Bedoukian Research Inc. (Board decision, February 6, 2025)

In re Bedoukian Research Inc. (EAB TSCA Appeal No. 25-02C and EPCRA Appeal No. 25-01C): chemical reporting and new substance settlement approved

Decision type
Board decision
Dockets
TSCA 25-02C, EPCRA 25-01C
Decided
February 6, 2025
Outcome
Settled
Precedential status
Citable Board precedent
Checked against source
2026-08-21

Apply this precedent to your situation

This is citable Board precedent from 2025, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Final EAB decision
This Environmental Appeals Board Final Order is a final disposition of the enforcement proceeding. The Board ratified the Consent Agreement, ordered Bedoukian Research Inc. to comply with its conditions, and approved a $671,899 civil penalty. The full text below is the official EPA release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official EPA EAB release. The full text is the agency's own release.
Read the official release (epa.gov)

Plain-English summary

Bedoukian Research Inc. operated a chemical facility in Danbury, Connecticut. EPA alleged that the company submitted incomplete or inaccurate EPCRA chemical release reports for methanol, formic acid, and n-hexane, and manufactured or imported five confidential chemical substances without the required TSCA notices or applications. The Consent Agreement requires an environmental management system and compliance audits, resolves the matter without adjudicating the facts or law, and provides for a $671,899 civil penalty after EPA remitted $200,000 of the larger gravity-based penalty. The Board ratified the agreement.

Decision snapshot

  • Cited authorities: EPCRA Section 313 and TSCA Sections 5, 13, 15, and 16, with implementing regulations in 40 C.F.R. parts 13, 19, 22, 372, 720, and 723
  • Outcome: The Consent Agreement was ratified, Bedoukian was ordered to complete the settlement conditions, and a $671,899 civil penalty was approved.
  • Key point: Chemical manufacturers and importers must accurately report covered toxic-chemical activity and comply with TSCA notice requirements for new chemical substances.

Full text (EPA EAB public release)

                                                                       F I L E D
                                                                           Feb 06, 2025
                                                                      Clerk, Environmental Appeals Board
                 ENVIRONMENTAL APPEALS BOARD INITIALS ________________________
        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        WASHINGTON, D.C.

                                           )
                                           )

In re Bedoukian Research Inc. ) Docket Nos. TSCA-HQ-2024-5006 &
) EPCRA-HQ-2024-5006
)
)
)

                                   FINAL ORDER

   Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice, the

attached Consent Agreement resolving this matter is incorporated by reference into this Final Order and is hereby ratified.

    The Respondent is ORDERED to comply with all terms of the Consent Agreement,

effective immediately.

   So ordered.1

                                                ENVIRONMENTAL APPEALS BOARD

Dated: February 6, 2025__ ______
Mary Kay Lynch
Environmental Appeals Judge

   1
    The three-member panel ratifying this matter is composed of Environmental Appeals

Judges Aaron P. Avila, Wendy L. Blake, and Mary Kay Lynch.
Bedoukian Research Inc.
Docket Nos. TSCA-HQ-2024-5006
EPCRA-HQ-2024-5006

          BEFORE THE ENVIRONMENTAL APPEALS BOARD UNITED
             STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON, D.C.

                                 )

IN THE MATTER OF )
)
Bedoukian Research Inc. )
Danbury, CT )
) Docket Nos. TSCA-HQ-2024-5006
) EPCRA-HQ-2024-5006
)
)
Respondent )
______)

                                     CONSENT AGREEMENT

      Complainant, United States Environmental Protection Agency
                           Bedoukian Research Inc. ( Bedoukian                      )

(collectively, the Partie ), hereby enter into this Consent Agreement and proposed Final Order before the taking of any testimony and without adjudicating of any issues of law or fact, consent to the terms of this Consent Agreement and attached Final Order .

                         I.     PRELIMINARY STATEMENT
  1. This civil administrative proceeding for the assessment of penalties pursuant to Section 325(c)
    of the Emergency Planning and Community Right-to-Know- § 11045(c), and S as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, Pub. L. No. 114-182, June 22, 2016, 130 Stat 448 (2016 Act) is being simultaneously commenced and concluded pursuant to Rules 22.13(b), 22.18(b)(2), and 22.18(b)(3) of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, and the Revocation/Termination or Suspension of Perm
    §§ 22.13(b), 22.18(b)(2), and (b)(3).

  2. To avoid the disruption of orderly business activities and the expense of protracted and costly
    litigation, Respondent, for purposes of this proceeding only and as required by 40 C.F.R.
    § 22.18(b)(2):

    a. admits the following jurisdictional allegations and waives any defenses to
    jurisdiction;

                                             1
    

    Bedoukian Research Inc.
    Docket Nos. TSCA-HQ-2024-5006
    EPCRA-HQ-2024-5006

    b.      neither admits nor denies the specific factual allegations contained herein;
    
    c.      consents to the assessment of a civil penalty on the terms discussed below;
    
    d.      consents to any conditions specified in this Consent Agreement;
    
    e.      waives any right to contest the alleged violations of law set forth herein; and
    
    f.      waives the rights to appeal the proposed Final Order accompanying this Consent
            Agreement.
    
              II.     STATUTORY AND REGULATORY FRAMEWORK
    
                                           EPCRA
    
  3. Section 313(a) and (b) of EPCRA, 42 U.S.C. § 11023(a) and (b), and 40 C.F.R. §§ 372.22
    and 372.30, provide that the owner or operator of a facility that (i) has ten or more full-time employees, (ii) is in Standard Industrial Classification (SIC) or North American Industry Classification System (NAICS) code as set forth in 40 C.F.R. § 372.23, and (iii) manufactured, processed, or otherwise used one or more toxic chemicals, listed under Section 313(f) of EPCRA and 40 C.F.R. §§ 372.28 and 372.65, above their reporting threshold must submit to EPA and the state in which the facility is located a chemical release form published under Section 313(g) of EPCRA for each such toxic chemical.

  4. Pursuant to Sections 313 and 328 of EPCRA, 42 U.S.C. §§ 11023 and 11048, EPA
    promulgated regulations setting forth requirements for the submission of information relating to the release of toxic chemicals under Section 313. These regulations, as amended, are presently codified at 40 C.F.R. Part 372.

  5. Section 329(7), 42 U.S.C. § 11049(7), means any individual,
    trust, firm, joint stock company, corporation (including a government corporation),
    partnership, association, state, municipality, commission, political subdivision of a state, or
    interstate body.

