Delta Western, LLC (Board decision, May 19, 2026)
In re Delta Western, LLC (EAB CAA Appeal No. 26-06C): fuel-importer compliance settlement approved
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Plain-English summary
Delta Western, LLC imports gasoline and diesel fuel from Canada into Alaska and Washington. EPA alleged that Delta Western imported fuel without registering the fuels or itself as an importer, failed to sample and test the fuel before distribution, and did not meet reporting, recordkeeping, product-transfer, and attest-engagement requirements during 2017 through 2022. The Consent Agreement resolves those alleged violations and provides a $389,785 civil penalty, along with payment and compliance obligations. The EAB ratified the settlement and ordered Delta Western to comply with its terms.
Decision snapshot
- Cited authorities: Clean Air Act §§ 205 and 211; 40 C.F.R. parts 19, 22, 79, 80, and 1090; 42 U.S.C. §§ 7524 and 7545
- Outcome: The Consent Agreement was ratified, and Delta Western was ordered to pay a $389,785 civil penalty.
- Key point: Fuel importers must complete registration, testing, reporting, recordkeeping, transfer-documentation, and attest-engagement requirements before distributing imported gasoline or diesel fuel.
Full text (EPA EAB public release)
F I L E D
May 19, 2026
Clerk, Environmental Appeals Board
INITIALS ________________________
ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.
)
)
In re Delta Western, LLC ) Docket No. CAA-HQ-2025-8715
)
)
)
FINAL ORDER
Decided May 19, 2026
Before Environmental Appeals Judges Aaron P. Avila and Ammie Roseman-Orr.
Order of the Board by Judge Avila:
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.
ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.
IN THE MATTER OF:
Docket No. CAA-HQ-2025-8715
DELTA WESTERN, LLC
Respondent.
CONSENT AGREEMENT
I. PRELIMINARY STATEMENT
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This is a civil administrative penalty assessment proceeding instituted under Sections
205(c)(1) and 211(d)(1) of the Clean Air Act (CAA), 42 U.S.C. §§ 7524(c)(1) and
7545(d)(1). The issuance of this Consent Agreement and attached Final Order (CAFO)
simultaneously commences and concludes this proceeding. 40 C.F.R. §§ 22.13(b) and
22.18(b)(2)-(3).
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The Complainant in this matter is the United States Environmental Protection Agency
(EPA). The authority to sign consent agreements memorializing settlements between the
EPA and respondents under Section 205(c) of the CAA, 42 U.S.C. § 7524(c), has been
delegated to the Assistant Administrator of the Office of Enforcement and Compliance
Assurance. This authority has been redelegated to the Director of the Office of Civil
Enforcement, who further redelegated the authority to the Director of the Air
Enforcement Division. EPA Delegation 7-6-A.
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The Respondent in this matter is Delta Western, LLC (Delta Western). The Respondent is
a corporation organized under the laws of Washington with its corporate headquarters
located at 450 Alaskan Way, Suite 707, Seattle, Washington 98104. The Respondent is
an importer of gasoline and diesel fuel from Canada into Alaska and Washington. TheRespondent operates in several ports in Alaska, including Ketchikan, Sitka, Juneau,
Anchorage, and Dalton Cache, and in Seattle and Tacoma in Washington.
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The Complainant and Respondent (collectively, the Parties), having agreed to settle this
action, consent to the issuance of the attached Final Order ratifying this Consent
Agreement before taking testimony and without adjudication of any issues of law or fact
herein, and agree to comply with the terms of this Consent Agreement and the attached
Final Order.
II. JURISDICTION -
This Consent Agreement is entered into under Sections 205(c)(1) and 211(d)(1) of the
CAA, 42 U.S.C. §§ 7524(c)(1) and 7545(d)(1), and the Consolidated Rules of Practice
Governing the Administrative Assessment of Civil Penalties and the Revocation/
Termination or Suspension of Permits, as codified at 40 C.F.R. Part 22 (Consolidated
Rules).
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This matter is appropriate for an administrative penalty assessment as it involves a
penalty assessment that is less than $472,901. 42 U.S.C. § 7524(c)(1); 40 C.F.R. § 19.4.
