Yamaha Motor Corporation, U.S.A. (Board decision, September 14, 2015)

Plain-English summary

Yamaha Motor Corporation, U.S.A. resolved an EPA Clean Air Act matter through a Consent Agreement. The Environmental Appeals Board incorporated the agreement by reference into its Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). In ratifying the penalty assessment for recordkeeping violations, the Board stated that it relied on the statutory factors in Clean Air Act section 205(c)(2), 42 U.S.C. § 7524(c)(2), rather than an interim, nonpublic penalty policy. The Board ordered Yamaha to comply with all terms of the Consent Agreement effective immediately. The two-page Final Order does not state the penalty amount or describe the underlying recordkeeping violations in detail.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b)-(c); 42 U.S.C. § 7524(c)(2)
• Outcome: The Consent Agreement was incorporated by reference and ratified, and Yamaha was ordered to comply with its terms immediately.
• Key point: The Board ratified the penalty assessment using the Clean Air Act's statutory factors and made the Consent Agreement immediately binding.

Full text (EPA EAB public release)

                   ENVIRONMENTAL APPEALS BOARD                                      SEP 1 4 2015
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, D.C.                                                          [stamp obscures text]

                             )

In re: )
) Docket No. CAA-HQ-2015-8146
Yamaha Motor Corporation, U.S.A. )
)
)
-------------------------------)

                                           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. With respect to ratifying the penalty assessment for the recordkeeping violations set forth in this Consent Agreement, the Board does not rely on any interim, nonpublic penalty policy. Rather, the Board relies on the statutory factors set forth in the Clean Air Act § 205(c)(2), 42 U.S.C. § 7524(c)(2),

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

effective immediately.

   So ordered.

                                                  ENVIRONMENTAL APPEALS BOARD¹

Dated: 9/14/15 By: [illegible]
Mary Kay Lynch
Environmental Appeals Judge

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

Judges Mary Kay Lynch, 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 Yamaha Motor Corporation, U.S.A., Docket No. CAA-HQ-2015-8146, 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:
Granta Y. Nakayama
King & Spaulding LLP
1700 Pennsylvania Ave., N.W.
Suite 200
Washington, DC 20006

By Interoffice Mail:
Jacqueline R. Werner
Air Enforcement Division, Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Mail Code 2242A
Washington, DC 20460

        SEP 14 2015

                                                          Annette Duncan
                                                            Secretary