eMagin Corporation (Board decision, June 1, 2026)
In re eMagin Corporation (EAB TSCA Appeal No. 26-02C): self-disclosed chemical violations settled
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Plain-English summary
eMagin Corporation voluntarily disclosed that it had imported ten chemical substances between 2020 and 2025 before submitting required Premanufacture Notices or low-volume exemption applications. EPA also alleged that eMagin failed to submit required import certifications and manufactured, processed, used, or distributed chemicals in violation of TSCA requirements. The Consent Agreement requires a $423,448 civil penalty, compliance measures, monthly reporting, and additional stipulated penalties for certain later imports. The EAB ratified the settlement and ordered eMagin to comply with its terms.
Decision snapshot
- Cited authorities: TSCA §§ 3, 5, 8, 11, 13, 15, and 16; 40 C.F.R. parts 13, 22, 707, 720, and 723
- Outcome: The Consent Agreement was ratified, and eMagin was ordered to pay a $423,448 civil penalty and complete the required compliance measures.
- Key point: Voluntary disclosure does not eliminate liability when imported new chemicals lacked required notices or certifications, but it may affect the settlement and penalty.
Full text (EPA EAB public release)
F I L E D
Jun 01, 2026
Clerk, Environmental Appeals Board
INITIALS ________________________
ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.
)
)
In re eMagin Corporation ) Docket No. TSCA-HQ-2026-5001
)
)
)
FINAL ORDER
Decided June 1, 2026
Before Environmental Appeals Judges Aaron P. Avila and Ammie Roseman-Orr.
Order of the Board by Judge Roseman-Orr:
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.
eMagin Corporation
TSCA-HQ-2026-5001
BEFORE THE ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.
)
In the Matter of: )
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eMagin Corporation ) Docket No. TSCA-HQ-2026-5001 Hopewell Junction, NY )
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)
)
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Respondent )
_______)
CONSENT AGREEMENT
Complainant, United States Environmental Protection Agency (“EPA” or “the Agency”), and
Respondent, eMagin Corporation (eMagin) (collectively, “the Parties”), having consented to the entry of this Consent Agreement and proposed Final Order (“CAFO”) before the taking of any testimony and without adjudication of any issues of law or fact, consent to the terms of this Consent Agreement and attached Final Order.
I. PRELIMINARY STATEMENT
-
This civil administrative proceeding for the assessment of penalties pursuant to section 16(a) of
the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2615(a), 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, is being simultaneously commenced and concluded pursuant to the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders, and the Revocation, Termination or Suspension of Permits (Consolidated Rules of Practice), 40 C.F.R. Part 22. -
On or about September 24, 2025, with an additional disclosure submitted on October 27, 2025,
Respondent voluntarily disclosed to the EPA potential noncompliance with TSCA requirements for ten (10) manufactured (imported) and processed chemical substances subject to TSCA sections 5 and 13. Table 1 below provides corresponding trade names, or alternatively, generic chemical names are provided for chemicals with identity claimed as CBI. These chemical substances are herein referred to as Chemicals A, B, C, D, E, F, G, H, I and J.
