H&S Performance, LLC (Board decision, December 17, 2015)

Plain-English summary

H&S Performance, LLC resolved an EPA 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). The Board ordered H&S Performance, LLC to comply with all terms of the Consent Agreement effective immediately. The two-page Final Order does not state the underlying violation or any penalty amount.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b)-(c)
• Outcome: The Consent Agreement was incorporated by reference and ratified, and H&S Performance, LLC was ordered to comply with its terms immediately.
• Key point: Ratification made the Consent Agreement an immediately binding Final Order.

Full text (EPA EAB public release)

                                                                              F I L E D
                                                                                  DEC 17 2015
                       ENVIRONMENTAL APPEALS BOARD
              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, D.C.                    Clerk, Environmental Appeals Board
                                                              INITIALS [illegible]


                 )

In re: )
) Docket No. CAA-HQ-2015-8248
H&S Performance, LLC)
)
Respondent. )
)

                                     FINAL ORDER

      Pursuant to 40 C.F.R. § 22.18(b)-(c) of the United States Environmental Protection Agency’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 the terms of the Consent Agreement,

effective immediately.

      So ordered.1


                                                  ENVIRONMENTAL APPEALS BOARD

Dated: DEC 17, 2015 By: [illegible]
Mary Beth Ward
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 Final Order in the matter of H&S Performance, LLC,

Docket No. CAA-HQ-2015-8248, were sent to the following persons in the manner indicated:

By First Class Certified Mail/
Return Receipt Requested:

Bentley Hugie and Casey Shirts, Co-Principals
H&S Performance, LLC
c/o Barry Clarkson
Clarkson, Draper & Beckstrom
162 North 400 East, Suite A-204
P.O. Box 1630
St. George, UT 84771

By Interoffice Mail:

Kathryn P. Caballero
Air Enforcement Division
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Mail Code 2242A
Washington, DC 20460

      DEC 17 2015
                                                                  Annette Duncan
                                                                  Secretary