Bell Trucks America, Inc. and Bell Equipment Limited (Board decision, March 31, 2017)

Plain-English summary

Bell Trucks America, Inc. and Bell Equipment Limited resolved a Clean Air Act enforcement matter through a Consent Agreement. The Environmental Appeals Board incorporated and ratified that agreement under 40 C.F.R. § 22.18(b)-(c) and Clean Air Act section 205(c)(1), 42 U.S.C. § 7524(c)(1). The Board ordered the Respondent 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); 42 U.S.C. § 7524(c)(1)
• Outcome: The Consent Agreement was incorporated and ratified, and the Respondent was ordered to comply with its terms.
• Key point: The Final Order made the Clean Air Act Consent Agreement binding on the respondent effective immediately.

Full text (EPA EAB public release)

F I L E D
MAR 31 2017
Clerk, Environmental Appeals Board
INITIALS [illegible]

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

In re:

Bell Trucks America, Inc. &
Bell Equipment Limited

Docket No. CAA-HQ-2016-7854

FINAL ORDER

Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice and section 205(c)(1) of the Clean Air Act, 42 U.S.C. § 7524(c)(1), 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.¹
ENVIRONMENTAL APPEALS BOARD

Date: MAR 31 2017

Mary Kay Lynch
Judge, Environmental Appeals Board

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

CERTIFICATE OF SERVICE

I certify that the foregoing “Consent Agreement” and “Final Order,” in the Matter of Bell Trucks Americas, Inc. & Bell Equipment Limited., Docket No. CAA-AED-2017-8351, were filed and copies of the same were mailed to the parties as indicated below:

Via Interoffice Mail:

Evan Belser, US EPA, Air Enforcement Division

1200 Pennsylvania Avenue, N.W. (Mail Code 2242A)
William Jefferson Clinton Federal Building, Room 1109B Washington, D.C. 20460

Via U.S. Certified Mail:

Shannon S. Broome

Hunton & Williams LLP
2200 Pennsylvania Ave., NW
Washington, DC 20037

Annette Duncan, Administrative Specialist
U.S. Environmental Protection Agency
Environmental Appeals Board

Dated: March 31, 2017