Table 1. List of Disclosed Chemicals with Associated Trade Names, Chemical Names, or Generic Chemical Names
Trade Name/Chemical Name/Generic Chemical Name
Chemical A BD-102
Chemical B (carbopolycyclic)-[(carbopolycyclic)phenyl]-anthracene
eMagin Corporation
Docket No. TSCA-HQ-2026-5001
Chemical C Bis(carbomonocyclic-phenyl)-bis(dimenthylalkyl)-
bis(methylalkyl)phenyl-diamino-carbopolycycle
Chemical D LG-201
Chemical E LGET376
Chemical F LT-E301
Chemical G NS 60
Chemical H RD-001
Chemical I BH-140
Chemical J Tris(8-hydroxyquinolinate)aluminum
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While the disclosures associated with Counts I, II and III did not meet all of the conditions set
forth in EPA’s policy entitled Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations (Audit Policy), 65 Fed. Reg. 19,618 (Apr. 11, 2000), the Agency has determined that the allegations described in Counts I, II, and III qualify for reductions applicable under the TSCA Section 5 Enforcement Response Policy, issued August 5, 1988, as amended June 8, 1989, and July 1, 1993 (TSCA ERP). -
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:i. Respondent is a corporation located at 755 East Drive, Hopewell Junction, NY 12533 and is a “person” as defined in 40 C.F.R. § 720.3(x) and, as such, is subject to TSCA and its regulations; and ii. Respondent manufactures (imports), processes, uses, and distributes in commerce, Chemicals A, B, C, D, E, F, G, H, I and J, or mixtures containing these chemicals, or in the past Respondent has manufactured (imported), processed, used, and distributed in commerce Chemicals A, B, C, D, E, F, G, H, I and J, or mixtures containing these chemicals 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). Respondent is subject to TSCA, and the regulations promulgated thereunder.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
2eMagin Corporation
Docket No. TSCA-HQ-2026-5001
f. waives the rights to appeal the proposed Final Order accompanying this Consent
Agreement.II. EPA'S FINDINGS OF FACT AND LAW COUNT I – TSCA § 5(a)(1) VIOLATIONS -
Paragraphs 2 through 4 are incorporated and realleged herein.
-
Any chemical substance that is not included in the chemical substance list compiled and
published under section 8(b) of TSCA, 15 U.S.C. § 2607(b) (TSCA Inventory) is a “new chemical substance” as defined under section 3(11) of TSCA, 15 U.S.C. § 2602(11) and 40 C.F.R. § 720.3(v). -
Section 5(a)(l) of TSCA, 15 U.S.C. § 2604(a)(1), 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 submits a Premanufacture Notice (PMN) to the EPA at least ninety (90) calendar days before manufacturing that substance. -
Section 5(h)(4) of TSCA, 15 U.S.C. § 2604(h)(4), provides that the EPA may exempt the
manufacture of certain new chemicals from all or part of the full PMN requirements. -
40 C.F.R. Part 723, Premanufacture Notification Exemptions, was promulgated under the
authority of section 5 of TSCA, 15 U.S.C. § 2604 (Manufacturing and processing notices) and sets forth EPA’s regulations regarding section 5(h)(4) of TSCA, 15 U.S.C. § 2604(h)(4). 40 C.F.R. § 723.50 addresses chemical substances manufactured in quantities of 10,000 kilograms or less per year, and chemical substances with low environmental release and human exposure. -
40 C.F.R. § 723.50(e)(1) provides that a Low Volume Exemption (LVE) applicant must submit
to EPA an exemption application on the standard PMN form at least thirty days before the
manufacture of the new chemical substance begins. -
On September 24, 2025, October 27, 2025, and December 4, 2025, Respondent informed the
EPA that Respondent had manufactured (imported) Chemicals A, B, C, D, E, F, G, H, I and J
between calendar years 2020 and 2025, prior to submitting a PMN or LVE application for these
Chemicals. -
Chemicals A, B, C, D, E, F, G, H, I and J were not included on the TSCA Inventory at the time
of import. Therefore, they are “new chemical substances” as defined under section 3(11) of
TSCA, 15 U.S.C. § 2602(11), and 40 C.F.R. § 720.3(v). -
Respondent’s failure to submit a PMN at least ninety (90) calendar days before manufacturing
(importing) Chemicals A, B, C, D, E, F, G, H, I and J constitutes a failure to comply with section
5 of TSCA, 15 U.S.C. § 2604, which is a prohibited act under section 15(1) of TSCA, 15 U.S.C.3eMagin Corporation
Docket No. TSCA-HQ-2026-5001
§ 2614(1), and may subject an entity to civil penalties pursuant to section 16(a) of TSCA, 15 U.S.C. § 2615(a).COUNT II – TSCA § 13(a)(1)(B) VIOLATIONS -
Paragraphs 2 through 13 are incorporated and realleged herein.