  6. EPCRA Section 329(4), 42 U.S.C. § 11049(4), and 40 C.F.R. §
    372.3 means all buildings, equipment, structures, and other stationary items which are
    located on a single site or on contiguous or adjacent sites and which are owned or operated
    by the same person (or by any person which controls, is controlled by, or under common
    control with such person). A facility may contain more than one establishment.

    • -
      time equivalent employment. A facility would calculate the number of full-time employees
      by totaling the hours worked during the calendar year by all employees, including contract
      employees, and dividing that total by 2,000 hours.
  7. Section 329(10) of EPCRA, 42 U.S.C. § 11049(10), and 40

                                               2
    

    Bedoukian Research Inc.
    Docket Nos. TSCA-HQ-2024-5006
    EPCRA-HQ-2024-5006

    C.F.R. § 372.3 means a chemical or chemical category listed in 40 C.F.R. § 372.65.

  8. Process as defined by 40 C.F.R. § 372.3, means the preparation of a toxic chemical, after
    its manufacture, for distribution in commerce: (1) in the same form or physical state as, or in
    a different form or physical state from, that in which it was received by the person so
    preparing the substance, or (2) as part of an article containing the toxic chemical. Process
    also applies to the processing of a toxic chemical contained in a mixture or trade name
    product.

10.
compound a toxic chemical. Manufacture also applies to a toxic chemical that is produced
coincidentally during the manufacture, processing, use, or disposal of another chemical or
mixture of chemicals, including a toxic chemical that is separated from that other chemical or
mixture of chemicals as a byproduct, and a toxic chemical that remains in that other chemical
or mixture of chemicals as an impurity.

11.
including a toxic chemical contained in a mixture or other trade name product or waste, that
c chemical
does not include disposal, stabilization (without subsequent distribution in commerce), or
treatment for destruction unless: (1) the toxic chemical that was disposed, stabilized, or
treated for destruction was received from off-site for the purposes of further waste
management; or (2) the toxic chemical that was disposed, stabilized, or treated for destruction
was manufactured as a result of waste management activities on materials received from off-
site for the purposes of further waste management activities. Relabeling or redistributing of
the toxic chemical where no repackaging of the toxic chemical occurs does not constitute
otherwise use or processing of the toxic chemical.

  1. Pursuant to Section 313(f) of EPCRA, 42 U.S.C. § 11023(f) and 40 C.F.R. § 372.25, with
    respect to a toxic chemical manufactured or processed, the toxic chemical reporting threshold
    for the reporting form to be submitted on or before July 1 of the succeeding year is 25,000
    pounds of the toxic chemical per year.

  2. Pursuant to Section 313(f) of EPCRA, 42 U.S.C. § 11023(f) and 40 C.F.R. § 372.25, with
    respect to a toxic chemical otherwise used, the toxic chemical reporting threshold for the
    reporting form to be submitted on or before July 1 of the succeeding year is 10,000 pounds of
    the toxic chemical per year.

  3. Pursuant to Section 313(g) of EPCRA, 42 U.S.C. § 11023(g), EPA published a uniform
    Toxic Chemical Release Inventory Form (hereinafter, referred to as a Form R ) for facilities
    that are subject to the reporting requirements of Section 313.

  4. Section 313(a) and (b) of EPCRA, 42 U.S.C. § 11023(a) and (b), and 40 C.F.R. §§ 372.30(d)
    and 372.27(d) provide that a complete and accurate reporting form for activities involving a
    toxic chemical that occurred during a calendar year must be submitted on or before July 1 of

                                                3
    

    Bedoukian Research Inc.
    Docket Nos. TSCA-HQ-2024-5006
    EPCRA-HQ-2024-5006

the next year.

  1. With respect to activities involving a toxic chemical at a facility, when more than one
    threshold applies to the activities, the owner or operator of the facility must report if it
    exceeds any applicable threshold and must report on all activities at the facility involving the
    chemical, as established at 40 C.F.R. § 372.25(c).

  2. Section 325(c) of EPCRA, 42 U.S.C. § 11045(c), authorizes EPA to assess a civil penalty of
    up to $25,000 per day for each violation of Section 313 and its implementing regulations.
    The Debt Collection Improvement Act of 1996, 31 U.S.C. § 3701, as amended, and the
    Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, 28 U.S.C. §
    2461, and implementing regulations at 40 C.F.R. Part 19, increased these statutory maximum
    penalties to $69,733 per day per violation for violations that occurred after November 2,
    2015, where penalties are assessed on or after December 27, 2023.

                                              TSCA
    
  3. Section 5(a)(l) of TSCA, 15 U.S.C. § 2604(a)(l), and 40 C.F.R. §§ 720.22(a)(1) and 720.40(b),
    provide that no person may manufacture (import) a new chemical substance unless such person
    least ninety (90) calendar days before
    manufacturing that substance.

  4. Section 5(h)(4) of TSCA, 15 U.S.C. § 2604(h)(4), provides that EPA may exempt the
    manufacture of certain new chemicals from all or part of the full PMN requirements.

  5. PREMANUFACTURE NOTIFICATION EXEMPTIONS under 40 C.F.R. Part 723 were
    promulgated under the authority of S
    Section 5(h)(4) of TSCA, 15
    U.S.C. § 2604(h)(4). Forty C.F.R. § 723.50 addresses chemical substances manufactured in
    quantities of 10,000 kilograms or less per year, and/or chemical substances with low
    environmental release and human exposure.

  6. Per the under 40 C.F.R. § 723.50(e)(1), an applicant must
    submit to EPA an exemption application on EPA Form No. 7710-25 via CDX using e-PMN
    software in the manner set forth in this paragraph at least thirty (30) days before the
    manufacture of the new chemical substance begins.

  7. Per 40 C.F.R. § 723.50(j)(4), a person who manufactures a new chemical substance pursuant to
    an LVE, a person must submit a new LVE notice before that person manufactures the chemical
    substance subject to an LVE in an annual production volume above the volume designated by
    the LVE.

  8. Section 13(a)(1)(B) of TSCA, 15 U.S.C. § 2612(a)(1)(B), provides that the Treasury shall

entry in violation of a rule or order under Section 5, 15 U.S.C. § 2604. Pursuant to 40 C.F.R. §

                                               4

Bedoukian Research Inc.
Docket Nos. TSCA-HQ-2024-5006
EPCRA-HQ-2024-5006

  707.20(b)(2)(i), importers must sign the following statement for each import of a chemical

  all applicable rules or orders under TSCA and that I am not offering a chemical substance for
  1. as defined by 40 C.F.R. § 720.3(x) means any natural person, firm, company,
    corporation, joint-venture, partnership, sole proprietorship, association, or any other business
    entity, any State or political subdivision thereof, any municipality, any interstate body, and any
    department, agency or instrumentality of the Federal Government.

