Document 3QNwKmXG6Z2NRO9pZVZax0ELE

SENT BY ELECTRONIC MAIL ADRIAN@TURNERMFG.COM Adrian Montgomery Turner Manufacturing 2727 Girard Blvd NE Albuquerque, New Mexico 87107 REGION 6 DA LLAS, TX 75270 August 18, 2025 FILED 20 AUG 25 AM 07:33 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) Turner Manufacturing; EPA Establishment No. 66263-NM-2 EPA Docket No. FIFRA-06-2025-0424 Dear Adrian Montgomery: Notice of Warning This Notice of Warning is issued to Turner Manufacturing 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 Turner Manufacturing 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 Turner Manufacturing failed to file the Pesticide Report for Pesticide-Producing Establishments (EPA Form 3540-16) as detailed in the table below. EPA Est. No(s). 66263-NM-2 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 Turner Manufacturing'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 notified of EPA's intent to terminate the registration of EPA Establishment Number 66263-NM-2. Pursuant to 40 C.F.R. 167.20(f), EPA intends to terminate the registration of the establishment if Turner Manufacturing 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 Turner Manufacturing. 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 Justin Mullenix by phone at 214-665-7173 or by email at mullenix.justin@epa.gov. Sincerely, JEFFREY YURK Digitally signed by JEFFREY YURK Date: 2025.08.18 15:27:38 -05'00' Jeffrey Yurk, Manager Waste and Chemical Enforcement Branch