-
Section 13(a)(1)(B) of TSCA, 15 U.S.C. § 2612(a)(1)(B), provides that the Treasury shall refuse
entry of “any chemical substance or mixture offered for such entry if” it is offered for entry in
violation of a rule or order under section 5, 15 U.S.C. § 2604. Pursuant to 40 C.F.R.
§ 707.20(b)(2)(i), importers must sign the following statement for each import of a chemical
substance subject to TSCA: “I certify that all chemical substances in this shipment comply with
all applicable rules or orders under TSCA and that I am not offering a chemical substance for
entry in violation of TSCA or any applicable rule or order under TSCA.” -
On September 24, 2025, October 27, 2025, and December 4, 2025, Respondent informed the
EPA that it had imported Chemicals A, B, C, D, E, F, G, H, I and J between calendar years 2020
and 2025, prior to submitting a PMN or LVE application for these Chemicals. -
Respondent’s failure to submit proper certifications under section 13 of TSCA prior to importing
Chemicals A, B, C, D, E, F, G, H, I and J constitutes a failure to comply with section 13 of
TSCA, which is a prohibited act under section 15(3)(B) of TSCA, 15 U.S.C. § 2614(3)(B), and
may subject an entity to civil penalties pursuant to section 16(a) of TSCA, 15 U.S.C. § 2615(a).COUNT III – TSCA § 15(2) VIOLATIONS -
Paragraphs 2 through 17 are incorporated and realleged herein.
-
TSCA section 15(2) states: “[i]t shall be unlawful for any person to— (2) use for commercial
purposes a chemical substance or mixture which such person knew or had reason to know was
manufactured, processed, or distributed in commerce in violation of section 2604.” -
On or about September 24, 2025, Respondent voluntarily provided information, indicating to the
EPA that Respondent used existing stocks of the product containing Chemicals A, B, C, E, F, G,
and H between December 2020 and September 2025. On or about October 27, 2025, Respondent
voluntarily provided information indicating to the EPA that Respondent used existing stocks of
the product containing Chemical J between December 2020 and October 2025. -
On or about December 4, 2025, Respondent informed the EPA that they continued to use
Chemicals A, B, C, E, F, G, and H after the date of discovery on September 5, 2025, and
continued to use Chemical J after the date of discovery on October 27, 2025. -
Respondent’s continued use of Chemicals A, B, C, E, F, G, H, and J after the dates of discovery
referenced in paragraph 20 constitutes violations of TSCA section 15(2), 15 U.S.C. § 2614(2),4eMagin Corporation
Docket No. TSCA-HQ-2026-5001
which may subject an entity to civil penalties pursuant to section 16(a) of TSCA, 15 U.S.C.
§ 2615(a).III. CIVIL PENALTY -
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 other relevant factors, Respondent agrees to
pay a civil penalty in the amount of FOUR HUNDRED AND TWENTY-THREE
THOUSAND FOUR HUNDRED AND FORTY-EIGHT DOLLARS ($423,448) (the
“Assessed Penalty”). The Assessed Penalty is consistent with the TSCA Section 5 Enforcement
Response Policy (TSCA Section 5 ERP) (amended July 1, 1993) and the Revised Enforcement
Response Policy for TSCA §§ 8,12 & 13 (TSCA Sections 8, 12, and 13 ERP (March 1999). The
TSCA ERP was developed in accordance with the Guidelines for Assessment of Civil Penalties
Under Section 16 of the Toxic Substances Control Act; PCB Penalty Policy, which sets forth a
general penalty assessment policy for TSCA violations. 45 Fed. Reg. 59,770 (Sept. 10, 1980)
(Penalty Policy). The TSCA ERP establishes a framework for applying the statutory factors to be
considered in assessing a civil penalty, i.e.: “the nature, circumstances, extent and gravity of the
violation or violations and, with respect to the violator, ability to pay, effect on ability to
continue to do business, any history of prior such violations, the degree of culpability, and such
other matters as justice may require.” 15 U.S.C. § 2615(a)(2)(B).The Assessed Penalty in this case reflects: (1) a determination of the gravity-based penalty
(GBP) and (2) adjustments to the GBP, taking into account the statutory factors. -
Respondent agrees to pay the Assessed Penalty for the alleged violations identified herein within
