Evans Tuning, LLC (Board decision, May 8, 2018)

Plain-English summary

The EPA EAB order concerns Evans Tuning, LLC. The scanned two-page release does not describe the underlying alleged violation or the specific obligations in the incorporated Consent Agreement. The Board incorporated the Consent Agreement into its Final Order and ratified it under EPA's Consolidated Rules of Practice and section 205(c)(1) of the Clean Air Act. Evans Tuning was ordered to comply with every term of the agreement effective immediately. The release does not state a penalty amount.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b), § 22.18(c), and 42 U.S.C. § 7524(c)(1)
• Outcome: The Consent Agreement was ratified, and Evans Tuning 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:
Evans Tuning, LLC
Respondent

)
)
)
)
)
)

Docket No. CAA-HQ-2018-8380

MAY 8 2018
Clerk, Environmental Appeals Board
INITIALS ______

FINAL ORDER

Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice and section 205(c)(1) of the Clean Air Act, 42 U.S.C. § 7524(c)(1), 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: May 8, 2018

Kathie A. Stein
Environmental Appeals Judge

1

The three-member panel ratifying this matter is composed of Environmental Appeals Judges Mary Kay Lynch, Kathie A. Stein, and Mary Beth Ward.

CERTIFICATE OF SERVICE
I certify that copies of the foregoing “Consent Agreement” and “Final Order,” in the matter of Evans Tuning, LLC, Docket No. CAA-HQ-2018-8380, were sent to the following persons in the manner indicated:

By E-mail:
For Respondent:

Charles W. Elliott, Esq.
Counsel for Evans Tuning, LLC
26 North Third Street
Eaton, Pennsylvania 18042
E-mail: [email protected]

For EPA:
Mark J. Palermo, Attorney-Advisor
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Mail Code 2242A
Washington, DC 20460
E-mail: [email protected]

Dated: May 8, 2018

Eurika Durr
Clerk of the Board