  2. Section 3(9) of TSCA, 15 U.S.C. § 2602(9) means to import into
    the customs territory of the United States (as defined in general note 2 of the Harmonized Tariff
    Schedules of the United States), produce, or manufacture.

  3. A hemical substance is defined by Section 3(2)(A) of TSCA, 15 U.S.C. § 2602(2)(A), as
    ny organic or inorganic substance of a particular molecular identity

  4. Section 3(11) of TSCA, 15 U.S.C. § 2602(11) and 40
    C.F.R. § 720.3(v) means any chemical substance which is not included in the chemical
    substance list compiled and published under Section 8(b) of TSCA, 15 U.S.C. § 2607(b).

  5. Section 15 of TSCA, 15 U.S.C. § 2614, makes it a prohibited act for any person to fail or refuse
    to comply with any requirement of TSCA or any rule promulgated, order issued, or consent
    agreement entered into under this title.

  6. Section 16 of TSCA, 15 U.S.C. § 2615, authorizes EPA to assess a civil penalty up to $37,500
    per day for each violation of Section 15 of TSCA, 15 U.S.C. § 2614. The Debt Collection
    Improvement Act of 1996, 31 U.S.C. § 3701, as amended, and the Federal Civil Penalties
    Inflation Adjustment Act Improvements Act of 2015, 28 U.S.C. § 2461, and implementing
    regulations at 40 C.F.R. Part 19, increased these statutory maximum penalties to $48,512 per
    day per violation for violations that occurred after November 2, 2015, where penalties are
    assessed on or after December 27, 2023.

                                 III.    STIPULATED FACTS
    
  7. Complainant hereby states and alleges that Respondent has violated Section 313 of EPRCA, 42
    U.S.C. § 11023, and Section 15 of TSCA, 15 U.S.C. § 2614 and the federal regulations
    promulgated thereunder.

  8. At all relevant times to this matter, Respondent was a corporation formed in the state of
    Connecticut with its US headquarters located at 6 Commerce Drive, Danbury, Connecticut
    06810, and wa EPCRA Section 329(7), 42 U.S.C. § 11049(7), and 40

                                                 5
    

    Bedoukian Research Inc.
    Docket Nos. TSCA-HQ-2024-5006
    EPCRA-HQ-2024-5006

    C.F.R. §§ 710.3 and 720.3(x) and, as such, was subject to Section 313 of EPCRA, 42 U.S.C. §
    11023, and TSCA, 15 U.S.C. § 2601 et seq. and the regulations promulgated thereunder.

  9. At all relevant times to this matter, Respondent owned, controlled and/or operated a facility
    in Danbury, Connecticut. The Danbury facility buildings are located at 21 Finance Drive,
    Danbury, CT 06810 and at 27 Augusta Drive Danbury, CT 06810 (hereinafter, referred to as
    the Facility). As these buildings are adjacent to each other, they are as defined by
    40 C.F.R. § 372.3 for TRI reporting purposes.

  10. For the reporting years 2018, 2019, 2020, and
    respect to methanol, formic acid, and n-hexane, because it met the criteria in Sections 313(a)
    and (b) of EPCRA, 42 U.S.C. §§ 11023(a) and (b), and 40 C.F.R. §§ 372.22 and 372.30 as
    follows:

         a. The Facility had 10 or more employees during 2018, 2019, 2020, and 2021;
    
         b. The Facility was in a North American Industry Classification System (NAICS)
            code (specifically 325199, as set forth in 40 C.F.R. 372.23); and
    
         c.
              the Facility in amounts greater than 10,000 pounds, the relevant threshold given in
              40 C.F.R. § 372.25.
    
         d.
              Facility in amounts greater than 25,000 pounds, the relevant threshold given in 40
              C.F.R. § 372.25.
    
         e. Formic acid,                                                      otherwise used
            at the Facility in amounts greater than 10,000 pounds, the relevant threshold given
            in 40 C.F.R. § 372.25.
    
         f. N-
            the Facility in amounts greater than 10,000 pounds, the relevant threshold given in
            40 C.F.R. § 372.25.
    
  11. At all times relevant to this matter, Respondent manufactured, imported, processed, or
    distributed in commerce, five chemical substances identified as Chemicals A, B, C, D, and E 1
    (collectively hereinafter referred to as the Chemical Substances) or mixtures containing these
    chemicals, or in the past had manufactured, imported, processed, or distributed in commerce
    the Chemical Substances or mixtures containing these Chemical Substances as those terms
    are defined in Sections 3(2), (5), (9), (10), and (13) of TSCA, 15 U.S.C. § 2602(2), (5), (9),
    (10), and (13) respectively, and 40 C.F.R. § 720.3(e), (i), (q), (u), and (aa).

1
Respondent has claimed the identity of Chemicals A, B, C, D, and E as TSCA confidential business information ( CBI ).

                                                     6

Bedoukian Research Inc.
Docket Nos. TSCA-HQ-2024-5006
EPCRA-HQ-2024-5006

  1. At all times relevant to this matter, each of the Chemical Substances we
    as that term is defined in Section 3(11) of TSCA, 15 U.S.C. § 2602(11) and 40
    C.F.R. § 720.3(v).

  2. Respondent received LVE application approvals for Chemicals A and B on December 16,
    1993, and Chemical E on November 30, 1992.

  3. The annual production volume specified in the LVEs that were approved on December 16,
    1993 and November 30, 1992 for Chemicals A, B, and E were each limited to 1,000
    kilograms.

  4. On July 19, 2023, EPA representatives conducted an inspection pursuant to Section 11 of
    TSCA, 15 U.S.C. § 2610, and Section 313 of EPCRA, 42 U.S.C. § 11023, of the Danbury,
    Connecticut facility and requested records related to
    Section 313 of EPCRA and Section 15 of TSCA.

39.
during those inspections (including through a review of documents).

  1. the
    conditions described in Section V, the payment of the civil penalty described in Section VI,
    and the terms of settlement described in Section VII of this CAFO.
                      IV.
    
                                            EPCRA
    

Count 1 Failures to Accurately Report Methanol in Violation of Section 313(a) of EPCRA

  1. Paragraphs 1-17 and 30-40 are incorporated here by reference.

  2. During reporting years 2018, 2019, 2020, and 2021
    term is defined in 40 C.F.R. § 372.3, over 10,000 pounds of methanol at the Facility.

