New Flyer of America, Inc. (Board decision, April 10, 2018)

Plain-English summary

The Environmental Appeals Board issued a Final Order concerning New Flyer of America, Inc. The Board incorporated and ratified the attached Consent Agreement under EPA's Consolidated Rules of Practice. New Flyer 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 New Flyer 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)

F I L E D
Apr 10 2018
Clerk, Environmental Appeals Board
INITIALS ______

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

In re: )
)
New Flyer of America, Inc. ) Docket No. CAA-HQ-2017-8363
)
)
)

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: Apr 10 2018 ________
Mary Beth Ward
Environmental Appeals Judge

¹ The three-member panel ratifying this matter is composed of Environmental Appeals Judges Lynch, Stein, and Ward.

CERTIFICATE OF SERVICE

I certify that copies of the foregoing “Consent Agreement” and “Final Order,” in the matter of New Flyer of America, Inc., Docket No. CAA-HQ-2017-8363, were sent to the following persons in the manner indicated:

By E-mail: Robert V. Cornish Jr.
Attorney at Law
Mr. Colin Pewarchuk Wilson Elser Moskowitz Edelman Executive Vice President, & Dicker LLP General Counsel 200 Campus Drive New Flyer Industries Inc. Florham Park, NJ 07932-0668 711 Kernagham Avenue [email protected] Winnipeg, Manitoba R2C 3T4 Jocelyn L. Adair [email protected] Office of Civil Enforcement
Office of Enforcement and Compliance
Barbara Kelly Assurance Attorney at Law U.S. Environmental Protection Agency Wilson Elser Moskowitz Edelman 1200 Pennsylvania Ave., NW
& Dicker LLP Mail Code 2242A 200 Campus Drive Washington, DC 20460 Florham Park, NJ 07932-0668 [email protected] [email protected]

Dated: Apr 10 2018 _________
Eurika Durr
Clerk to the Board