-
The Environmental Appeals Board is authorized to ratify this Consent Agreement
memorializing the settlement between the Parties in a Final Order. 40 C.F.R.
§§ 22.4(a)(1) and 22.18(b); EPA Delegation 7-41-C.
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The Consolidated Rules provide that, where the parties agree to settlement of one or more
causes of action before the filing of a complaint, a proceeding may be simultaneously
commenced and concluded by the issuance of a Consent Agreement and Final Order.
40 C.F.R. §§ 22.13(b) and 22.18(b)(2)-(3).
2III. GOVERNING LAW
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This proceeding arises under Part A of Title II of the CAA, Sections 202-219, 42 U.S.C.
§§ 7521-7554, and its implementing regulations (40 C.F.R. Parts 79, 80, and 1090). 1 The CAA and its implementing regulations aim to reduce emissions from mobile sources of air pollution by, among other things, reducing emissions from fuel used in motor vehicles, nonroad vehicles, and engines, and ensuring that fuel used in motor vehicles, nonroad vehicles, and engines does not harm the emissions control technology necessary to meet emissions standards. The Alleged Violations of Law, stated below, relate to programmatic requirements, including registration, sampling and testing, compliance reporting, recordkeeping, and engaging attest auditors, that enhance the ability to ensure that gasoline and diesel fuel sold in the United States meet the applicable standards. A summary of the law and regulations that govern these allegations follows below. -
Definitions under Part 80:
(a) I means any person who imports gasoline, gasoline blending stocks or components, or diesel fuel from a foreign country into the United States
1
All citations to 40 C.F.R. Part 80 refer to the Clean Air Act fuels regulations that were effective through
December 2020. On January 1, 2021, the Fuels Regulatory Streamlining Rule consolidated and reissued the fuels
regulations, except those relating to the Renewable Fuel Standard program, from 40 C.F.R. Part 80 to 40 C.F.R. Part
1090. 85 Fed. Reg. 78412 (December 4, 2020).
3
(including the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Northern Mariana Islands). 40 C.F.R. 80.2(r).
(b) G means any fuel sold in any State for use in motor vehicle engines, and
commonly or commercially known as gasoline. 40 C.F.R. § 80.2(c).
(c)
and suitable for use in diesel engines, and that is:
(1) A distillate fuel commonly or commercially known or sold as No. 1 diesel
fuel or No. 2 diesel fuel;
(2) A non-distillate fuel other than residual fuel with comparable physical and
chemical properties (e.g., biodiesel fuel); or
(3) A mixture of fuels meeting the criteria of paragraphs (1) and (2).
40 C.F.R. § 80.2(x).
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Definitions under Part 1090:
(a) m who owns, leases, operates, controls, or
supervises a fuel manufacturing facility. Fuel manufacturers include refiners, importers, blending manufacturers, and transmix processors. 40 C.F.R. § 1090.80.(b)
blendstock into the United States. 40 C.F.R. § 1090.80.(c)
(1) Any fuel commonly or commercially known as gasoline, including BOB. (2) Any fuel intended or used to power a vehicle or engine designed to operate on gasoline. 4(3) Any fuel that conforms to the specifications of ASTM D4814
(incorporated by reference in § 1090.95) and is made available for use in a vehicle designed to operate on gasoline. 40 C.F.R. § 1090.80.(d) any of the following:
(1) Any fuel commonly or commercially known as diesel fuel. (2) Any fuel (including NP diesel fuel or a fuel blend that contains NP diesel fuel) that is intended or used to power a vehicle or engine that is designed to operate on diesel fuel. (3) Any fuel that conforms to the specifications of ASTM D975 (incorporated by reference in § 1090.95) and is made available for use in a vehicle or engine designed to operate using diesel fuel. 40 C.F.R. § 1090.80.
Registration of Fuels and Fuel Additives
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Section 211(a) of the CAA, 42 U.S.C. § 7545(a), provides that EPA may designate a fuel
for registration, and that no manufacturer or importer of a designated fuel or fuel additive
may sell, offer for sale, or introduce into commerce such fuel or fuel additive, unless that
fuel or fuel additive has been registered in accordance with Section 211(b), 42 U.S.C.
