EPA filed a complaint under the Toxic Substances Control Act (TSCA) against the world’s largest producer of chromium chemicals for failing to inform the agency of findings from an epidemiological study showing a “substantial risk” of injury to health among workers exposed to hexavalent chromium (CrVI).
The September 2, 2010 notice alleges that Elementis Chromium failed or refused to submit to EPA a study conducted for an industry trade group that showed evidence of excess lung cancer risk among workers in chromium production facilities.
EPA asserts that Elementis Chromium’s violation of TSCA 8(e) began in October 2002. Only after receiving a subpeona from EPA in August 2008 did the firm submit the study to the agency. In the current notice, EPA explains its authority for assessing a civil penalty (as much as $32,500 per day) and procedures for the company to request a formal hearing to contest the appropriateness of the penalty, and admit, deny or explain the allegations contained in the agency’s complaint.
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