CEH Lawsuit Charges Violations of EPA Reporting Regulations by Importers of Toxic Chemicals

Failure to report involves millions of pounds of toxic chemicals and prevents EPA and communities from identifying threats to public health

OAKLAND, Calif., June 20, 2024 /PRNewswire/ — Today, the Center for Environmental Health (CEH) filed suit against AOC, LLC for failing to report imports of toxic chemicals to the Environmental Protection Agency, a violation of the Chemical Data Reporting (CDR) rule under the Toxic Substances Control Act or TSCA.

AOC, LLC is a chemical manufacturer located in Piperton, Tennessee. According to CEH’s investigation, AOC failed to report imports totaling millions of pounds of Phthalic Anhydride, Dicyclopentadiene, and Neopentyl Glycol.

Because of the critical importance of CDR reporting to addressing chemical risks and protecting communities, CEH systematically analyzes import data for numerous companies and chemicals and expects its ongoing investigation will disclose additional violations, resulting in more lawsuits, as well as legal settlements.

“With a new cycle of CDR reporting just beginning on June 1, these cases should remind companies of the consequences of failing to comply with these important requirements, particularly for imported chemicals that have been falling through the cracks,” said Bob Sussman, CEH counsel and former EPA official.

CDR reporting is critical in protecting workers and communities because, according to EPA, the “exposure information [reported]is an essential part of developing risk evaluations and . . . collecting this exposure information is critical to [EPA’s] mission of characterizing exposure [and]identifying potential risks.”

These chemicals were imported between 2016 and 2019 but do not appear to have been reported by the January 29, 2021 reporting deadline as required by the Chemical Data Reporting rule.

“The reporting violations uncovered in our investigation are more evidence of a gaping hole in the safety net that safeguards vulnerable populations, namely communities of color and low-income communities,” said Kizzy Charles-Guzman, Chief Executive Officer at the Center for Environmental Health. “CEH is proud to be a nonprofit watchdog on hazardous chemicals, stepping in to ensure EPA enforcement, protecting all communities from toxic exposures.”

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SOURCE Center for Environmental Health