Peace Industry Group (USA) Inc. and Blue Eagle Motor, Inc. (Board decision, December 23, 2016)

Plain-English summary

Peace Industry Group (USA) Inc. and Blue Eagle Motor, Inc. resolved an EPA matter through a Consent Agreement. The Environmental Appeals Board incorporated that agreement by reference into its 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 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 by reference and ratified, and the Respondents were ordered to comply with its terms.
• Key point: The Final Order made the Consent Agreement binding on the Respondents effective immediately.

Full text (EPA EAB public release)

F I L E D
DEC 23 2016
Clerk, Environmental Appeals Board
INITIALS [illegible]

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

In re:

Peace Industry Group (USA) Inc. and Blue
Eagle Motor, Inc.

Docket No. CAA-HQ-2014-8119

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: December 23, 2016

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.

AMENDED CERTIFICATE OF SERVICE

I certify that copies of the foregoing “Consent Agreement” and “Final Order,” in the matter of Peace Industry Group (USA) Inc. and Blue Eagle Motor, Inc., Docket No. CAA-HQ- 2014-8119, issued December 23, 2016, were sent to the following persons in the manner indicated. As originally posted on the Environmental Appeals Board’s website, the Certificate of Service erroneously stated that service was made on December 23, 2016. This Amended Certificate of Service documents that the “Consent Agreement” and “Final Order” was served on December 27, 2016, and that the Amended Certificate was sent to the following persons in the manner indicated on December 28, 2016.

By First Class Certified Mail/
Return Receipt Requested:

G. Michael Smith

Smith, Collins & Fletcher, P.A.
8565 Dunwoody Place, Bldg. #5
Atlanta, GA 30350

By Interoffice Mail:

Brianna Iddings

Air Enforcement Division

Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency

1200 Pennsylvania Ave., NW

Mail Code 2242A

Washington, DC 20460

Evan Belser

Air Enforcement Division

Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency

1200 Pennsylvania Ave., NW

Mail Code 2242A

Washington, DC 20460

Dated: 12/28/2016

Annette Duncan
Secretary