Alon USA, LP (Board decision, January 25, 2018)

Plain-English summary

The EPA EAB order concerns Alon USA, LP in a Clean Air Act enforcement matter. The two-page release does not describe the alleged violation, the penalty, or the specific obligations in the incorporated Consent Agreement. The Board ratified the Consent Agreement under EPA's Consolidated Rules of Practice and ordered Alon USA, LP to comply with all of its terms effective immediately. The order is a final disposition, but the released pages do not provide enough information to describe the underlying claims or financial result.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b) and § 22.18(c)
• Outcome: The Consent Agreement was ratified, and Alon USA, LP was ordered to comply with its terms immediately.
• Key point: An EAB Final Order can incorporate and ratify a Consent Agreement and make compliance effective immediately.

Full text (EPA EAB public release)

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

In re: )
)
Alon USA, LP ) Docket No. CAA-HQ-2018-8194
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)
)
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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.

ENVIRONMENTAL APPEALS BOARD¹

Dated: 1/25/2018 Mary Beth Ward
Environmental Appeals Judge

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

CERTIFICATE OF SERVICE

I certify that copies of the foregoing “Consent Agreement” and “Final Order,” in the matter of Alon USA, LP, Docket No. CAA-HQ-2018-8194, were filed and copies of the same were sent to the following persons in the manner indicated:

By First Class Certified Mail/
Return Receipt Requested:
Carrick Brooke-Davidson
Vinson & Elkins LLP
2801 Via Fortuna, Suite 100
Austin, TX 78746-7568

By EPA Pouch Mail:
Melissa Schefski
U.S. Environmental Protection Agency
OECA/AED/Western Field Office
Mail Code 8MSU
1595 Wynkoop Street
Denver, CO 80202-1129

Dated: JAN 25 2018 Annette Duncan
Administrative Specialist