  3. During the reporting years 2018, 2019, 2020, and 2021, Respondent also manufactured
    methanol, although not in amounts that exceed the threshold for reporting manufactured
    methanol.

  4. Respondent timely filed Form R for methanol for reporting years 2018, 2019, 2020, and

    1. However, Respondent failed to submit a complete and correct Form R for each of those
      reporting years in the following ways:

       a. For reporting years 2018, 2019, 2020, and 2021, Respondent failed to indicate in
          Section 3 of                       Form R, all activities and uses of methanol
          specifically, methanol manufactured for reporting years 2018, 2019, 2020, and
          2021.
      
                                             7
      

      Bedoukian Research Inc.
      Docket Nos. TSCA-HQ-2024-5006
      EPCRA-HQ-2024-5006

      b. For reporting year 2019, Respondent failed to accurately report the quantities of
      methanol waste managed or transferred off-site in Section 6.2 and quantities used
      for energy recovery off-site 8.3 of Form R.
      45. indicate all appropriate categories of chemical use (i.e., methanol
      manufactured) and/or completely and accurately report quantities of methanol waste
      managed or transferred for reporting years 2018, 2019, 2020 and 2021 constitute four
      separate violations of Section 313(a) of EPCRA, 42 U.S.C. § 11023(a).

Count 2 Failures to Accurately Report Formic Acid in Violation of Section 313(a) of EPCRA

  1. Paragraphs 1-17 and 30-40 are incorporated here by reference.

  2. During reporting year 2018 otherwise used
    C.F.R. § 372.3, over 10,000 pounds of formic acid at the Facility.

  3. During Reporting year 2018, Respondent also processed formic acid, although not in
    amounts that exceed the threshold for reporting manufactured formic acid.

49.
C.F.R. § 372.3, over 25,000 pounds of formic acid at the Facility.

  1. Respondent timely filed Form R for formic acid for reporting years 2018, 2020, and 2021.
    However, Respondent failed to submit a complete and correct Form R for each of those
    reporting years in the following ways:
         a. For reporting year 2018, Respondent failed to indicate in Section 3 all activities
            and uses of formic acid specifically, formic acid processed in reporting year
            2018.
    
        b. For reporting years 2020 and 2021, Respondent failed to accurately report the
           quantities of formic acid waste managed or transferred off-site in Sections 6.2 and
           8.3 of the Form R.
    
    1. identify all appropriate categories of use (i.e., formic acid processed)
      and/or completely and accurately report quantities of waste managed or transferred off-site
      for formic acid for reporting years 2018, 2020 and 2021, constitute three separate violations
      of Section 313(a) of EPCRA, 42 U.S.C. § 11023(a).

Count 3 Failures to Accurately Report n-Hexane in Violation of Section 313(a) of EPCRA

  1. Paragraphs 1-17 and 30-40 are incorporated here by reference.

  2. For reporting years 2018, 2020, and
    defined in 40 C.F.R. § 372.3, over 10,000 pounds of n-hexane at the Facility.

  3. Respondent timely filed Form R for n-hexane for reporting years 2018, 2020, and 2021.
    However, Respondent failed to submit a complete and correct Form R for each of those

                                                8
    

    Bedoukian Research Inc.
    Docket Nos. TSCA-HQ-2024-5006
    EPCRA-HQ-2024-5006

    reporting years by failing to accurately report the quantities of n-hexane otherwise used in the
    Sections 6.2 and 8.3 of Form R.

  4. of n-hexane waste
    managed or transferred off-site in Section 6.2 and quantities used for energy recovery off-site
    8.3 of Form R for reporting years 2018, 2020 and 2021, as set forth above, constitute three
    separate violations of Section 313(a) of EPCRA, 42 U.S.C. § 11023(a).

                                              TSCA
    
                        Count 4 Violations of Section 5(a)(1) of TSCA
    
  5. Paragraphs 1-2 and 18-40 are incorporated here by reference.

  6. Between the calendar years 2018 and 2023, Respondent manufactured Chemical A at least 135
    times, Chemical B at least 61 times, and Chemical E at least 41 times (with relevant dates and
    quantities claimed as CBI) before submitting PMNs or new LVE applications for these
    Chemicals.

  7. Respondent imported Chemical C between calendar years 2018 and 2022 at least 13 times, and
    manufactured Chemical D between the calendar years 2018 and 2023 at least 75 times (with
    relevant dates and quantities claimed as CBI) prior to submitting PMNs or LVE applications for
    these Chemicals.

  8. Chemicals A, B, C, D, and E were not included on the TSCA Inventory at the time of
    manufacture (import), and therefore, Section
    3(11) of TSCA, 15 U.S.C. § 2602(11) and 40 C.F.R. § 720.3(v).

  9. or LVE applications at least ninety (90) days before
    manufacturing (importing) Chemicals A, B, C, D, and E constitute failures to comply with
    Section 5 of TSCA, 15 U.S.C. § 2604, which are prohibited acts under Section 15(1) of TSCA,
    15 U.S.C. § 2614(1).

                     Count 5 Violations of Section 13(a)(1)(B) of TSCA
    
  10. Paragraphs 1-2 and 18-40 are incorporated here by reference.

  11. On August 17, 2023, Respondent informed EPA that it had imported Chemical C between
    calendar years 2018 and 2022 at least 13 times (with relevant dates and quantities claimed as
    CBI) prior to submitting a PMN or LVE application for this Chemical.

  12. Section 13 of TSCA prior to
    importing Chemical C constitute failures to comply with Section 13 of TSCA, which are
    prohibited acts under Section 15(3)(B) of TSCA, 15 U.S.C. § 2614(3)(B).

                                                9
    

    Bedoukian Research Inc.
    Docket Nos. TSCA-HQ-2024-5006
    EPCRA-HQ-2024-5006

                                V.      CONDITIONS
    
  13. Respondent and EPA have agreed, in compromise of the civil penalty that otherwise may be
    imposed herein, to the conditions of settlement described in Paragraphs 65-74.

