sampling Water at Some Residences in Dimock, Pa.

           PHILADELPHIA (Jan. 19, 2012) – The U.S. Environmental Protection Agency announced today that it plans to perform water sampling at approximately 60 homes in the Carter Road/Meshoppen Creek Road area of Dimock, Pa. to further assess whether any residents are being exposed to hazardous substances that cause health concerns. EPA’s decision to conduct sampling is based on EPA’s review of data provided by residents, Cabot Oil and Gas, and the Pennsylvania Department of Environmental Protection.

“EPA is working diligently to understand the situation in Dimock and address residents’ concerns,” said EPA Regional Administrator Shawn M. Garvin. “We believe that the information provided to us by the residents deserves further review, and conducting our own sampling will help us fill information gaps. Our actions will be based on the science and the law and we will work to help get a more complete picture of water quality for these homes in Dimock.”

The sampling will begin in a matter of days and the agency estimates that it will take at least three weeks to sample all the homes. All sampling is contingent on access granted to the property. EPA expects validated results from quality-tested lab to be available in about five weeks after samples are taken.

In addition, EPA is taking action to ensure delivery of temporary water supplies to four homes where data reviewed by EPA indicates that residents’ well water contains levels of contaminants that pose a health concern. EPA will reevaluate this decision when it completes sampling of the wells at these four homes. Current information on other wells does not support the need for alternative water at this time. However, the information does support the need for further sampling.