Van Hool NV (Board decision, September 20, 2017)

Plain-English summary

Van Hool NV 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 Van Hool NV 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 Van Hool NV 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: )
)
Van Hool NV, ) Docket No. CAA-HQ-2017-8365
)
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: September 20, 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 Aaron P. Avila, Mary Kay Lynch, and Kathie A. Stein.

                     CERTIFICATE OF SERVICE

I certify that copies of the foregoing “Consent Agreement” and “Final Order” in the matter of Van Hool NV, Docket No. CAA-HQ-2017-8365, 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:

Linda E. Benfield

Foley & Lardner LLP

777 East Wisconsin Avenue
Milwaukee, Wisconsin 53202

By U.S. EPA Interoffice Mail:

Jocelyn Adair

OECA Air Enforcement Division

U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Mail Code 2242A

WJC-South Room 1109

Washington, D.C. 20460

Dated: September 20, 2017 Annette Duncan
Secretary