Development, Implementation, and Evaluation of Environmental Management System

  1. Within 270 days of the Effective Date, Respondent will develop and implement a compliance

comprehensive EMS and contains an EMS implementation schedule for each of the described systems and subsystems not already fully implemented. The Environmental Management System Manual shall describe or contain, as appropriate, overarching policies, procedures, and programs that compose the facility-wide EMS framework, and respective management systems,

            -Focused Environmental Management System-Enforcement Agreement

Guidance A; and 2) International Standards of

Requirements with guidance for use. In developing the EMS, Respondent will also review the following Areas of Concern detailed on page 14 of the September 19, 2023 TSCA Inspection Report for the Facility and incorporate them as appropriate into the EMS:

      a. Chemicals manufactured, processed, or used under the TSCA research and
         development exemption are used in accordance with 40 C.F.R. § 720.36(d); and

      b. Isolated intermediates are manufactured in accordance Section 5 PMN requirements
         under 40 C.F.R. § 720.22.
  1. EMS Evaluation.
    implementation of its EMS and consistent with Element 11 of the EPA EMS Guidance,
    Respondent will conduct an evaluation of the EMS and translate assessment results into EMS
    improvements . The EMS Evaluation will evaluate the adequacy of
    EMS and EMS Manual and identify areas of concern from top management
    down, throughout each major organizational unit and responsibilities under the EMS Manual.
    The EMS Evaluation shall be conducted in accordance with ISO 19011, and shall determine the
    following:

      a. Whether there is a defined system, subsystem, program, or planned task for the
         respective EMS element;
    
      b. To what extent the system, subsystem, program, or task has been implemented, and
         is being maintained;
    
      c. The adequacy of               s internal self-assessment procedures for programs and
         tasks comprising the EMS;
    
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    Bedoukian Research Inc.
    Docket Nos. TSCA-HQ-2024-5006
    EPCRA-HQ-2024-5006

      d. Whether Respondent is effectively communicating environmental requirements to
         affected parts of the organization, or those working on behalf of the organization;
    
      e. Whether further improvements should be made to the EMS and EMS Manual to
         better conform with ISO 14001 and the EMS Guidance;
    
      f. Whether there are observed deviations from                 written requirements or
         procedures; and
    
      g. Whether continual improvement is occurring.
    
  2. EMS Evaluator.
    assist Respondent in its evaluation of the EMS described in Paragraphs 65-66. The EMS
    Evaluator will meet the following criteria:

      a. The EMS Evaluator will have experience in developing and implementing EMSes in
         accordance with ISO 14001:2015;
    
      b. The EMS Evaluator will have expertise and competence in Title I of TSCA and its
         implementing regulations;
    
      c. The EMS Evaluator and their personnel have not conducted research, development,
         design, construction, financial, engineering, legal, consulting, or other advisory
         services for the Respondent within three years prior to the Effective Date of this
         CAFO, except to the extent the EMS Evaluator or their personnel assisted
         Respondent in developing or implementing the EMS or EMS Manual as described in
         Paragraph 65. However, an EMS Evaluator with personnel who, before working for
         the EMS Evaluator, conducted research, development, design, construction, or
         consulting services for Respondent (as an employee or contractor) may meet the
         requirements of independence by ensuring that these personnel do not participate on,
         manage, or advise the EMS Evaluator with respect to any obligations under the
         CAFO that the EMS Evaluator is selected to perform. For each EMS Evaluator,
         Respondent must provide descriptions of any previous work contracts, or financial
         relationship that the EMS Evaluator has had with Respondent;
    
      d. The EMS Evaluator was not involved in developing or implementing
         programs and procedures for complying with TSCA or the regulations promulgated
         thereunder, except to the extent the EMS Evaluator or their personnel assisted
         Respondent in developing or implementing the EMS or EMS Manual as described in
         Paragraph 65; and
    
      e. Notwithstanding subparagraph (d) of this Paragraph, to the extent that the EMS
         Evaluator or their personnel assisted in the development or implementation of the
         EMS or EMS Manual, the specific personnel that assisted in the development or
         implementation of the EMS or EMS Manual will not be involved in the EMS
         Evaluation. However, personnel of the EMS Evaluator who did not assist in the
    
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    EPCRA-HQ-2024-5006

            development or implementation of the EMS or EMS Manual are permitted to be
            involved in the EMS Evaluation.
    
                     EMS Implementation: Facility Compliance Audit
    
  3. Facility Audit.
    implementation of its EMS and consistent with Element 11 of the EPA EMS Guidance,
    Respondent will retain at least one individual to serve as an independent auditor to conduct a
    facility

  4. Qualifications of the Independent Auditor.
    Respondent retains to complete the facility compliance audit referenced in Paragraph 68 will
    meet the following criteria:

       a.      The Facility Auditor shall have demonstrated experience and expertise in
               chemistry, chemical nomenclature used in the TSCA inventory, and the
               application of TSCA compliance assessments, including, but not limited to,
               Sections 4, 5, 6, 8, 12, 13, and 15 of TSCA and the regulations promulgated
               thereunder;
    
       b.      The Facility Auditor and their personnel have not conducted research,
               development, design, construction, financial, engineering, legal, consulting, or
               other advisory services for the Respondent within three years prior to the
               Effective Date of this CAFO. However, a Facility Auditor with personnel who,
               before working for the Facility Auditor, conducted research, development,
               design, construction, or consulting services for Respondent (as an employee or
               contractor) may meet the requirements of independence by ensuring that these
               personnel do not participate on, manage, or advise the Facility Auditor with
               respect to any obligations under the CAFO that the Facility Auditor is selected to
               perform. For each Facility Auditor, Respondent must provide descriptions of any
               previous work contracts, or financial relationship that the Facility Auditor has
               had with Respondent;
    
       c.      The Facility Auditor was not involved in developing or implementing
                             programs and procedures for complying with TSCA or the
               regulations promulgated thereunder;
    
       d.      The Facility Auditor is not evaluating any aspect of the       design,
               engineering, or mechanical integrity he/she developed or implemented; and
    
       e.      Notwithstanding subparagraphs (b)-(d) of this Paragraph, the Facility Auditor
               and the EMS Evaluator may be the same individual(s) and involve the same
               personnel, provided that these parties meet both the respective qualifications for
               serving as a Facility Auditor and EMS Evaluator as prescribed in this CAFO.
    
                                             12
    

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    EPCRA-HQ-2024-5006

  5. Within 10 business days of selecting the Facility Auditor, Respondent shall submit to the EPA
    the name of the Facility Auditor selected and sufficient documentation demonstrating that each
    of the criteria in Paragraph 69 are satisfied. If EPA disagrees that the Facility Auditor meets the
    criteria in Paragraph 69, EPA shall notify Respondent within 10 business days of receipt of
    notice. If EPA disagrees that the Facility Auditor meets the qualifications in
    Paragraph 69, Respondent shall have an additional 30 business days to select a new Facility
    Auditor. The criteria of this Paragraph shall be repeated until EPA does not notify Respondent
    that it disagrees that choice of Facility Auditor satisfies the requirements of
    Paragraph 69.