§ 7545(b).
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For the purpose of registering fuels, Section 211(b) of the CAA, 42 U.S.C. § 7545(b),
requires that the manufacturer or importer of a designated fuel notify the EPA of the
commercial identifying name of the fuel and perform testing to determine potential public
health and environmental effects of the fuel, emissions resulting from the use of the fuel,
the effect of the fuel on emission control performance of any vehicle, vehicle engine,
5nonroad engine or nonroad vehicle, and the extent to which such emissions affect the
public health or welfare.
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The EPA designated fuels commonly or commercially sold as motor vehicle gasoline or
motor vehicle diesel fuel for registration. 40 C.F.R. §§ 79.32, 79.33.
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Manufacturers and importers of fuel designated under Part 79 are prohibited from selling,
offering for sale, or introducing into commerce in the United States such fuel unless the
manufacturer or importer has submitted an application for registration, and the EPA has
registered the fuel. 40 C.F.R. §§ 79.4, 79.10.
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An application to register a designated fuel must include the following information: the
commercial identifying name of each additive that will or may be used in such designated
fuel, the range of concentration of each additive named, the purpose-in-use of each
additive named, a description or identification of analytical methods that can be used to
detect each additive named, other data and information as specified in the designation of
the fuel in 40 C.F.R. Part 79, Subpart D, and must include the specified assurances.
40 C.F.R. § 79.11.
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A manufacturer or importer of a designated fuel must also comply with the testing
requirements at 40 C.F.R. Part 79, Subpart F. 40 C.F.R. § 79.6.
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Any person who violates CAA Section 211(a) or who fails to furnish any information or
conduct any tests under 40 C.F.R. Part 79 shall be liable for a civil penalty of not more
than the sum of $59,114 for every day of such violation and the amount of economic
benefit or savings resulting from the violation, as assessed pursuant to CAA Sections
205(b)-(c) and 211(d), 42 U.S.C. §§ 7524(b)-(c) and 7545(d). 40 C.F.R. §§ 79.8 and 19.4.
6Requirements that Apply to Registered Fuels and Fuel Additives
-
Section 211(c) of the CAA, 42 U.S.C. § 7545(c), and its implementing regulations
contain numerous provisions to ensure that only compliant fuels are produced and
distributed in the United States.
-
Under Section 211(c)(1) of the CAA, 42 U.S.C. § 7545(c)(1), the EPA may adopt a fuel
control if: (a) the emission products of the fuel cause or contribute to air pollution that
may reasonably be anticipated to endanger public health or welfare; or (b) the emission
products of the fuel will significantly impair the emission control systems in general use
or emissions control systems that would be in general use were the fuel control to be
adopted.
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Importers must register with EPA and receive an EPA-issued identification number prior
to importing gasoline and diesel fuel. 40 C.F.R. §§ 80.103, 80.597, 80.1650, and
1090.800(a)-(b).
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Importers must collect representative samples of each batch of gasoline and diesel fuel
imported into the United States according to the procedures specified in the regulations
and analyze those samples to ensure that the fuel complies with the applicable standards.
40 C.F.R §§ 80.580, 80.1347, 80.1630, 1090.1300(c), 1090.1310, 1090.1335, 1090.1337,
1090.1345, 1090.1350, 1090.1360, 1090.1600, and 1090.1605.
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Importers must submit annual compliance reports to the EPA that contain certain data
from the testing performed for each batch of gasoline and diesel fuel imported. 40 C.F.R.
§§ 80.105, 80.1354, 80.1652, 1090.900, 1090.905, and 1090.935.
724. Importers must retain certain compliance related records, including certain fuel samples,
for a period of no less than five years. 40 C.F.R. §§ 80.104, 80.581, 80.592, 80.600,
80.1348, 80.1350, 80.1631, 80.1653, 1090.1200, 1090.1205, 1090.1210, and 1090.1215.
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Importer
n annual audit, called an attest engagement, annual compliance reports.40 C.F.R. §§ 80.125-80.133, 80.1356, 80.1667, 1090.1800.
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It is a violation for any person to fail to meet any applicable requirement of 40 C.F.R.
