Astro Auto Wrecking, LLC (Board decision, June 7, 2023)

Plain-English summary

The Presiding Officer issued a Default Order and Initial Decision involving Astro Auto Wrecking, LLC on May 1, 2023. Neither party appealed, and the Environmental Appeals Board declined to review the case on its own initiative. The Default Order and Initial Decision were therefore set to become a final order on June 15, 2023 under the cited EPA rules.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 22.27 and 22.30
• Outcome: The EAB declined sua sponte review, leaving the Default Order and Initial Decision to become final on June 15, 2023.
• Key point: When neither party appeals, the EAB may decline its own-initiative review, allowing an underlying default decision to become final.

Full text (EPA EAB public release)

                                                                         F I L E D
                                                                            Jun 07, 2023
                                                                       Clerk, Environmental Appeals Board
                                                                       INITIALS ________________________
                   ENVIRONMENTAL APPEALS BOARD
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, D.C.


                                             )
                                             )
In re Astro Auto Wrecking, LLC               )   CWA Appeal. No. 23-(01)
                                             )
Docket No. CWA-10-2021-0097                  )
                                             )
                                             )


           ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW

     On May 1, 2023, the Presiding Officer issued a Default Order and Initial Decision.

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 Default Order and

Initial Decision will become a final order on June 15, 2023, pursuant to 40 C.F.R. § 22.27(c).

     So ordered.1


                                                 ENVIRONMENTAL APPEALS BOARD

Dated: June 7, 2023 By: ________
Aaron P. Avila
Environmental Appeals Judge

1
The three-member panel deciding this matter consists of Environmental Appeals Judges Aaron
P. Avila, Wendy L. Blake, 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 Astro Auto Wrecking, LLC, Docket No. CWA-10-2021-0097, were sent to the
following persons in the manner indicated:

By Email:

Leo McMilian
Astro Auto Wrecking, LLC
[email protected]
[email protected]
[email protected]
[email protected]

E. Alexander Fidis
Assistant Regional Counsel
U.S. EPA, Region 10
[email protected]

Richard Mednick
Presiding Officer/Regional Judicial Officer
Daniel Maul
Regional Hearing Clerk
U.S. EPA, Region 10
[email protected]
[email protected]

        Jun 07, 2023

Dated: ____ ______

                                                              Emilio Cortes
                                                            Clerk of the Board