thirty (30) days after the date the Final Order ratifying this Consent Agreement is filed with the
Regional Hearing Clerk (“Filing Date”). -
Respondent shall pay the Assessed Penalty using any method or combination of the methods
provided on the EAP website: https://www.epa.gov/financial/makepayment. For additional
instructions see: https://www.epa.gov/financial/additional-instructions-making-payments-epa. -
When making a payment, Respondent shall:
a. Identify every payment with Respondent’s name and the docket number of
this Consent Agreement, TSCA-HQ-2026-5001,b. Concurrently with any payment or within 24 hours of any payment, Respondent shall serve proof of such payment to the following person(s): Gloria Odusote, Case Development Officer Waste and Chemical Enforcement Division Office of Civil Enforcement U.S. Environmental Protection Agency [email protected] 5eMagin Corporation
Docket No. TSCA-HQ-2026-5001
EAB Hearing Clerk (1900L)
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, DC 20460“Proof of payment” means, as applicable, a confirmation of credit 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 appropriate docket number and Respondent’s name. c. Interest, Charges, and Penalties on Late Payments. Pursuant to 31 U.S.C. § 3717, 31 C.F.R. § 901.9, and 40 C.F.R. § 13.11, if Respondent fails to timely pay the full amount of the Assessed Penalty per this Consent Agreement, the EPA is authorized to recover, in addition to the amount of the unpaid Assessed Penalty, the following amounts. (i) 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. (ii) Handling Charges. Respondent will be assessed monthly a charge to cover the EPA’s costs of processing and handling overdue debts. If Respondent fails to pay the Assessed Penalty in accordance with this Consent Agreement, the 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. (iii)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, penalties, and other charges, that remain delinquent more than ninety (90) days. Any such amounts will accrue from the Filing Date. -
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 Consent Agreement, the EPA may take additional actions. Such actions the EPA may
take 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. §§ 6eMagin Corporation
Docket No. TSCA-HQ-2026-5001
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, per 40 C.F.R. Part 13, Subparts C and H. c. Suspend or revoke Respondent’s licenses or other privileges, or suspend or disqualify Respondent from doing business with the EPA or engaging in programs the EPA sponsors or funds, per 40 C.F.R. § 13.17. d. Refer this matter to the United States Department of Justice for litigation and collection, per 40 C.F.R. § 13.33. -
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. -
Tax Treatment of Penalties. Penalties, interest, and other charges paid pursuant to this Consent
Agreement shall not be deductible for purposes of federal taxes. -
Pursuant to 26 U.S.C. § 6050X and 26 C.F.R. § 1.6050X-1, the EPA is required to send to the
Internal Revenue Service (“IRS”) annually, a completed IRS Form 1098-F (“Fines, Penalties,
and Other Amounts”) with respect to any court order or settlement agreement (including
administrative settlements), that require a payor to pay an aggregate amount that EPA reasonably
believes will be equal to, or in excess of, $50,000 for the payor’s violation of any law or the
investigation or inquiry into the payor’s potential violation of any law, including amounts paid
for “restitution or remediation of property” or to come “into compliance with a law.” The EPA
is further required to furnish a written statement, which provides the same 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-9 or Tax Identification Number (“TIN”), as described 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, the EPA herein requires, and Respondent herein agrees, that:a. Respondent shall complete an IRS Form W-9 (“Request for Taxpayer Identification Number and Certification”), which is available at https://www.irs.gov/pub/irs- pdf/fw9.pdf; b. Respondent shall therein certify that its completed IRS Form W-9 includes Respondent’s correct TIN or that Respondent has applied and is waiting for issuance of a TIN; c. Respondent shall email its completed Form W-9 to Milton Wise at EPA’s Cincinnati Finance Center at [email protected], within 30 days after the 7eMagin Corporation
