Adrenaline Truck Performance, LLC (Board decision, March 29, 2018)

Plain-English summary

The Environmental Appeals Board issued a Final Order concerning Adrenaline Truck Performance, LLC. The Board incorporated and ratified the attached Consent Agreement under EPA's Consolidated Rules of Practice. Adrenaline Truck Performance was ordered to comply with all terms of the agreement effective immediately. The two-page release does not state the underlying alleged violation or a penalty amount.

Decision snapshot

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

Full text (EPA EAB public release)

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

In re: )
)
Adrenaline Truck Performance, LLC ) Docket No. CAA-HQ-2018-8362
)
)

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

Date: March 29, 2018 By: ________
Kathie A. Stein
Environmental Appeals Judge

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

CERTIFICATE OF SERVICE

I certify that copies of the foregoing Consent Agreement and Final Order in the matter of Adrenaline Truck Performance, LLC, Docket No. CAA-HQ-2018-8362, were sent to the following persons in the manner indicated:

By First Class Certified Mail / Return Receipt Requested

For Respondent Adrenaline Truck Performance, LLC
Murray Feldman, Esq.
Emily Shilling, Esq.
Holland & Hart LLP
800 W. Main Street, Suite 1750
Boise, ID 83702
Email: [email protected]
[email protected]

By Interoffice Mail

For EPA Office of Civil Enforcement
Edward Kulschinsky
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Mail Code 2242A
Washington, DC 20460
Email: [email protected]

Dated: MAR 29 2018 ______
Annette Duncan
Administrative Specialist