Greasy Greg's, LLC, Posey's Mech-Elec Repair, LLC, and Greg S. Posey (Board decision, December 21, 2022)

Plain-English summary

The Presiding Officer issued an Initial Decision and Default Order in the matter of Greasy Greg's, LLC, Posey's Mech-Elec Repair, LLC, and Greg S. Posey on November 16, 2022. Neither party appealed. The Environmental Appeals Board declined to review the case on its own initiative, so the Initial Decision and Default Order became a final order on January 3, 2023, after the 45-day period ran through a weekend and the New Year's holiday.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 22.7(a), 22.27(c), 22.27(c)(4), and 22.30(b)
• Outcome: The Board declined sua sponte review, and the Initial Decision and Default Order became final.
• Key point: The federal holiday and weekend calculation moved the effective final-order date to January 3, 2023.

Full text (EPA EAB public release)

F I L E D
Dec 21, 2022
Clerk, Environmental Appeals Board

INITIALS ______

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

In re:
Greasy Greg’s, LLC, Posey’s Mech-Elec Repair, LLC, & Greg S. Posey
Docket No. CAA-10-2022-0123

CAA Appeal No. 22-(03)

ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW

On November 16, 2022, the Presiding Officer issued an Initial Decision and Default Order. Neither party appealed, 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 Default Order will become a final order on January 3, 2023, pursuant to 40 C.F.R. § 22.27(c).

So ordered.

ENVIRONMENTAL APPEALS BOARD
Dated: December 21, 2022

By: ________
Kathie A. Stein
Environmental Appeals Judge

Forty-five days after November 16, 2022, is December 31, 2022, which is a Saturday. Consistent with 40 C.F.R. § 22.7(a), the Initial Decision and Default Order will become a final order on Tuesday, January 3, 2023.

The three-member panel deciding this matter consists of Environmental Appeals Judges Wendy L. Blake, 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 Greasy Greg’s, LLC, Posey’s Mech-Elec Repair, LLC, & Greg S. Posey, Docket No. CAA 10-2022-0123, were sent to the following persons in the manner indicated:

By Email:

Brett Dugan
Lena Freij
Assistants Regional Counsel
U.S. Environmental Protection Agency
Region 10
1200 Sixth Avenue
Seattle, Washington 98101
[email protected]
[email protected]

Richard D. Mednick
Regional Judicial Officer
Presiding Officer
United States Environmental Protection Agency
Region 10
[email protected]

By First Class Certified Mail/Return Receipt Requested and Email:

Mr. Greg S. Posey
Registered Agent
Greasy Greg’s, LLC
Posey’s Mech-Elec Repair LLC
2416 13th Avenue
Lewiston, Idaho 83501
[email protected]

Dec 21, 2022
Dated: ________

Annette Duncan
Administrative Specialist