Atlantic Trading & Marketing, Inc. (Board decision, May 24, 2017)

Plain-English summary

Atlantic Trading & Marketing, Inc. resolved a Clean Air Act enforcement matter through a Consent Agreement with EPA. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board ordered the respondent to comply with every term of the Consent Agreement, effective immediately. The order itself 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 and ratified, and the respondent was ordered to comply with its terms.
• Key point: An EAB Final Order can make a Consent Agreement resolving a Headquarters enforcement matter binding on the respondent.

Full text (EPA EAB public release)

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

In re: )
)
Atlantic Trading & Marketing, Inc. ) Docket No. CAA-HQ-2016-8273
)
Respondent. )
)

                     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.¹

                     ENVIRONMENTAL APPEALS BOARD

Dated: May 24, 2017 By: Kathie A. Stein
Kathie A. Stein
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 Atlantic Trading & Marketing, Inc., Docket No. CAA-HQ-2016-8273, were filed and copies of the same were sent to the following persons in the manner indicated:

By First Class Certified U.S. Postal Service Mail, Return Receipt Requested:

Craig Watel
Atlantic Trading & Marketing, Inc.
5847 San Felipe Street
San Felipe Plaza, Suite 2100
Houston, Texas 77057

Susan G. Lafferty
Eversheds Sutherland (US) LLP
700 6th Street, N.W., Suite 700
Washington, D.C. 20001

By U.S. EPA Pouch Mail:

Virginia Sorrell
Office of Regional Counsel, Region 8
U.S. Environmental Protection Agency
1595 Wynkoop Street
Mail Code 8MSU
Denver, Colorado 80202

Dated: May 24, 2017 Annette Duncan
Secretary