Docket No. TSCA-HQ-2026-5001
effective date of this CAFO, and EPA recommends encrypting IRS Form W-9
email correspondence; andd. In the event that 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) Notify EPA’s Cincinnati Finance Center of this fact, via email, within 30 days after the 30 days after the Effective Date; and (ii) Provide EPA’s Cincinnati Finance Center with Respondent’s TIN, via email, within five (5) days of Respondent’s issuance and receipt of the TIN. IV. TERMS OF SETTLEMENT -
In accordance with 40 C.F.R. § 22.18(c), Respondent’s full compliance with this Consent
Agreement shall only resolve Respondent’s liability for federal civil penalties for the violations
and facts alleged in this Consent Agreement. -
This settlement is conditioned upon the thoroughness and accuracy of Respondent’s submissions
to the EPA in this matter. -
As a condition of this Consent Agreement, Respondent may import, process, use, and distribute
Chemicals A, B, C, D, E, F, G, H and J while EPA reviews the LVE applications of Chemicals
A, B, C, D, E, F, G, H and J, under the following conditions collectively under this Paragraph 33
referred to as “the Compliance Plan.” The Compliance Plan shall remain in place following the
effective date of the CAFO until the LVE applications for Chemicals A, B, C, D, E, F, G, H and
J are approved, unless terminated earlier pursuant to either of the following conditions: (1) the
EPA notifies Respondent of the Agency’s determination that Respondent must cease importing,
processing, distributing in commerce, or use, at any time during the LVE review period based on
EPA’s finding that it may be necessary to prevent a potential unreasonable risk of injury to
human health or the environment, or (2) Respondent withdraws its LVE applications. Each LVE
application is submitted, reviewed, and evaluated separately and the terms of the Compliance
Plan are applied to each chemical and LVE application separately, EPA actions are applied to
each chemical and LVE application separately. The import, processing, use and distribution must
be in accordance with the following:a. Terms of Manufacturing (Importing)/Processing/Use of Chemicals A, B, C, D, E, F, G, H
and J
i. Respondent may manufacture (import) Chemicals A, B, C, D, E, F, G, H and J
below the 12-month production volume from the date of entry of this CAFO
as indicated in each LVE application.
ii. Respondent may manufacture Chemicals A, B, C, D, E, F, G, H and J only by
import into the United States (i.e., no domestic manufacture).
iii. Respondent may use Chemicals A, B, C, D, E, F, G, H and J at its facility
located at 700 South Drive, Hopewell Junction, NY 12533, only.8eMagin Corporation
Docket No. TSCA-HQ-2026-5001
iv. Respondent may use Chemicals A, B, C, D, E, F, G, H and J only for the
specific use(s) described in each LVE application.
b. No Release to Water. Respondent is prohibited from any release of Chemicals A, B, C, D, E, F, G, H and J or any waste stream containing Chemicals A, B, C, D, E, F, G, H and J into water.
i. If for any reason Respondent fails to comply with the release limitations
applicable to Chemicals A, B, C, D, E, F, G, H and/or J, Respondent shall
notify EPA, electronically according to procedures set forth in 40 C.F.R. §
703.5(f), within 5 days of the release.
ii. The notification must include the location of the release, an explanation and
description of the reasons for the release, the amount of the release or
deviation, all actions taken or to be taken to prevent or minimize the release
and future release, and a schedule for implementation of any measures to be
taken to prevent or mitigate effects of the release and any future releases.
iii. Maintain records documenting establishment and implementation of
procedures designed to ensure compliance with any applicable water
discharge limit, discharge monitoring requirement, or other requirement
related to the release to water of Chemicals A, B, C, D, E, F, G, H and J.
