Inventory violations

Section 8(a) inventory violations are assessed per chemical and 8(a) lUR violations are assessed per chemical per site. The Consent Agreement in In the Matter ofKanto Corporatiori provides an example of violations being assessed per chemical per site for violations of the lUR. Kanto Corporation (Kanto) was penalized for faifing to file a form U lUR report for six chemical substances on time. The form was required to be filed by December 23,2002. 

Gupta/Maranas (2003) as one example for a demand uncertainty model present a demand and supply network planning model to minimize costs. Production decisions are made here and now and demand uncertainty is balanced with inventories independently incorporating penalties for safety stock and demand violations. Uncertain demand quantity is modeled as normally distributed random variables with mean and standard deviation. The philosophy to have one production plan separated from demand uncertainty can be transferred to the considered problem. Penalty costs for unsatisfied demand and normally distributed demand based on historical data... 

A major limitation of receptor models is their inability to distinguish between specific sources within a source type. Resuspended road dust may be a major cause of standard violations, but until the offending roadways can be pinpointed, a control strategy cannot be implemented. A major limitation of source models is the necessity to estimate emission rates from the many, diverse producers of suspended particulate matter. The receptor model quantifies the source type contributions. Only the major contributors need to be evaluated for the source model, so that resources which might have been used to inventory... 

In 1970, new efforts were underway to solve Portland s suspended particulate problem. Early efforts relied on available emission factors and industrial source testing, as a basis for the emission Inventory. The inventory was then used, with a proportional rollback model, as a basis for the new strategy. New industrial controls were Installed which resulted in a 60,000 tons per year region-wide reduction in industrial emissions. Although progress toward cleaner air was made, air quality standard violations caused by then unknown sources continued and modeling efforts failed to account for over one-half of the particulate mass. 

Authority to make inspections, review and copy documents, and take samples and collect other evidence Ability to enforce requirements and to remove products found in violation of such requirements from the market Substansive manufacturing requirements Accountability of the regulatory authority Inventory of current products and manufacturers System for maintaining or accessing inspection reports, samples and other analytical data, and other firm/product information Mechanisms in place to assure appropriate professional standards and avoidance of conflicts of interest Administration of the regulatory authority... 

If we use distillate flow from the recycle column to control overhead receiver level, then we see that all of the flows around the liquid recycle loop are set on the basis of level. This violates our original statement to fix the toluene recycle flow. We are then left with the question how to control the overhead receiver level in the recycle column. We can use the fresh makeup toluene feed to control this level since it represents the toluene inventory in the process. Such a scheme limits large flowrate changes to the refining section and automatically ensures the component balance for toluene. 

The consequences of inadvertently causing a customer or other downstream user to violate TSCA s Inventory and PMN requirements are sufficiently onerous that the reaction product with type of representation should be used as rarely as possible. 

For example, each new act of manufacturing a substance could be a TSCA violation if the substance is not on the Inventory, and so it may be critical to refer back to the original PMN to prove that the substance was correctly described in the PMN. 

The regulations require retaining all records relating to an R D exemption for five years after the records are developed. In practice, it is necessary to retain these records for five years after the R D substance is either put on the Inventory or no longer used. The statute of limitations for TSCA violations is five years, and a manufacturer bears the burden of proving compliance with the R D exemption for five years after it ceases to rely on the R D exemption. 

The definition of manufacture or import for commercial purposes makes clear that chemicals formed during disposal are made for commercial pur-poses. It also clarifies that these substances may be impurities or byproducts. Note that substances that are required to be on the Inventory but which have not been put on the Inventory may stiU be disposed of without violating TSCA, " provided the disposal does not violate a chemical-specific rule or order. 

The penalty for a variable 13 violation is capped at the amount of a Circumstance Level 3, Significant Extent violation, per countd It is important to note that 12 and 13 penalties are in addition to penalties for the underlying violation. For example, if a substance was imported with a positive certification, but should have been on the TSCA Inventory and was not, the EPA may impose both penalties for the incorrect certification and for the violation of the Inventory requirements. 

The EPA can also reduce a penalty by up to 25 percent if the violation can reasonably be considered out of the violator s control. The 5 ERP gives an example of an importer who relies on an incorrect certification from the supplier that the chemical is on the Inventory, when in fact it is not, provided also that the importer knew only the trade name of the chemical substance and not the chemical identity. Presumably if the importer knew the chemical identity it should have checked the Inventory itself. ... 

There are many circumstances in which it is not possible to argue that a violation was found during an audit. For example, if a toxicologist receives a study of adverse effects of a chemical and realizes that the chemical tested is not described correctly, that could lead to the further realization that the company has been using an incorrect Chemical Abstract Services (CAS) Number for the chemical. If the correct CAS Number is not listed on the TSCA Inventory, then the company may have violated the PMN requirements of TSCA 5. This discovery would not be in the context of an audit because it was not made during a systematic review of company operations. Similarly, no spontaneous discovery of a potential violation outside of the... 

If the EPA has not issued a TME for a chemical substance that is being test-marketed, but is not on the Inventory, the seller may be in violation of TSCA, and the buyer may be at risk for penalties and business disruptions if it continues manufacturing that product. Note that the EPA does not transfer TMEs, but such exemptions are in any event time-limited and of short duration. 

If the EPA has not issued a LoREX exemption for a chemical substance that is being manufactured, but is not on the Inventory, the seller may be in violation of TSCA. 

If the seller is not in compliance with the requirements of the R D exemption then the substance must be on the Inventory or the seller maybe in violation of TSCA. 

Section 15 of TSCA prohibits use for commercial purposes of any substance if such person knew or had reason to know it was manufactured in violation of the Premanufacture Notification requirements. 15 U.S.C. i 2614. Therefore any substance not on the TSCA Inventory should be quarantined until its disposition is determined. Similarly a substance that was made with an isolated intermediate that is not on the Inventory cannot be used for a commercial purpose even if that end product is on the Inventory. 

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