Maryland Performance Diesel, LLC (Board decision, May 22, 2018)

Plain-English summary

The EPA EAB order concerns Maryland Performance Diesel, LLC. The 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. Maryland Performance Diesel 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 Maryland Performance Diesel 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)

F I L E D
May 22 2018

Clerk, Environmental Appeals Board

INITIALS ______

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

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In re
Maryland Performance Diesel, LLC

Docket No. CAA-HQ-2018-8353

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:

5/22/2018

Mary Beth Ward
Environmental Appeals Judge

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The three-member panel ratifying this matter is composed of Environmental Appeals Judges Aaron P. Avila, 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 Maryland Performance Diesel, LLC, Docket No. CAA-HQ-2018-8353, were sent to the following persons in the manner indicated: By Email For Respondent Maryland Performance Diesel, LLC: Justin Savage, Esq. Sidley Austin LLP 1501 K Street, NW Washington, DC 20005 Email: [email protected]

By Email
For EPA Office of Civil Enforcement
Mark J. Palermo, Attorney-Advisor
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]

May 22 2018
Dated: ____

Eurika Durr
Clerk of the Board