Records may include sampling and laboratory analyses of the discharge, and
records related to discharges under the Federal Water Pollution Control Act
(commonly known as the Clean Water Act (CWA)) or analogous State law,
including location of treatment facility, permit numbers issued under all
federal environmental statutes, method of treatment, monitoring and release
records (including Discharge Monitoring Reports) pursuant to the CWA, and
/or additional information in support to demonstrate compliance. If
Respondent uses a third party for disposal, Respondent must maintain records
demonstrating the third party does not release to water.
c. Respiratory Protection
i. Respondent must ensure that each person reasonably likely to be exposed to
Chemicals A, B, C, D, E, F, G, H, and/or J via inhalation is provided with, and
is required to wear, a National Institute for Occupational Safety and Health
(NIOSH)-certified respirator with an Assigned Protection Factor (APF) of at
least 10.
ii. All respirators must be issued, used and maintained according to an
appropriate respiratory protection program in accordance with OSHA and
NIOSH respiratory protection requirements in 29 C.F.R. § 1910.134 and 42
C.F.R. part 84.
iii. Respondent must maintain records documenting establishment and
implementation of respiratory protection. Records used to demonstrate
compliance under 29 C.F.R. § 1910.1200(e) may be used to satisfy this record
keeping obligation if such records fulfill the requirements of respiratory
protection.
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d. Dermal Personal Protective Equipment
i. Respondent must ensure that each person reasonably likely to be dermally
exposed through direct handling or contact with equipment or surfaces
containing or contaminated with Chemicals A, B, C, D, E, F, G, H, and/or J is
provided with, and is required to wear, personal protective equipment (“PPE”)
(i.e., gloves and body suits) that provides a barrier to prevent dermal exposure.
ii. PPE must be selected and used in accordance with the Occupational Safety
and Health Administration (OSHA)’s requirements at 29 C.F.R. §§ 1910.132,
1910.133, and 1910.138.
iii. Gloves must be replaced at the end of each work shift during which they are
exposed to Chemicals A, B, C, D, E, F, G, H, and/or J. If permeation testing
was used to establish impermeability, gloves may not be used for longer than
for which they were tested.
iv. Demonstration of Imperviousness. Respondent must demonstrate that the PPE
selected provides an impervious barrier to prevent dermal exposure during
expected duration and conditions of exposure. Respondent may make this
demonstration by any one or a combination of the following:
1. Permeation Testing. PPE must be tested alone and in combination with
other chemical substances in the work area under the expected
conditions of exposure. Permeation testing should be conducted
according to the American Society for Testing and Materials (ASTM)
F739 “Standard Test Method for Permeation of Liquids and Gases
through Protective Clothing Materials under Conditions of Continuous
Contact.” Results must be reported as the cumulative permeation rate
as a function of time and documented in accordance with ASTM F739
using the format specified in ASTM F1194-99 (2010) “Standard Guide
for Documenting the Results of Chemical Permeation Testing of
Materials Used in Protective Clothing Materials.”
2. Manufacturer Specifications. Manufacturer specifications may be used
to establish that the PPE is impervious to Chemicals A, B, C, D, E, F,
G, H and J alone and in combination with other chemical substances in
the work area under the expected conditions of exposure.
v. Records documenting the determinations that chemical protective clothing is
impervious to Chemicals A, B, C, D, E, F, G, H and J.
e. Hazard Communication
i. Respondent must establish and implement a hazard communication program
consistent with the requirements in 29 C.F.R § 1910.1200 prior to
manufacturing, processing, using and/or distributing Chemicals A, B, C, D, E,
F, G, H and J.
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Docket No. TSCA-HQ-2026-5001
ii. Respondent must maintain records documenting the establishment and
implementation of a hazard communication program, including copies of
labels and safety data sheets.
f. Distribution: Respondent is prohibited from distribution of Chemicals A, B, C, D, E,
F, G, H and J unless incorporated as part of an “article” as defined at 40 C.F.R. §
720.3(c).
