January 9, 2019 Sweetnam and Schwartz

Ed Schwartz successfully resolved an administrative enforcement matter in which the US Environmental Protection Agency, Region 4 alleged multiple violations of the Toxic Substances Control Act (TSCA) by a client involved in chemical manufacturing. Specifically, EPA alleged that the client manufactured two chemical products that were included on the TSCA Inventory, without having filed pre-manufacture notices (PMN) or having obtained polymer exemptions in violation of TSCA section 5; and that the client failed to submit an Inventory Update Release (IUR) report in 2006 for the 2005 reporting year for another chemical in violation of TSCA section 8. EPA proposed the assessment of a substantial penalty for the alleged violations. After presenting compelling and unique legal and equitable defenses to EPA, Ed was able to achieve a significant (over 80%) reduction of the originally proposed penalty. In-house counsel for the client was extremely satisfied with the resolution, stating “We could not be more pleased with Ed’s representation. He took the time to understand our business and the situation. He formulated a highly effective strategy, utilizing his intimate, hands-on knowledge of TSCA and the penalty policy, as well as his personal relationships with EPA personnel, to negotiate and achieve a favorable result for our company that, at the outset, seemed impossible. Thanks, Ed.”

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