Freedom Performance, LLC (Board decision, April 2, 2020)

Plain-English summary

Administrative Law Judge Susan L. Biro issued an Initial Decision and Penalty Order in the proceeding against Freedom Performance, LLC. The Board's order states that no appeal was filed and that the Environmental Appeals Board declined to review the case on its own initiative. The Initial Decision and Penalty Order therefore became a final order on April 9, 2020. The EAB order does not state the underlying Clean Air Act allegations or the amount of the penalty.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 22.27(c), 22.27(c)(4), and 22.30(b)
• Outcome: The EAB declined sua sponte review, and the Initial Decision and Penalty Order became final on April 9, 2020.
• Key point: When no party appeals and the EAB declines sua sponte review, an Initial Decision and Penalty Order becomes final under 40 C.F.R. § 22.27(c).

Full text (EPA EAB public release)

                                                                                  F I L E D
                                                                                            Apr 02 2020
                                                                                 Clerk, Environmental Appeals Board
                       ENVIRONMENTAL APPEALS BOARD        INITIALS ________________________

              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                              WASHINGTON, D.C.


                                               )
In re:                                         )
                                               )   CAA Appeal No. 20-(01)
Freedom Performance, LLC                       )
                                               )
CAA-HQ-2019-8362
                                               )
                                               )


                ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW

         On February 24, 2020, Administrative Law Judge (“ALJ”), Susan L. Biro, issued an

Initial Decision and Penalty Order in the above-captioned matter. 1 No appeal has been filed, and

the Environmental Appeals 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 Penalty Order will

become a final order on April 9, 2020, pursuant to 40 C.F.R. § 22.27(c).

         So ordered. 2


                                                    ENVIRONMENTAL APPEALS BOARD

Dated: ____
Apr 02 2020 By: ______
Mary Kay Lynch
Environmental Appeals Judge

1
On December 16, 2019, the ALJ issued an Order on Complainant’s Motion for Default Judgment in which she determined that Respondent was in default and liable for the violations alleged in the Complaint. 2 The three-member panel deciding this matter consists of Environmental Appeals Judges Aaron P. Avila, Mary Kay Lynch, 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 Freedom Performance, LLC, Docket No. CAA-HQ- 2019-8362, were sent to the following persons in the manner indicated.

By Email:

Geoffrey Kemper, Registered Agent Mark J. Palermo, Esq. Freedom Performance, LLC Jessica B. Goldstein, Esq. 3910 Goodrich Avenue, Unit 1 Air Enforcement Division Sarasota, FL 34234 Office of Civil Enforcement [email protected] U.S. Environmental Protection Agency
1200 Pennsylvania Ave., N.W.
Geoffrey Kemper, Manager Mail Code 2242A Freedom Performance, LLC Washington, D.C. 20004 4501 Manatee Ave W, Box 295 [email protected] Bradenton, FL 34209 [email protected] [email protected]
Susan L. Biro, Chief Administrative Law Judge
James D. Jackson, Esq. Mary Angeles, Headquarters Hearing Clerk James D. Jackson, PA Michael B. Wright, Esq. 5008 Manatee Avenue West, Suite A U.S. Environmental Protection Agency Bradenton, FL 34209 Office of Administrative Law Judges [email protected] Ronald Reagan Building, Room M1200
1300 Pennsylvania Ave., NW
Lisa M. Castellano, Esq. Washington, DC 20004 Genovese Joblove & Battista, P.A. [email protected] 100 N. Tampa Street, Suite 2600 [email protected] Tampa, FL 33602 [email protected] [email protected]

      Apr 02 2020

Dated: ____ ______
Eurika Durr
Clerk of the Board