Document 2Nmjzaq0Qrv4DQqeXj6oy7087

SENT BY ELECTRONIC MAIL INFO@EXTREMESANITIZER.COM Edgardo Gonzales Earth Wind Fire LLC 34 Cheswood Manor Drive Spring, Texas 77382 REGION 6 DA LLAS, TX 75270 September 4, 2025 FILED 04 SEP 25 AM 07:56 REGIONAL HEARING CLERK EPA REGION 6 Re: Notice of Warning and Notice of Intent to Terminate Establishment Registration - Immediate Action Required Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Earth Wind Fire LLC; EPA Establishment No. 96691-TX-1 EPA Docket No. FIFRA-06-2025-0434 Dear Edgardo Gonzales: Notice of Warning This Notice of Warning is issued to Earth Wind Fire LLC pursuant to Section 9(c)(3) of FIFRA, 7 U.S.C. 136g(c)(3). The U.S. Environmental Protection Agency is hereby alleging that Earth Wind Fire LLC violated Section 12(a)(2)(L) of FIFRA, 7 U.S.C. 136j(a)(2)(L), by failing to file annual pesticide production reports for its EPA-registered establishment as required by Section 7(c) of FIFRA, 7 U.S.C. 136e(c). Specifically, EPA is alleging that Earth Wind Fire LLC failed to file the Pesticide Report for Pesticide-Producing Establishments (EPA Form 3540-16) as detailed in the table below. EPA Est. No. 96691-TX-1 Report Year 2020, 2021, 2022, 2023, 2024 Postmarked Date n/a Status Non-reported Pursuant to 40 C.F.R. 167.85(d), producers operating an active establishment must submit an annual report on or before March 1, of each year covering production during the previous calendar year (the reporting year), even if no pesticide product or device was produced at the establishment for that reporting year. Pursuant to Section 14 of FIFRA, 7 U.S.C. 136l, and 40 C.F.R. Part 19, failure to comply with this reporting requirement may subject your producing establishment to an administrative civil penalty. Based on a review of Earth Wind Fire LLC's compliance history, EPA has determined this Notice of Warning is an appropriate enforcement response to the alleged violations noted above. Notice of Intent to Terminate Establishment Registration In addition, you are hereby advised of EPA's intent to terminate the registration of EPA Establishment Number 96691-TX-1. Pursuant to 40 C.F.R. 167.20(f), EPA intends to terminate the registration of the establishment if Earth Wind Fire LLC fails to submit the missing annual pesticide production reports indicated above within 30 calendar days from the date of this notification. A copy of the report form is available on the Internet at: https://www.epa.gov/compliance/epa-form-3540-16-pesticide-report-pesticide-producing-and-deviceproducing-establishments. Termination of the establishment registration will be effective upon the issuance by this office of a Notice of Termination of Establishment Registration. Section 7 of FIFRA prohibits the production of pesticides at any establishment unless that establishment is registered with the EPA. In the event that EPA terminates the establishment registration, any further production at the establishment, including formulation, packaging or labeling, will be in violation of FIFRA and may result in further enforcement action by EPA against Earth Wind Fire LLC. Such enforcement action may include an action to assess penalties as authorized by Section 14 of FIFRA, 7 U.S.C. 136l. EPA developed an information sheet entitled "U.S. EPA Small Business Resources" to help small businesses understand federal and state environmental laws and right under the Small Business Regulatory Enforcement Fairness Act. The information sheet can be found on the Internet at: https://www.epa.gov/compliance/small-business-resources-information-sheet. If you have any questions concerning this matter, please contact Kiera Hancock by phone at 214-665-3176 or by email at hancock.kiera@epa.gov. Sincerely, Digitally signed by JEFFREY JEFF REY YURK Date: 2025.09.04 07:01 :19 YURK -05 '00' Jeffrey Yurk, Manager Waste and Chemical Enforcement Branch