Although the chemical industry appellant, Elementis Chromium Inc., prevailed in its appeal of a $2.5 million penalty under the Toxic Substances Control Act (TSCA), a ruling by EPA’s Environmental Appeals Board (EAB) indicates that violations of Section 8(e) of TSCA are continuing, and therefore not subject to the general 5-year federal statute of limitations. In re: Elementis Chromium Inc., March 13, 2015. EPA initiated an enforcement action against Elementis for its failure to send EPA a 2002 industry study showing increased risk of lung cancer to workers exposed to hexavalent chromium (Cr6).  EPA contended that Section 8(e) of TSCA, which generally… Read more