Document r69nn1GLRD3g3jRYBzG7B3DEJ

REGION 6 DALLAS, TX 75270 FFIILLEEDD 18 JAN 24 AM 11:31 RREEGGIIOONNAALL HHEEAARRIINNGG CCLLEERRKK EEPPAA RREEGGIIOONN 66 1/12/2024 SENT BY ELECTRONIC MAIL OFFICE@TRCHEMICAL.COM Fredo King Turpentine & Rosin Factors of Texas, Inc. 700 Celum Road Clint, Texas 79836 Re: Notice of Warning for Late/Non-Reported Pesticide Production Report EPA Docket No. FIFRA-06-2024-0313 Dear Mr. King, 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 Turpentine & Rosin Factors of Texas, Inc. is in violation of Section 12(a)(2)(L) of FIFRA, 7 U.S.C. 136j(a)(2)(L), for failure to file pesticide production reports (EPA Form 3540-16) for the EPA-registered establishment as required by Section 7(c) of FIFRA, 7 U.S.C. 136e(c). Specifically, EPA records indicate that annual reports were not filed for the establishment by the March 1 due dates. EPA Est. No. 11668-TX-1 11668-TX-1 Report Year 2022 2019 Postmarked Date N/A N/A Status Non-Reported Non-Reported You are hereby advised to submit pesticide production reports, including all identified as non-reported, 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-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 violations 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, Yurk, Jeff Digitally signed by Yurk, Jeff Date: 2024.01.12 11:04:44 -06'00' Jeffrey Yurk, Manager Waste Enforcement Branch