  6. Respondent and the Facility Auditor will understand and agree that:

       a. The Facility Auditor will not be permitted to provide any other commercial,
          business, or voluntary services to Respondent for a period of at least two years
          following the Facility           submittal of its final report; and
    
       b. Respondent will not provide future employment to the Facility Auditor or persons
          who managed, conducted, or otherwise participated in the audits for a period of at
          least two years following the Facility        submittal of their final report.
    
  7. Notwithstanding Paragraphs 69 and 70, the Facility Auditor may assemble an auditing team to
    be led by the Facility Auditor. The auditing team may include other employees of the Facility
    firm or subcontractors meeting the criteria of Paragraphs 69 and 70 as well as
    Respondent personnel. However, any Respondent personnel participants in the auditing team
    shall not contribute to drafting of the Facility Report described in Paragraph 74.

  8. Respondent will ensure that the Facility Auditor leading the review:

       a. Certifies that he/she satisfies the requirements specified in Paragraphs 69 and 70;
    
       b. Maintains contemporaneous records used in support of preparing the Facility
          Report;
    
       c. Prepares the Facility Report. Any of                personnel that participated in the
          review team will not draft the Facility Report but will be permitted to provide
          factual information to the Facility Auditor and review drafts of the either report for
          factual accuracy; and
    
       d. Provides a copy of the final Facility Report to Respondent and EPA.
    
  9. Within 60 days after the completion of the Facility Audit, the Facility Auditor will provide a
    Facility Report, including any Findings and Deviations, to Respondent and EPA. The Facility
    Report will document:

                i.   The date(s) of the review and describe how the review was conducted;
    
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    EPCRA-HQ-2024-5006

               ii.   Identify the names of all participants of the review team, including names,
                     titles, employers and/or affiliations, and summaries of qualifications;
    
              iii.   Describe all the types of information and records reviewed, and the
                     equipment, processes, practices, structures, and other items reviewed,
                     observed, or evaluated;
    
              iv.    Document the Facility Auditor evaluation and findings as to each
                     chemical substance subject to Sections 4, 5, 6, 8, 12, or 13 of TSCA and
                     the regulations promulgated thereunder and describe the basis of those
                     findings; and
    
               v.    Provide a specific recommendation as to how each deviation from the
                     TSCA requirements should be corrected to achieve conformity with the
                     requirements.
    
  10. Within 30 days of completion of all conditions detailed in Paragraphs 64-74, Respondent will
    submit to EPA itemized costs, documented by copies of invoices, purchase orders, receipts,
    canceled checks, wire transfer records, and/or internal expense records that specifically identify
    and substantiate any expenses incurred in carrying out the conditions detailed in Paragraphs 64-
    74, including the retention of any independent third-parties as well as internal costs incurred by
    using own personnel in fulfilling these conditions.

                                 VI.     CIVIL PENALTY
    
  11. Pursuant to Section 325(c)(1) of EPCRA, 42 U.S.C. § 11045(c)(1), and consistent with Section
    325(b)(1) of EPCRA, 42 U.S.C. § 11045(b)(1), and pursuant to Section 16 of TSCA, 15 U.S.C.
    § 2615, and taking into account the relevant statutory penalty criteria, the applicable penalty
    policies, and Res EPA determined that a
    Gravity Based Penalty of EIGHT HUNDRED, SEVENTY-ONE THOUSAND, EIGHT-
    HUNDRED AND NINETY-NINE DOLLARS ($871,899) is appropriate.

  12. Pursuant to Section 16(a)(2)(C) of TSCA, 15 U.S.C. § 2615(a)(2)(C), and 40 C.F.R. § 22.31,
    EPA agrees to remit TWO-HUNDRED THOUSAND DOLLARS ($200,000) of the civil
    penalty for the TSCA violations alleged herein through the effective date of this CAFO,
    V
    reasonable satisfaction.

  13. Respondent agrees to pay a civil penalty in the amount of SIX HUNDRED, SEVENTY-ONE
    THOUSAND, EIGHT-HUNDRED AND NINETY-NINE DOLLARS ($671,899) for the
    alleged violations identified herein within thirty (30) days after the date the Final Order

                                              14
    

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    EPCRA-HQ-2024-5006

  14. Respondent shall pay the Assessed Penalty and any interest, fees, and other charges due using
    any method, or combination of appropriate methods, as provided on EPA websites:
    https://www.epa.gov/financial/makepayment and https://www.epa.gov/financial/additional-
    instructions-making-payments-epa.

  15. When making a payment, Respondent shall:

       a.                                                                          s of this
            Agreement, TSCA-HQ-2024-5006 and EPCRA-HQ-2024-5006.
    
       b. Concurrently with any payment or within 24 hours of any payment, Respondent
          shall serve proof of such payment to the following person(s):
    
            Emilio Cortes
            Clerk of the Board
            U.S. Environmental Protection Agency
            1200 Pennsylvania Avenue, NW
            Washington, DC 20460
    
            Valarie Franklyn, Environmental Engineer
            U.S. Environmental Protection Agency
            1200 Pennsylvania Avenue, NW
            Washington, DC 20460
            [email protected]
    
            and
    
            U.S. Environmental Protection Agency
            Cincinnati Finance Center
            Via electronic mail to:
            [email protected]
    
            card or debit card payment, or confirmation of wire or automated clearinghouse
            transfer, and any other information required to demonstrate that payment has been
            made according to EPA requirements, in the amount due, and identified with the
    
  16. Interest, Charges, and Penalties on Late Payments. Pursuant to 15 U.S.C. § 2615, 31 U.S.C. §
    3717, 31 C.F.R. § 901.9, and 40 C.F.R. § 13.11, if Respondent fails to timely pay any portion of
    the Assessed Penalty per this Agreement, the entire unpaid balance of the Assessed Penalty and

                                             15
    

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all accrued interest shall become immediately due and owing, and EPA is authorized to recover the following amounts.

       a. Interest. Interest begins to accrue from the Filing Date. If the Assessed Penalty is
          paid in full within thirty (30) days, interest accrued is waived. If the Assessed
          Penalty is not paid in full within thirty (30) days, interest will continue to accrue
          until any unpaid portion of the Assessed Penalty as well as any interest, penalties,
          and other charges are paid in full. To protect the interests of the United States the
          rate of interest is set at the IRS standard underpayment rate, any lower rate would
          fail to provide Respondent adequate incentive for timely payment.

