Spartan Diesel Technologies, LLC (Board decision, December 6, 2018)

Plain-English summary

A Presiding Officer issued an Initial Decision and Order on Default against Spartan Diesel Technologies, LLC on October 30, 2018. Neither party appealed. The Environmental Appeals Board declined to review the case on its own initiative and stated that the Initial Decision and Order on Default would become a final order on December 14, 2018, under the cited EPA regulations. The order does not describe the underlying Clean Air Act allegations or penalty.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 22.27(c), 22.27(c)(4), and 22.30(b)
• Outcome: The Board declined sua sponte review, allowing the Initial Decision and Order on Default to become final.
• Key point: When neither party appeals an Initial Decision and Order on Default, the EAB may decline to review the case on its own initiative and allow the decision to become final.

Full text (EPA EAB public release)

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

In re:

Spartan Diesel Technologies, LLC

CAA-HQ-2017-8362

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Clerk, Env

CAA Appeal No. 18-(03)

ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW

On October 30, 2018, the Presiding Officer issued an Initial Decision and Order on

Default. Neither party appealed, and the Board is declining to review the case on its own initiative. See 40 C.F.R. §§ 22.27(c)(4), 22.30(b). Accordingly, the Initial Decision and Order

on Default will become a final order on December 14, 2018, pursuant to 40 C.F.R. § 22.27(c). So ordered, i

ENVIRONMENTAL APPEALS BOARD
Dated"

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ry Kay
Environmental Appeals Judge

The three-member panel deciding this matter consists of Environmental Appeals Judges Mary Kay Lynch, May Beth Ward, and Kathie A. Stein.

CERTIFICATE OF SERVICE
I certify that copies of the foregoing Order Declining to Exercise Sua Sponte Review in the matter of Spartan Diesel Technologies, LLC, CAA Appeal No. 18-(03), were sent to the following persons in the manner indicated:

By First Class Certified Mail/Return Receipt Requested:

Matthew Geouge, Registered Agent
Spartan Diesel Technologies, LLC
518 South Allen Rd.
Flat Rock, NC 28731-9447
Matthew Geouge, Manager
Spartan Diesel Technologies,LLC
578 Upward Rd., Suite 7
Flat Rock, NC 28731

Matthew Geouge, Member
Spartan Diesel Technologies, LLC
328 Trenholm Road
Hendersonville, NC 2873
Matthew Geouge, Registered Agent, Manager, and Member Spartan Diesel Technologies 107 Education Dr. Flat Rock, NC 28731 By inter-office Mail:

David E. Alexander, Attorney Advisor
U.S. EPA. Office of Civil Enforcement (MC-2242A)
Mary Angeles, Headquarters Hearing Clerk
Office of Administrative Law Judges (MC- 1900R)

Dated:

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Annette Duncan
Administrative Specialist
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