Document GzdJyaV6DrDxYKkxwv5bLjkx4

REGION 6 DA LLAS, TX 75270 FILED 31 JAN 24 AM 10:49 REGIONAL HEARING CLERK EPA REGION 6 1/26/2024 SENT BY ELECTRONIC MAIL brianhogan330@gmail.com Brian Hogan American Sanitation Supplies, LLC 1411 East 4th Street Hallettville, Texas 77964 Re: Notice of Warning for Late/Non-Reported Annual Pesticide Production Report EPA Docket No. FIFRA-06-2024-0361 Dear Mr. Hogan: 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 American Sanitation Supplies, LLC is in violation of Section 12(a)(2)(L) of FIFRA, 7 U.S.C. 136j(a)(2)(L), for failure to file the calendar year 2022 pesticide production report (EPA Form 3540-16) for EPA Establishment Number 100002-TX-1 as required by Section 7(c) of FIFRA, 7 U.S.C. 136e(c), on or before the annual March 1 due date. EPA records indicate that the report filed for your establishment is postmarked on August 18, 2023. You are hereby advised to comply with the regulations promulgated at 40 C.F.R. 167.85(d) which states the due date for annual reports as being March 1 of each 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-pesticideestablishments. 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-3540-16pesticide-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 $23,494 per violation and/or termination of your registration as a pesticide producing establishment. 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 Yurk, J ff Yu r k, e ~:e, 2024.01.26 11 ,40,os --06'00' Jeffrey Yurk, Manager Waste Enforcement Branch