DuPont to pay $3.3M to settle EPA case for failure to report toxic chemical studies

The U.S. Environmental Protection Agency (EPA) on December 21 announced that DuPont has agreed to pay a penalty of $3.3 million to resolve 57 Toxic Substances Control Act (TSCA) violations. DuPont failed to immediately notify EPA of research indicating substantial risk found during testing chemicals for possible use as surface protection, masonry protection, water repellants, sealants and paints. The Toxic Substances Control Act requires companies to inform EPA when they have research demonstrating that a chemical could pose a substantial risk to human health and the environment.

“DuPont failed to comply with the law and notify EPA that it had information on chemicals that could pose a risk to human health and the environment,” said Cynthia Giles, assistant administrator for the Office of Enforcement and Compliance Assurance. “EPA is serious about making companies follow our nation’s laws and protecting public health.

On May 5, 2006, DuPont notified EPA that it had failed to submit chemical toxicity studies on ratsas required by TSCA Section 8(e). On July 12, 2006, DuPont submitted studies that contained information on chemical toxicity when certain chemicals are inhaled. EPA determined that 57 of the studies contained information on chemicals that could present a substantial risk of injury to health or the environment and therefore subject to the TSCA Section 8(e). Full compliance with TSCA reporting requirements allows EPA to understand and limit, when necessary, potential hazards associated with manufacturing, use, and disposal of chemical substances.

DuPont is a chemical manufacturer that provides products and services for markets including agriculture, nutrition, electronics, communications, safety and protection, home and construction, transportation and apparel. DuPont is based in Wilmington, Del., and operates in approximately 90 countries.

To view a copy of the consent agreement:
http://yosemite.epa.gov/oa/EAB_Web_Docket.nsf/Filings%20By%20Appeal%20Number/972AA52D3BEADFE0852577FF0059A226/$File/Consent%20Agreement...1.pdf

More Information about TSCA Section 8(e) Requirements:
http://www.epa.gov/oppt/tsca8e/