Parts 80 and 1090 and each failure represents a separate violation. 40 C.F.R. §§ 80.80,
80.612(b)(1), 80.1358(a)(2), 80.1360(a)(1), 80.1660(j), 80.1662(b), 1090.1700(a),
1090.1715.
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Any person who, after November 2, 2015, where penalties are assessed on or after
December 27, 2023, violates the regulations prescribed under Section 211(c) of the CAA,
42 U.S.C. § 7545(c), including the regulations at 40 C.F.R. Parts 79, 80, and 1090, is
subject to a civil penalty up to $59,114 per day per violation, plus the economic benefit or
savings resulting from each violation. 42 U.S.C. § 7545(d)(1); 40 C.F.R. § 19.4. Such
penalties are assessed in accordance with Sections 205(b) and (c) of the CAA, 42 U.S.C.
§§ 7524(b) and (c). 42 U.S.C. § 7545(d)(1), 40 C.F.R. §§ 80.5, 80.80, 80.615, 80.1361,
80.1665, 1090.1710.
IV. STIPULATED FACTS -
U.S.C.
§ 7602(e).
829. Delta Western is a fuel importer as defined in 40 C.F.R. § 80.2(r) and 40 C.F.R.
§ 1090.80.
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From 2017 to 2022, Delta Western imported gasoline and diesel fuel into the United
States.
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During that time, Delta Western failed to comply with the applicable EPA fuels
regulations under 40 C.F.R. Parts 79, 80, and 1090, including registration, fuel sampling
and testing, compliance reporting, recordkeeping, and attest engagements.
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Delta Western initiated on May 18, 2022, and completed on September 14, 2022, a self-
disclosing its violations from 2017 to2022 of the applicable requirements under 40 C.F.R. Parts 79, 80 and 1090, including
without limitation the violations specifically alleged herein.
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2022 self-d
Audit Policy. Incentives for Self-Policing: Discovery, Disclosure, Correction and
Prevention of Violations; Notice, 65 Fed. Reg. 19618, 19620 (April 11, 2000).
Accordingly, EPA determined that Delta Western was eligible for a 100% reduction of
the gravity-based penalty for the violations alleged below.
V. ALLEGED VIOLATIONS OF LAW -
By importing gasoline and diesel fuel into the United States without having first
registered those fuels, Delta Western violated the requirements at 40 C.F.R.
§§ 79.4 and 79.10.
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By importing gasoline and diesel fuel into the United States without having registered
itself as a fuel importer, Delta Western violated the requirements at 40 C.F.R.
§§ 80.103, 80.597, 80.1650, and 1090.800(a)-(b).
936. By offloading the imported gasoline and diesel fuel and making it available for
distribution and sale without first sampling and testing the fuels to ensure they met the
applicable regulatory requirements, Delta Western violated 40 C.F.R. §§ 80.580,
80.1347, 80.1630, 1090.1000, 1090.1300(c), 1090.1310, 1090.1335, 1090.1337,
1090.1345, 1090.1350, 1090.1360, 1090.1600, and 1090.1605.
-
By failing to report the batch volumes, total annual volumes, and regulated fuel
properties, including gasoline benzene, volatility, and sulfur, and diesel sulfur, on annual
compliance reports for compliance years 2017-2022, Delta Western violated the
requirements at 40 C.F.R. §§ 80.105, 80.1354, 80.1652, 1090.900, 1090.905, and
1090.935. Delta Western likewise violated the reporting requirements specified in 40
C.F.R. § 79.5 for compliance years 2017-2022 corresponding to its imports during those
years of registered fuels.
-
By failing to maintain compliance related records, including test results, fuel samples,
and compliance reports for a minimum of five years, Delta Western violated the
requirements at 40 C.F.R. §§ 80.104, 80.581, 80.592, 80.600, 80.1348, 80.1350, 80.1631,
and 80.1653, 1090.1200, 1090.1205, 1090.1210, and 1090.1215. Similarly, by failing to
prepare and provide the required product transfer documentation, Delta Western violated
the requirements at 40 C.F.R. §§ 80.1651, 80.1652, 1090.1005, 1090.1010, 1090.1015,
1090.1100, 1090.1105, 1090.1110, and 1090.1115.