       b. Handling Charges
          costs of processing and handling overdue debts. If Respondent fails to pay the
          Assessed Penalty in accordance with this Agreement, EPA will assess a charge to
          cover the costs of handling any unpaid amounts for the first thirty (30) day period
          after the Filing Date. Additional handling charges will be assessed each subsequent
          thirty (30) days, or any portion thereof, until the unpaid portion of the Assessed
          Penalty, as well as any accrued interest, penalties, and other charges are paid in full.

       c. Late Payment Penalty. A late payment penalty of six percent (6%) per annum, will
          be assessed monthly on all debts, including any unpaid portion of the Assessed
          Penalty, interest, and other charges, that remain delinquent more than ninety (90)
          days.
  1. Late Penalty Actions. In addition to the amounts described in the prior Paragraph, if
    Respondent fails to timely pay any portion of the Assessed Penalty, interest, or other charges
    and penalties per this Agreement, EPA may take additional actions. Such actions may include,
    but are not limited to, the following.

       a. Refer the debt to a credit reporting agency or a collection agency, per 40 C.F.R. §§
          13.13 and 13.14.
    
       b. Collect the debt by administrative offset (i.e., the withholding of money payable by
          the United States government to, or held by the United States government for, a
          person to satisfy the debt the person owes the United States government), which
          includes, but is not limited to, referral to the Internal Revenue Service for offset
          against income tax refunds, 40 C.F.R. Part 13, Subparts C and H.
    
       c.
            disqualify Respondent from doing business with EPA or engaging in programs EPA
            sponsors or funds, 40 C.F.R. § 13.17.
    
       d. Per 15 U.S.C. § 2615(a), the Attorney General may bring a civil action in the
          appropriate district court to recover the full remaining balance of the debt plus
    
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           interest. In such an action, the validity, amount, and appropriateness of the Assessed
           Penalty shall not be subject to review.
    
  2. Allocation of Payments. Pursuant to 31 C.F.R. § 901.9(f) and 40 C.F.R. § 13.11(d), a partial
    payment of debt will be applied first to outstanding handling charges, second to late penalty
    charges, third to accrued interest, and last to the principal that is the outstanding Assessed
    Penalty amount.

  3. Tax Treatment of Penalties. Penalties, interest, and other charges paid pursuant to this
    Agreement shall not be deductible for purposes of federal taxes.

  4. Pursuant to 26 U.S.C. § 6050X and 26 C.F.R. § 1.6050X-1, EPA is required to send to the
    Internal Revenue Service -

administrative settlements), that require a payor to pay an aggregate amount that EPA reasonably believ

                                                                                     nce with a

information provided to the IRS, to each payor (i.e., a copy of IRS Form 1098-F). Failure to comply with providing IRS Form W- below, may subject Respondent to a penalty, per 26 U.S.C. § 6723, 26 U.S.C. § 6724(d)(3), and 26 C.F.R. § 301.6723-1. In order to provide EPA with sufficient information to enable it to fulfill these obligations, EPA herein requires, and Respondent herein agrees, that:

       a. Respondent shall complete an IRS Form W-
                                                             https://www.irs.gov/pub/irs-
           pdf/fw9.pdf;

       b. Respondent shall therein certify that its completed IRS Form W-9 includes

           of a TIN;

       c. Respondent shall email its completed Form W-
          Center to Milton Wise at [email protected], within 30 days after the Final
          Order ratifying this Agreement is filed, and EPA recommends encrypting IRS Form
          W-9 email correspondence; and

       d. In the event that Respondent has certified in its completed IRS Form W-9 that it has
          applied for a TIN and that TIN has not been issued to Respondent within 30 days
          after the Effective Date, then Respondent, using the same email address identified in
          the preceding sub-paragraph, shall further:

               i.
                    days after the 30 days after the Effective Date; and




                                               17

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               ii.


                              VII.   TERMS OF SETTLEMENT
  1. Whenever this CAFO requires Respondent to give notice or submit reports, information, or
    other documents to EPA, such information shall contain the date, the official's signature, and
    the official's title and shall be accompanied by the following certification and such information
    shall be submitted to Valarie Franklyn as described in Paragraph 80.b under this Agreement:

       To the best of my knowledge and belief after due inquiry, under penalty of law, I certify
       that the information contained in and accompanying this [fill in type of submission] is
       true, accurate, and complete.
    
  2. Recordkeeping. Respondent shall maintain all documents required under this CAFO, including
    the EMS Manual, the Facility Report, and related documents for five years after they are
    created and must produce them for inspection, copying or as otherwise required under Section
    11 of TSCA, 15 U.S.C § 2610.

                                      Stipulated Penalties
    
  3. The following stipulated penalties accrue per day for missing the deadlines specified in
    Paragraphs 65, 66, 67, 68, 70, 74, and 75:

        Penalty Per Violation Per Day                    Period of Noncompliance
    
                     $1,000                                  1st through 14th Day
    
                     $2,500                                15th through 30th Day
    
                     $5,000                                  31st Day and beyond
    
  4. After submission of the records required pursuant to Paragraph 75 expenses
    incurred for implementation of Paragraphs 65-74 is less than the remitted penalties specified in
    Paragraph 77 and a written demand has been made by EPA pursuant to Paragraph 90 below,
    Respondent agrees to pay the difference between the total expenses incurred in the
    implementation of Paragraphs 65-74 and the remitted penalty amount specified in Paragraph

    1. To the extent Respondent submits internal expense records pursuant to Paragraph 75, those
      internal expenses may only cover up to fifty percent (50%) of the remitted penalty amount
      specified in Paragraph 77, though no such limit shall apply to expenses regarding the retention
      of independent third-parties.
  5. Subsequent to the submission of the documentation of expenses incurred described in
    Paragraph 75, EPA will make a written demand for civil penalties for any applicable stipulated

                                              18
    

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penalties associated with missed deadlines (Paragraph 88) and remitted penalties (Paragraph 89). Respondent will pay any applicable stipulated penalties, owing to the United States, not more than thirty (30) calendar days after receipt of the written demand from EPA. Except as otherwise specified in this Paragraph, payment of the penalty amounts specified in Paragraphs 88-89 will be made in accordance with the directions described in Paragraphs 79-85.

                                          Other Terms
  1. As a condition of this Agreement, Respondent may process, use, and distribute any existing
    stocks of Chemicals A, B, C, D, and E in accordance with the applicable terms and conditions
    of the approved TSCA LVEs (dates of approval being: March 7, 2024 for Chemical A;
    February 1, 2024 for Chemical B; December 3, 2024 for Chemical C; January 1, 2024 for
    Chemical D; and February 1, 2024 for Chemical E).

