EPA Accuses Chromium Company of Withholding Study

Potential fine
of $69,685,000

On September 2, 2010 EPA filed a complaint against Elementis Chromium because Elementis allegedly received health hazard information that it did not pass onto EPA under TSCA section 8(e) which requires immediate notification of EPA of any, “information that which reasonably supports the conclusion that such substance or mixture presents a substantial risk of injury to health or environment.”  Below is an outline of the claims and violations.

Claims and violations by EPA against Elementis Chromium in Docket number: TSCA-HQ-2010-5022

• Largest manufacturer, in the world, of  chromium and chromium products
• Chemicals and mixtures produced distributed into commerce; thus, regulated under TSCA
• Study of specific health effects related to the company’s processes performed by trade association
• Draft and final reports reviewed by company officials
• Company officials had knowledge of this study through trade association involvement
• These reports represented information that reasonably supports the health hazards of chromium
• Over 6 years later notification was performed under EPA subpoena
• Notification should have been done immediately under TSCA section 8(e) upon review of reports
• This is a direct violation of TSCA section 15(3)(B) a failure to submit reports
• Fines will be on a per day basis from October 8, 2002 through November 17, 2008 (~ $30,000/day)
• Fines will be based on nature, circumstances, extent, and gravity of alleged violations as well as ability to pay, effect on business, history of prior violations, and other matters of justice.  TSCA section 16(a)(2)(B)
• Nonadjusted fine $69,685,000
• EPA sees violations as serious and major along with company size means violation relief less likely

Bottom Line: 

• Any knowledge of adverse health effects, whether company funded or not, must be reported.

For more information click HERE.

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