Justin Holder, Battlefield Automotive, LLC, and Enhanced Alternatives, LLC, d/b/a Battlefield Automotive and Confederate Diesel (Board decision, September 4, 2018)

Plain-English summary

The EPA EAB order concerns Justin Holder, Battlefield Automotive, LLC, and Enhanced Alternatives, LLC, which also did business as Battlefield Automotive and Confederate Diesel. The order does not describe the underlying alleged violations or the specific obligations in the incorporated Consent Agreement. Under 40 C.F.R. § 22.18(b)-(c), the Board incorporated the Consent Agreement into its Final Order and ratified it. The respondents were ordered to comply with every term of that agreement effective immediately. The two-page release does not state 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 the respondents were 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
Sep 04 2018

Clerk, Environmental Appeals Board

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

In re:
Justin Holder,
Battlefield Automotive, LLC,
Enhanced Alternatives, LLC,
d/b/a Battlefield Automotive and
Confederate Diesel
Respondents

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Docket No. CAA-HQ-2018-8374

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: 9/4/2018

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Kathie A. Stein
Environmental Appeals Judge

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 Justin Holder, Battlefield Automotive, LLC, and Enhanced Alternatives, LLC, d/b/a Battlefield Automotive and Confederate Diesel, Docket No. CAA-HQ-2018-8374, were sent to the following persons in the manner indicated: By E-mail: For Respondents: Justin K. Holder 311B Chapline Street Sharpsburg, Maryland 21782 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 Avenue, NW Mail Code 2242A Washington, DC 20460 E-mail: [email protected] Headquarters Hearing Clerk Office of Administrative Law Judges U.S. Environmental Protection Agency 1200 Pennsylvania Ave., NW Mail Code 1900R Washington, DC 20460 E-mail: [email protected]; [email protected]

Sep 04 2018
Dated: ________

Eurika Durr
Clerk of the Board