Document DGgggVonZ7z03zkdkz5je1xp4

REGION 6 DA LLAS, TX 75270 FILED 17 JUL 25 PM 02:58 REGIONAL HEARING CLERK EPA REGION 6 July 15, 2025 SENT BY ELECTRONIC MAIL JSINZER@LD-SUPPLY.COM JS Inzer LD Supply Company, Inc. 3800 Duranzo Ave El Paso, Texas 79905 Re: Notice of Warning for Late/Non-Reported Pesticide Production Report EPA Docket No. FIFRA-06-2025-0386 Dear JS Inzer: This letter constitutes a warning pursuant to Section 9(c)(3) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136g(c)(3). The U.S. Environmental Protection Agency (EPA) is hereby alleging that LD Supply Company, Inc. is in violation of Section 12(a)(2)(L) of FIFRA, 7 U.S.C. 136j(a)(2)(L), for failure to file a pesticide production report (EPA Form 3540-16) for an EPA-registered establishment as required by Section 7(c) of FIFRA, 7 U.S.C. 136e(c). Specifically, EPA records indicate that an annual report was not filed for the establishment by the March 1 due date. EPA Est. No. 13019-TX-1 Report Year 2021 Postmarked Date n/a Status Non-reported You are hereby advised to submit pesticide production reports, including all identified as nonreported, pursuant to the regulations promulgated at 40 C.F.R. 167.85(d) which states that a producer operating an establishment must submit an initial report no later than 30 days after the first registration of each establishment the producer operates. Thereafter, the producer must submit an annual report on or before March 1 of each year, even if the producer has produced no pesticidal product for that reporting year. Reports can be submitted electronically through EPA's Central Data Exchange (CDX) website. Please see the following link for additional information about electronic reporting for pesticide establishments: https://www.epa.gov/compliance/electronic-reporting-pesticide-establishments. Alternatively, a hard copy version of the form (for submission via conventional mail) is available at the following link: https://www.epa.gov/compliance/epa-form-3540-16-pesticide-report-pesticide- producing-and-device-producing. EPA has determined this Notice of Warning is an appropriate enforcement response for the apparent violation of FIFRA. Subsequent violations of Section 7(c) of FIFRA, 7 U.S.C. 136e(c), may subject you to an administrative civil penalty of up to $24,8851 per violation and/or termination of your registration as a pesticide producing establishment. If you have any questions concerning this matter, please contact Justin Mullenix by phone at 214-6657173 or by email at mullenix.justin@epa.gov. Sincerely, Digitally signed by JEFFREY JEFFREY YU RK ~~:e~ 202s.o?.1s o?:10:04 -05'00 ' Jeffrey Yurk, Manager Waste and Chemical Enforcement Branch 1 This amount is revised yearly through the Civil Monetary Penalty Inflation Adjustment Rule.