Lu Yuan, Inc. and Zhejiang Yongkang Luyuan Industrial & Trading, Co. Ltd. (Board decision, September 30, 2014)

Plain-English summary

The Environmental Appeals Board received a Consent Agreement resolving an EPA Clean Air Act enforcement matter against Lu Yuan, Inc. and Zhejiang Yongkang Luyuan Industrial & Trading, Co. Ltd. The Board incorporated the agreement by reference into a Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The respondent was ordered to comply with all terms of the Consent Agreement effective immediately. The two-page public release does not state the agreement's penalty amount or other substantive terms.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b)-(c).
• Outcome: Consent Agreement ratified and respondent ordered to comply with its terms.
• Key point: The EAB may resolve an enforcement matter by incorporating and ratifying a Consent Agreement in a Final Order.

Full text (EPA EAB public release)

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

In re: )
)
SEP 3 0 2014
Lu Yuan, Inc. and
Zhejiang Yongkang Luyuan
) ~~
) Docket No. CAA-HQ-2014-7829 L-~~~;e::;====--.;..J
Industrial & Trading, Co. Ltd. )
)

___L)
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 Respondent is ORDERED to comply with all terms of the Consent Agreement,

effective immediately.

      So ordered.



                                               ENVIRONMENTAL APPEALS BOARD 1



                                                            Leslye M. Fraser
                                                      Environmental Appeals Judge



      1
    The three-member panel ratifying this matter is composed of Environmental Appeals

Judges Leslye M. Fraser, Randolph L. Hill, and Kathie A. Stein.

                            CERTIFICATE OF SERVICE

I certify that the foregoing "Consent Agreement" and "Final Order," In the Matter ofLu Yuan,
Inc., and Zhejiang Yongkang Luyuan Industrial & Trading, Co., Ltd. Docket No. CAA-HQ-
2014-7829, were filed and copies ofthe same were mailed to the parties as indicated below.

Via Interoffice Mail:

     David Alexander, US EPA, Air Enforcement Division
     1200 Pennsylvania Avenue, N.W.
     Mail Code 2242A
     William Jefferson Clinton Building South Room 1111C
     Washington, D.C. 20460

Via U.S.P.S. Certified Mail:

     James Rubin
     Dentons US LLP
     1301 K Street, NW
     Suite 600, East Tower
     Washington, DC 20005-3364
     Attorney for Respondents



        ~SEP 3   nZ014                  U.S. Environmental Protection Agency
                                             Environmental Appeals Board

Dated:
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