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By failing to engage a CPA or CIA to perform attest engagements and submit attest
engagement reports to the EPA, Delta Western violated the requirements at 40 C.F.R.
§§ 80.125-80.133, 80.1356, 80.1667, and 1090.1800.
10VI. TERMS OF AGREEMENT
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For the purpose of this proceeding, as required by 40 C.F.R. § 22.18(b)(2), Respondent:
admits that the EPA has jurisdiction over this matter as stated above; admits to the
stipulated facts stated above; neither admits nor denies the alleged violations of law
stated above; consents to the assessment of a civil penalty as stated below; consents to
any conditions specified in this Consent Agreement; waives any right to contest the
alleged violations of law; and waives its rights to appeal the Final Order ratifying this
Consent Agreement.
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By signing this Consent Agreement, Respondent waives any rights or defenses that
Respondent has or may have for this matter to be resolved in federal court, including but
not limited to any right to a jury trial, and waives any right to challenge the lawfulness of
the Final Order accompanying the Consent Agreement.
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For the purpose of this proceeding, Respondent:
(a) Agrees that this Consent Agreement states a claim upon which relief may be
granted against Respondent;(b) Waives any and all remedies, claims for relief, and otherwise available rights to
judicial or administrative review that Respondent may have with respect to any issue of fact or law set forth in this Consent Agreement;(c) Waives any rights it may possess at law or in equity to challenge the authority of
the EPA to bring a civil action in a United States District Court to enforce this Consent Agreement or Final Order, or both, and to seek an additional penalty for such noncompliance, and agrees that federal law will govern in any such civil action; 11(d) Consents to personal jurisdiction in any action to enforce this Consent Agreement
or Final Order, or both, in the United States District Court for the District of Columbia;(e) Agrees that it may not delegate duties under this Consent Agreement to any other
party without the written consent of the EPA, which may be granted or withheld at the Agreement is binding on the party or parties to whom the duties are delegated;(f) Acknowledges that this Consent Agreement constitutes an enforcement action for
purposes of considering Respondent s compliance history in any subsequent enforcement actions;(g) Acknowledges that this Consent Agreement and attached Final Order will be
available to the public and agrees that it does not contain any confidential business information or personally identifiable information;(h) Acknowledges that its tax identification number may be used for collecting or
reporting any delinquent monetary obligation arising from this Consent Agreement (see 31 U.S.C. § 7701);(i) Certifies the information it has supplied concerning this matter was at the time of
submission and to the best of its knowledge, true, accurate, and complete; and(j) Acknowledges there are significant penalties for knowingly submitting false,
fictitious, or fraudulent information, including the possibility of fines and imprisonment (see 18 U.S.C. § 1001). -
For purposes of this proceeding, the Parties each agree that:
12(a) This Consent Agreement constitutes the entire agreement and understanding of
the Parties and supersedes any prior agreements or understandings, whether
written or oral, among the Parties with respect to the subject matter of this
Consent Agreement;
(b) This Consent Agreement may be signed in any number of counterparts, each of
which will be deemed an original and, when taken together, constitute one
agreement; the counterparts are binding on each of the Parties individually as
fully and completely as if the Parties had signed one single instrument, so that the
rights and liabilities of the Parties will be unaffected by the failure of any of the
undersigned to execute any or all of the counterparts; any signature page and any
copy of a signed signature page may be detached from any counterpart and
attached to any other counterpart of this Consent Agreement;
(c) Its undersigned representative is fully authorized by the Party whom he or she
represents to bind that Party to this Consent Agreement and to execute it on behalf
of that Party;
(d) Each P
constitute sufficient consideration for the other P
Consent Agreement and attached Final Order; and
(e) Each Party will bear its own costs and attorney fees in the action resolved by this
Consent Agreement and attached Final Order.
13
VII. TERMS OF PAYMENT
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Respondent agrees to pay to the United States a civil penalty of $389,785 (Assessed
Penalty) within thirty (30) calendar days after the date the Final Order ratifying this
Agreement is filed with the Clerk of the Environmental Appeals Board (Filing Date).
