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DuPont to Pay $3.3M for Failure To Report Coating Chemical Risks

Tuesday, December 21, 2010

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DuPont has agreed to pay a $3.3 million federal penalty for failing to report “substantial risk” found during testing of chemicals for use as coatings, sealants and related products.

The consent agreement and penalty will resolve 57 violations of the Toxic Substances Control Act (TSCA) by DuPont, the Environmental Protection Agency announced Tuesday (Dec. 21).

Research Uncovers ‘Substantial Risk’

TSCA requires companies to inform EPA when they have research demonstrating that a chemical could pose a substantial risk to human health and the environment.

In DuPont’s case, the company should have immediately reported research indicating substantial risk from chemicals for possible use as surface protection, masonry protection, water repellants, sealants and paints, EPA said.

Cynthia Giles

“DuPont failed to comply with the law and notify EPA that it had information on chemicals that could pose a risk to human health and the environment,” said Cynthia Giles, assistant administrator for the Office of Enforcement and Compliance Assurance. “EPA is serious about making companies follow our nation’s laws and protecting public health.”

Inhalation Toxicity Studies

The case dates to May 5, 2006, when DuPont notified EPA that the company had failed to submit chemical toxicity studies on rats as required by TSCA Section 8(e). On July 12, 2006, DuPont submitted studies that contained information on chemical toxicity when certain chemicals are inhaled.

EPA determined that 57 of the studies contained information on chemicals that could present a substantial risk of injury to health or the environment and were therefore subject to TSCA Section 8(e).

“Full compliance with TSCA reporting requirements allows EPA to understand and limit, when necessary, potential hazards associated with manufacturing, use, and disposal of chemical substances,” EPA says.

DuPont, the global chemical giant based in Wilmington, DE, released this statement Tuesday:

“During discussions with EPA on a prior enforcement matter, DuPont became aware that EPA disagreed with criteria used by DuPont in assessing reportability under TSCA §8(e) for inhalation studies.  EPA’s position is that its guidance on reporting inhalation results applies to all inhalation phases.  As a result, DuPont reviewed its files and identified 57 studies, which were §8(e)-reportable.  DuPont and EPA have agreed to settle the case. The settlement allows us to put this matter behind us and move forward.”

EPA would not release the list of substances involved in the case, citing business confidentiality.

   

Tagged categories: DuPont; EPA; Masonry; Sealers; Violations

Comment from Wayne Robison, (12/22/2010, 7:51 AM)

Anyone know what the products were that they failed to notify EPA concerning health risks?


Comment from Mary Chollet, (12/22/2010, 8:36 AM)

PaintSquare News has been trying to obtain more information on this. We will let you know what we find out as soon as we get it.


Comment from Jerry LeCompte, (12/22/2010, 1:48 PM)

I am guessing that there was no injury but an overlooked matter of paperwork. The accidental loss of life and serious injury on the job is tragic. However, such matters are systematically designated the fault of the owners/management of the company regardless of real evidence of intended neglect. So, I will say again that our government is legislating our country out of business and has been doing so for decades. The result is that jobs are going to other nations that don't have laws effecting businesses at every level of government as we do here in America. The result is the translocation of jobs, especially in the manufacturing and basic industrial businesses. We either must accept the job losses and its effects on our economy or seek ways to deal with legislated costs through our governmental agencies and legislative bodies. Jerry LeCompte


Comment from Tommy Johnson, (12/22/2010, 7:09 PM)

No injury now, but as with many things in the industry we find out just how toxic they are years from now after many people are sick and entire communities and homes are contaminated.


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