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Eastern Cross Shipping S.A. et al. (Board decision, January 10, 2017)

In re Eastern Cross Shipping S.A. et al. (EAB APPS Appeal No. 16-05C): Consent Agreement ratified

Decision type
Board decision
Dockets
APPS 16-05C, MSEB-HQ-2015-8123
Decided
January 10, 2017
Outcome
Settled
Precedential status
Citable Board precedent
Checked against source
2026-08-21
Official source
Read the official release (epa.gov)
PDF
View Official PDF

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Currency note: this decision dates from 2017
The EPA regulations may have been amended, penalty amounts have been adjusted, and later Board or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final EAB decision
This Environmental Appeals Board Final Order is a final disposition of the enforcement proceeding. The Board incorporated and ratified the attached Consent Agreement and ordered the Respondents to comply with all of its terms. The full text below is the official EPA release, transcribed from a scanned PDF with OCR proofreading.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official EPA EAB release. The full text is the agency's own release.
Transcribed from a scanned original: EPA EAB released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (epa.gov)

Plain-English summary

Eastern Cross Shipping S.A., Toyo Kaiun Co. Ltd., and Pacific Basin Chartering (HK) Ltd. resolved an EPA enforcement matter through a Consent Agreement. The Environmental Appeals Board incorporated that agreement into a Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board ordered the Respondents to comply with all terms of the Consent Agreement effective immediately. The two-page Final Order does not state the alleged violation or any penalty amount.

Decision snapshot

  • Cited authorities: 40 C.F.R. § 22.18(b)-(c)
  • Outcome: The Consent Agreement was incorporated and ratified, and the Respondents were ordered to comply with its terms.
  • Key point: The Final Order made the Consent Agreement binding on the named Respondents effective immediately.

Full text (EPA EAB public release)

F I L E D
JAN 10 2017
Clerk, Environmental Appeals Board
INITIALS [illegible]

ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

In re:

Eastern Cross Shipping S.A.,
Toyo Kaiun Co. Ltd., and
Pacific Basin Chartering (HK) Ltd.

Docket No. MSEB-HQ-2015-8123

FINAL ORDER

Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice, the attached Consent Agreement resolving this matter is incorporated by reference into this Final Order and is hereby ratified.

The Respondents are ORDERED to comply with all terms of the Consent Agreement, effective immediately.

So ordered.

ENVIRONMENTAL APPEALS BOARD¹

Dated: 1/10/2017

Mary Beth Ward
Environmental Appeals Judge

¹ The three-member panel ratifying this matter is composed of Environmental Appeals Judges Aaron P. Avila, Kathie A. Stein, and Mary Beth Ward.

CERTIFICATE OF SERVICE

I certify that copies of the foregoing “Consent Agreement” and “Final Order” in the Matter of Eastern Cross Shipping S.A. et al., Docket No. MSEB-HQ-2015-8123, were filed and copies of the same were sent to the following persons in the manner indicated:

By First Class Certified Mail/
Return Receipt Requested:

Todd O. Maiden

Reed Smith LLP

101 Second Street, Suite 1800
San Francisco, CA 94105

By Interoffice Mail:

Meetu Kaul

U.S. EPA, Air Enforcement Division
1200 Pennsylvania Ave., NW
Mail Code 2242A
William Jefferson Clinton Building South Room 1117B Washington, DC 20460

Dated: 1-10-2017

Annette Duncan
Administrative Specialist

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