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Respondent shall pay the Assessed Penalty and any interest, fees, and other charges due
using any method, or combination of appropriate methods, as provided on the EPA
website: https://www.epa.gov/financial/makepayment. For additional instructions see:
https://www.epa.gov/financial/additional-instructions-making-payments-epa.
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When making a payment, Respondent shall:
(a)
Agreement, Docket No. CAA-HQ-2025-8715,(b) Concurrently with any payment or within twenty-four (24) hours of payment,
Respondent shall serve proof of such payment to the following persons: Tommie Madison, Clerk of the Board U.S. Environmental Protection Agency Environmental Appeals Board 1201 Constitution Ave. NW WJC East Building, Room 3332 Washington, D.C. 20004 [email protected] Karen Nelson, Attorney Adviser U.S. Environmental Protection Agency 2000 Traverwood Dr. Ann Arbor, MI 48104 [email protected] and U.S. Environmental Protection Agency Cincinnati Finance Division Via electronic mail to: [email protected] 14P electronic check,
confirmation of credit card or debit card payment, or confirmation of wire or automated clearinghouse transfer, and any other information required to demonstrate that payment has been made according to the EPA requirements, in the amount due, and identified with Docket No. CAA-HQ-2025-8715 . -
Interest, Charges, and Penalties on Late Payments. Pursuant to 42 U.S.C. § 7524(c)(6),
31 U.S.C. § 3717, 31 C.F.R. § 901.9, and 40 C.F.R. § 13.11, if Respondent fails to timely
pay the full amount of the Assessed Penalty per this Agreement, EPA is authorized to
recover, in addition to the amount of the unpaid Assessed Penalty, the following
amounts:
(a) Interest. Interest begins to accrue from the Filing Date. If the Assessed Penalty is
paid in full within thirty (30) days, interest accrued is waived. If the Assessed Penalty is not paid in full within thirty (30) days, interest will continue to accrue until any unpaid portion of the Assessed Penalty as well as any interest, penalties, and other charges are paid in full. Per 42 U.S.C. § 7524(c)(6), interest will be assessed pursuant to 26 U.S.C. § 6621(a)(2), that is the Internal Revenue Service ( IRS ) standard underpayment rate, equal to the Federal short-term rate plus three (3) percentage points.(b) Handling Charges
(c) Late Payment Penalty. A ten percent (10%) quarterly non-payment penalty.
-
Late Penalty Actions. In addition to the amounts described in the prior Paragraph, if
Respondent fails to timely pay any portion of the Assessed Penalty, interest, or other
15charges and penalties per this Agreement, the EPA may take additional actions. Such
actions the EPA may take include, but are not limited to, the following:
(a) Refer the debt to a credit reporting agency or a collection agency, per 40 C.F.R.
§§ 13.13 and 13.14.(b) Collect the debt by administrative offset (i.e., withholding the money payable by
the United States government to, or held by the United States government for, a person to satisfy the debt the person owes the United States government), which includes, but is not limited to, referral to the IRS for offset against income tax refunds, per 40 C.F.R. Part 13, Subparts C and H.(c) , or suspend or
disqualify Respondent from doing business with the EPA or engaging in programs the EPA sponsors or funds, per 40 C.F.R. § 13.17.(d) Request that the Attorney General bring a civil action in the appropriate district
court to recover the full remaining balance of the Assessed Penalty, in addition to interest and the amounts described above, per 42 U.S.C. § 7524(c)(6). In any such action, the validity, amount, and appropriateness of the Assessed Penalty shall not be subject to review. -
Allocation of Payments. Pursuant to 31 C.F.R. § 901.9(f) and 40 C.F.R. § 13.11(d), a
partial payment of debt will be applied first to outstanding handling charges, second to
late penalty charges, and third to accrued interest, and last to the principal that is the
outstanding Assessed Penalty amount.
-
Tax Treatment of Penalties. Penalties, interest, and other charges paid pursuant to this
Agreement shall not be deductible for purposes of federal taxes.
