Document nm9abwK7ZxaOd4wzwwXwz8J2G

Message From: Sent: To: CC: Subject: Attachments: Jennifer Gibson [JGibson@NACD.com] 5/22/2017 7:05:10 PM Gunasekara, Mandy [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=53dla3caa8bb4ebab8a2d28ca59b6f45-Gunasekara,]; Beck, Nancy [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=168ecb5184ac44de95a913297f353745-Beck, Nancy] Eric Byer [ebyer@NACD.com] NACD Member Egregious Enforcement Case - Time Sensitive BrenntagMid-South(SARA 313)Violation{051917}.pdf Dear Mandy and Nancy, It was nice to see you last week at NACD's meeting with Administrator Pruitt. As a follow up, Eric Byer and I are working to collect troubling enforcement examples from our members with a goal of getting these to you this week, or early next at the latest. In the meantime, one of our members, Brenntag, reached out to me on Friday with an immediate example from Region 4. EPA is proposing a five-figure penalty for failure to hit the certify button for one chemical when submitting a Toxic Release Inventory report. A description of the case is attached. This is a perfect example of extreme monetary penalties issued for minor administrative errors that result in no harm to the environment and of the "Find & Fine" enforcement approach we discussed. In this case, even the agency's rationale for the large penalty is flawed. Can you assist with this? We are curious to know if Region 4 even vetted this penalty through EPA headquarters as this seems completely contrary to the approach Administrator Pruitt indicated he would like the agency to take. Please let me know if you need any additional information. Thank you so much for your consideration. Best regards, Jennifer Jennifer C. Gibson ica President, Regulatory Affairs Rational Association of Chem ical Distributors (R A CD ) 1550 Wilson BivcL,. Suite 1100 Ariinqton, VA 22209 (703) 527-6223 H e x c H Main Line (70S) 527-7747 -TaX'"'"" ( 571) 482-3047 - P i reef cell iaibson@nacd.com United if f Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00043476-00001 Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00043476-00002