Toxic Substances Control Act (TSCA) and the Inventory Reporting Rule

(Washington, DC - July 23, 2012) 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.

On this page:

Haldor Topsoe, Inc. Settlement
Chemtura Corp. Settlement
Bethlehem Apparatus Company, Inc. (BACO) Settlement

Overview of Haldor Topsoe, Inc.

Haldor Topsoe, Inc. is a market leader in the production of catalysts. Catalysts are used by a variety of industries as an energy-saving way to speed up chemical reactions. Haldor Topsoe is a Danish company with a U.S. headquarters in Houston, Texas and a manufacturing facility in Pasadena, Texas. The violations in this enforcement matter occurred at the Pasadena manufacturing facility.

Violations

Haldor Topsoe, Inc. filed a timely but inaccurate and incomplete Partial Updating of the TSCA Inventory Data Base Production and Site Report (Form U) after manufacturing for commercial purposes a number of chemical substances in excess of 25,000 pounds. On or about March 9, 2009, Haldor Topose filed a revised 2006 Form U indicating that the volumes submitted on its original 2006 Form U for nine chemical substances differed from the actual volumes manufactured and imported by the company by significantly more than the 10% variance allowable under the regulation, 40 C.F.R. § 710.52(c)(3)(iv). Additionally, Haldor Topsoe's March 9, 2009 submission included manufacturing information for four additional chemical substances that had not been included on the company's original 2006 Form U report. The deadline for Form U submissions for the 2006 IUR period was March 23, 2007, 40 C.F.R. § 710.53.

The IUR rule requires manufacturers and importers of certain chemical substances included on the TSCA Chemical Substances Inventory (TSCA Inventory) to report on the production volume and location information for each facility producing these chemical substances. For the 2006 IUR reporting period, chemical manufacturers and importers must provide EPA with the relevant information pertaining to chemicals manufactured or imported during calendar year 2005, unless the chemical is excluded from the IUR (40 C.F.R. § 710.46), the manufacturer qualifies under the Small Business exclusion (40 C.F.R. § 710.49) or qualifies for some other exemption under 40 C.F.R. § 710.50. Respondent did not qualify for any of the above exemptions.

Pollutant Reductions

Haldor Topsoe has corrected the violations and there are no additional steps required to remedy any past exposure to the environment.

Health Effects and Environmental Concerns

Haldor Topsoe's violations hindered the Agency's ability to maintain accurate and updated information regarding thirteen commercially-produced chemicals. This information serves as a basis for monitoring exposure to specific chemicals and evaluating the total impact on health and the environment.

Civil Penalty

Haldor Topsoe paid a penalty of $202,779 and a final order (PDF) 3pp, 813K, About PDF ) was issued by the Environmental Appeals Board resolving this matter on July 20, 2012.

For more information, contact:

Erin Saylor
Waste and Chemical Enforcement Division
U. S. Environmental Protection Agency
1200 Pennsylvania Ave, NW (MC 2249A)
Washington, DC 20460
(202) 564-6124
[email protected]

Overview of Chemtura Corporation

The Chemtura Corporation is a marketer of specialty chemicals, polymer products, and processing equipment for a variety of industries. With headquarters in Philadelphia, Pa., Chemtura Corporation manufactures products at 31 sites in 14 countries and sells products in over 100 countries. The violations in this enforcement matter occurred at a Chemtura facility in El Dorado, AR.

Violations

Chemtura failed to file a Partial Updating of the TSCA Inventory Data Base Production and Site Report (Form U) after manufacturing for commercial purposes two chemical substances in excess of 25,000 pounds. On or about March 30, 2012, Chemtura filed a 2006 Form U to the EPA to include both chemical substances. The deadline for Form U submissions for the 2006 IUR period was March 23, 2007, 40 C.F.R. § 710.53.

Human Health and Environmental Concerns

Chemtura's violations hindered the Agency's ability to maintain accurate and updated information regarding two commercially-produced chemicals. This information serves as a basis for monitoring exposure to specific chemicals and evaluating the total impact on health and the environment.

Pollutant Reductions

Chemtura has corrected the violations and there are no additional steps required to remedy any past exposure to the environment.

Civil Penalty

Chemtura paid a penalty to $55,901 and a final order (PDF) 2pp, 649K, About PDF ) was issued by the Environmental Appeals Board resolving this matter on June 25, 2012.

For more information, contact:

Geraldine Gardner
Waste and Chemical Enforcement Division
U. S. Environmental Protection Agency
1200 Pennsylvania Ave, NW (MC 2249A)
Washington, DC 20460
(202) 564-4032
[email protected]

Overview of Bethlehem Apparatus Company, Inc. (BACO)

Bethlehem Apparatus Company, Inc. (BACO) specializes in recycling mercury and mercury-bearing materials. BACO is headquartered in Hellertown, Pa. and operates at two facilities. The violations in this enforcement matter occurred at a Hellertown facility.

Violations

During an inspection of a BACO facility EPA found that BACO had violated the reporting requirements of section 8(a) of the Toxic Substances Control Act (TSCA) and the Inventory Reporting Rule (IUR) at 40 C.F.R. Part 710 for one chemical substance and the section 12(b) TSCA export notification requirements and the section 13 TSCA import certification requirements on a number of occasions for a chemical substance.

The IUR rule requires manufacturers and importers of certain chemical substances included on the TSCA Chemical Substances Inventory (TSCA Inventory) to report on the production volume and location information for each facility producing certain chemical substances. For the 2006 IUR reporting period, chemical manufacturers and importers must provide EPA with the relevant information pertaining to chemicals manufactured or imported during calendar year 2005, unless the chemical is excluded from the IUR (40 C.F.R. § 710.46), the manufacturer qualifies under the Small Business exclusion (40 C.F.R. § 710.49) or qualifies for some other exemption under 40 C.F.R. § 710.50. Respondent did not qualify for any of the above exemptions.

The section 12(b) export notification requirements require any person who exports or intends to export a chemical substance or mixture to notify the EPA of such exportation to a particular country for which a chemical is subject to certain proposed or final testing requirements under sections 4, 5, 6, or 7 of TSCA. EPA provides the TSCA section 12(b) information to the government of an importing country.

The section 13 TSCA import certification requirements require importers to certify that any shipment of a chemical substance complies with TSCA or is not subject to TSCA.

Human Health and Environmental Concerns

BACO's TSCA IUR violation hindered the Agency's ability to maintain accurate and updated information regarding a commercially-produced chemical. This information serves as a basis for monitoring exposure to specific chemicals and evaluating the total impact on health and the environment.

BACO's TSCA section 12(b) violations hindered the Agency's ability to fulfill its statutory responsibility to alert other countries of certain chemical imports. The Agency provides this information to the government of an importing country to allow that country to initiate its own risk assessment process.

BACO's TSCA section 13 violations hindered the Agency's ability to monitor chemical substance imports for compliance with TSCA.

Pollutant Reductions

BACO has corrected the violations and there are no additional steps required to remedy any past exposure to the environment.

Penalty

BACO paid a penalty of $103,433 and a final order (PDF) (2pp, 661K, About PDF) was issued by the Environmental Appeals Board resolving this matter on June 25, 2012.

For more information, contact:

Geraldine Gardner
Waste and Chemical Enforcement Division
U. S. Environmental Protection Agency
1200 Pennsylvania Ave, NW (MC 2249A)
Washington, DC 20460
(202) 564-4032
[email protected]