16VIII. EFFECT OF CONSENT AGREEMENT AND ATTACHED FINAL ORDER
-
In accordance with 40 C.F.R. §
Agreement shall for the violations and facts specifically alleged above. -
This Consent Agreement and attached Final Order apply to and are binding on the
Parties. Successors and assigns of Respondent are also bound if they are owned, in whole or in part, directly or indirectly, or otherwise controlled by Respondent. Nothing in the previous sentence adversely affects any right of the Complainant under applicable law to -
Pursuant
17(a) Respondent shall complete an IRS Form W-
https://www.irs.gov/pub/irspdf/fw9.pdf.(b)
(c)
(d)
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This Consent Agreement shall not confer any rights or obligations upon any person other
than the Parties and shall not be enforceable by any other person except the Parties
hereto.
-
Nothing in this Consent Agreement relieves Respondent of the duty to comply with all
applicable provisions of the CAA or other federal, state, or local laws or statutes, or
18nor will it be construed to be a ruling on, or determination of, any issue related to any
federal, state, or local permit.
-
Nothing in this Consent Agreement shall be construed to limit the power of the
Complainant to undertake any action against Respondent or any person in response to
conditions that may present an imminent and substantial endangerment to public health,
welfare, or the environment.
-
Any violation of the Final Order issued by the Environmental Appeals Board in this
matter may result in a civil judicial action to collect the civil penalty as provided in
Section 205(c)(6) of the CAA, 42 U.S.C. § 7524(c)(6). The EPA may use any
information submitted under the Consent Agreement and attached Final Order in an
administrative, civil judicial, or criminal action.
-
The EPA reserves the right to revoke this Consent Agreement and accompanying
Assessed Penalty if, and to the extent the EPA finds, after signing this Consent
Agreement that any information provided by Respondent was or is materially false or
inaccurate, and the EPA reserves the right to pursue, assess, and enforce legal and
equitable remedies for the Alleged Violations of Law. The EPA will give Respondent
written notice of such termination, which will be effective upon mailing.
-
The Parties agree to submit this Consent Agreement to the Environmental Appeals Board
with a request that it be ratified and incorporated into the attached Final Order.
-
The Parties agree to issuance of the attached Final Order. Upon filing of the Consent
Agreement and attached Final Order with the Environmental Appeals Board, the EPA
will transmit a copy of the filed Consent Agreement and Final Order to the Respondent.
19This Consent Agreement and attached Final Order will become effective after issuance of
the Final Order by the Environmental Appeals Board and filing with the Hearing Clerk.
20
Docusign Envelope ID: 822F 7AF-B2E8-41D3-8D6D-0EB44E9CA9AE
The foregoing Consent Agreement, In the Matter of: Delta Western, LLC, Docket No. CAA-HQ-
2025-8715, is Hereby Stipulated, Agreed, and Approved for Ratification.
For Delta Western, LLC:
3/31/2026
Henry Palmer, President Date
21
The foregoing Consent Agreement, In the Matter of: Delta Western, LLC, Docket No. CAA-HQ-
2025-8715, is Hereby Stipulated, Agreed, and Approved for Ratification.
For Complainant:
Sparsh Khandeshi, Acting Director
Air Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC-2242A)
Washington, DC 20460
Karen Nelson
Attorney-Adviser
Stationary Source Legal Branch
Air Enforcement Division
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
2000 Traverwood Dr.
Ann Arbor, MI 48105
22
CERTIFICATE OF SERVICE
I certify that copies of the foregoing Final Order in the matter of Delta Western, LLC,
Docket No. CAA-HQ-2025-8715, were sent to the following persons on May 19, 2026, in the
manner indicated:
By E-mail:
Geoffrey Tichenor
Stoel Rives LLP Karen Nelson
Counsel for Delta Western, LLC Air Enforcement Division
E-mail: [email protected] Office of Civil Enforcement
Office of Enforcement and Compliance
Erin Eliasen Assurance
NorthStar Energy U.S. Environmental Protection Agency
Counsel for Delta Western, LLC E-mail: [email protected]
E-mail: [email protected]
Digitally signed by
TOMMIE MADISON
Date: 2026.05.19
12:00:06 -04'00'
Tommie Madison
Clerk of the Board
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