-
Respondent shall maintain records documenting its compliance with its duties under Paragraph
33 for five (5) years after the date they are created and must produce them for inspection,
copying or as otherwise required under Section 11 of TSCA, 15 U.S.C. § 2610. -
Respondent shall submit a monthly status report on the dates and quantities of importation that
occurred after December 4, 2025 for Chemicals A, B, C, D, E, F, G, H and J for each month, a
certification statement that the conditions described in paragraph 33 are being met, and any
corrective measures that are determined to be taken via EPA’s Central Data Exchange on the
fifth business day of each month until EPA approves the LVE applications for Chemicals A, B,
C, D, E, F, G, H and J. -
As set forth in this paragraph and Paragraph 37 below, Respondent shall pay certain penalties
negotiated and agreed to by EPA and Respondent for importations of Chemicals A, B, C, D, E,
F, G, H and J that occur on or after December 4, 2025 and before EPA approves the LVE
applications for A, B, C, D, E, F, G, H and J. Those importations, including those included in
Respondent’s monthly status reports to EPA, shall be assessed a $9,702 penalty as a one-day
violation for each day of import that occurs containing Chemicals A, B, C, D, E, F, G, H and/or
J. -
Subsequent to the last monthly status report described in paragraph 35, EPA shall make a written
demand for civil penalties for the importations. Respondent shall pay civil penalties as described
in paragraph 36 above, owing to the United States, not more than thirty (30) calendar days after
receipt of the written demand from EPA. Payment of the penalty amount shall be made in
accordance with the directions described in paragraphs 26-28 above. -
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 this Consent Agreement. -
Compliance with this Consent Agreement and Final Order shall not be a defense to any
subsequent action EPA may commence pursuant to federal law or regulation for violations, other
than those addressed in paragraph 36 above, occurring after the date of this Consent Agreement,
or any violations of TSCA not alleged in this Consent Agreement that may have occurred prior
to the date that this Consent Agreement is fully executed by both Parties. -
Nothing in this Consent Agreement or the Final Order is intended to, nor shall be construed to,
operate in any way to resolve any criminal liability of Respondent.11eMagin Corporation
Docket No. TSCA-HQ-2026-5001
V. OTHER MATTERS -
Subject to the terms and conditions herein, 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. -
The undersigned representatives of each Party certifies that he or she is duly authorized by his or
her respective Party to enter into this binding Consent Agreement. -
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. -
This Consent Agreement shall not dispose of the proceeding without a final order from the EAB
ratifying the terms of this Consent Agreement. This Consent Agreement shall be effective upon
the filing of the Final Order by EPA’s EAB. Unless otherwise stated, all time periods stated
herein shall be calculated in calendar days from such date. -
Respondent’s obligations under this Consent Agreement shall end when it has paid in full the
Assessed Penalty, paid any stipulated penalties, and completed and provided EPA with copies of
all deliverables required to be submitted to EPA pursuant to this Consent Agreement and Final
Order. -
If Respondent disposes of Chemicals A, B, C, D, E, F, G, H, and/or J or any waste stream
containing Chemicals A, B, C, D, E, F, G, H, and/or J, disposal shall be in accordance with
applicable federal and state requirements. Respondent shall 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 Chemicals. -
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 judgement rate provided in 28 U.S.C. § 1961. -
Failure of Respondent to comply with the obligations of this Consent Agreement and Final Order
is a violation of Section 15(1) of TSCA, 15 U.S. C. § 2614(1). -
The Parties agree to bear their own costs and attorney’s fees.
12eMagin Corporation
Docket No. TSCA-HQ-2026-5001
FOR COMPLAINANT:Digitally signed by DIANADIANA SAENZ
SAENZ Date: 2026.04.01
13:57:01 -04'00'
Diana Saenz
Acting Director
Waste and Chemical Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
United States Environmental Protection Agency
Digitally signed by YAN
YAN SUN SUN
Date: 2026.04.01
13:35:54 -04'00'
G
Yan Sun
Attorney Adviser
Waste and Chemical Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
United States Environmental Protection Agency
14
CERTIFICATE OF SERVICE
I certify that copies of the foregoing “Consent Agreement” and “Final Order,” in the
matter of eMagin Corporation, Docket No. TSCA-HQ-2026-5001, were sent to the following persons on June 1, 2026, in the manner indicated:
By E-mail:
Yan Sun, Attorney
Waste and Chemical Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
[email protected]
Amal Ghosh
President & Chief Executive Officer
eMagin Corp.
[email protected]
Gary S. Guzy
Covington & Burling LLP
[email protected]
Digitally signed by
TOMMIE MADISON
Date: 2026.06.01
10:41:02 -04'00'
Tommie Madison
Clerk of the Board
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