  2. If Respondent chooses to dispose of existing stocks of Chemicals A, B, C, D, or E, Respondent
    will dispose of any unused portion of its existing stocks in accordance with applicable federal
    and state requirements. Respondent should coordinate with the applicable state(s) where
    disposal may occur to determine if additional requirements or a preferred approach (e.g.,
    incineration) should be considered before disposing of the applicable Chemical Substance.

  3. This Consent Agreement may be amended or modified only by written agreement executed by
    both the EPA and Respondent, and approval of the Environmental Appeals Board, except as
    specified in Paragraph 94.

  4. Deadlines set forth in this Section, for submittals or performance may be extended by the
    Branch Manager
    Risk and Reporting Enforcement Branch, at his or her discretion, without further amendment of
    this Order. The EPA will provide Respondent with written confirmation and documentation of
    any such extensions of time.

       VIII. EFFECT OF SETTLEMENT AND RESERVATION OF RIGHTS
    
  5. In accordance with 40 C.F.R. § 22.18(c), completion of the terms of this CAFO shall only

alleged above.

  1. By signing this consent agreement, respondent waives any rights or defenses that respondent
    has or may have for this matter to be resolved in federal court, including but not limited to any
    right to a jury trial, and waives any right to challenge the lawfulness of the final order
    accompanying the consent agreement.

  2. The terms, conditions, and compliance requirements of this Agreement may not be modified or
    amended except upon the written agreement of both parties, and approval of the Environmental
    Appeals Board, except as specified in Paragraph 94.

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  3. Compliance with this CAFO shall not be a defense to any subsequent action EPA may
    commence pursuant to federal law or regulation for violations occurring after the date of this
    Consent Agreement, nor any violations of TSCA or EPCRA not alleged in this Consent
    Agreement that may have occurred prior to the date that this Consent Agreement is fully
    executed by both Parties.

  4. Nothing in this Consent Agreement is intended to, nor shall be, construed to operate in any way
    to resolve any criminal liability of Respondent.

100.
representations to the EPA in this matter.

  1. All of the terms and conditions of this Consent Agreement together comprise one settlement
    agreement, and each of the terms and conditions is in consideration for all of the other terms and conditions. This Consent Agreement shall be null and void if any term or condition of this Consent Agreement is held invalid or is not executed by all of the signatory parties in identical form or is not approved in such identical form by the EAB.

  2. Full payment of the penalty proposed in this Consent Agreement shall not in any case affect
    the right of the Agency or the United States to pursue appropriate injunctive or other equitable relief or criminal sanctions for any violations of law. This Consent Agreement does not waive,

of TSCA and EPCRA, and the regulations promulgated thereunder.

  1. Nothing in this Consent Agreement shall relieve Respondent of the duty to comply with all
    applicable provisions of TSCA and EPCRA and other federal, state, or local laws or statutes.

regulations, or be construed to be a ruling on, or determination of, any issue related to any federal, state, or local permit.

  1. Nothing herein shall be construed to limit the power of the EPA to undertake any action
    against Respondent or any person in response to conditions that may present an imminent and substantial endangerment to the public health, welfare, or the environment.

  2. This Consent Agreement constitutes the entire agreement and understanding of the parties
    and supersedes any prior agreements or understandings, whether written or oral, among the parties with respect to the subject matter hereof.

  3. This Consent Agreement shall take full effect upon the signing and filing of the Final Order
    by the EAB.

                                IX.    OTHER MATTERS
    
  4. Respondent certifies that, to its knowledge, it is currently operating the Facility in
    compliance with TSCA and EPCRA and their implementing regulations.

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  5. This Consent Agreement shall be binding upon the Parties, and their respective officers,
    directors, employees, successors, and assigns. Respondent shall ensure that all contractors, employees, consultants, firms, or other persons or entities acting for Respondent with respect to matters included herein comply with the terms of this Consent Agreement.

  6. The undersigned representative of each Party certifies that he or she is duly authorized by
    his or her respective Party to enter into this binding Consent Agreement.

  7. Complainant and Respondent, by entering into this Consent Agreement, each give their
    respective consent to accept digital signatures hereupon. Respondent further consents to accept electronic service of the fully executed CAFO, by e-mail, at: [email protected]. Respondent understands that this e-mail address may be made public when the CAFO and Certificate of Service are filed and uploaded to a searchable database.

  8. This Consent Agreement shall not dispose of the proceeding without a final order from the
    Environmental Appeals Board ratifying the terms of this Consent Agreement. This Consent
    onmental
    Appeals Board. Unless otherwise stated, all time periods stated herein shall be calculated in calendar days from such date.

112.
the scheduled civil penalty, paid any stipulated penalties, and completed and provided EPA with copies of all deliverables required to be submitted to EPA pursuant to this CAFO.

  1. Failure of Respondent to remit the civil penalties provided herein will result in this matter
    being forwarded to the United States Department of Justice for collection of the amount due, plus stipulated penalties and interest at the statutory judgment rate provided in 28 U.S.C. § 1961.

114.

                                             21

Bedoukian Research Inc.
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EPCRA-HQ-2024-5006

WE HEREBY AGREE TO THIS:

For Respondent:


Ryan J. Carra
Beveridge & Diamond
1900 N Street, NW, Suite 100
Washington, D.C. 20036
Counsel for Bedoukian Research Inc.

Date: _____
January 14, 2025

                                  22

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EPCRA-HQ-2024-5006

For Complainant:


Gregory Sullivan
Director
Waste and Chemical Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
United States Environmental Protection Agency

Date: _____


N. Lindsay Simmons, Attorney
Waste and Chemical Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
United States Environmental Protection Agency

Date: _______

                                     23

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This page is blank.

    24

Appendix A
CERTIFICATE OF SERVICE

   I certify that copies of the foregoing “Consent Agreement” and “Final Order,” in the

matter of Bedoukian Research Inc., Docket Nos. TSCA-HQ-2024-5006 and EPCRA-HQ-2024- 5006, were sent to the following persons in the manner indicated:

By E-mail:
Counsel for Respondent:
Ryan J. Carra
Beveridge & Diamond
1900 N Street, NW, Suite 100
Washington, D.C. 20036
[email protected]

Counsel for Complainant:
N. Lindsay Simmons
Waste and Chemical Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Washington, D.C. 20460
[email protected]

     Feb 06, 2025

Dated: ____ ______

                                                          Tommie Madison
                                                         Clerk of the Board

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