New Cingular Wireless PCS, LLC, et al. (Board decision, February 9, 2012)

Plain-English summary

New Cingular Wireless PCS, LLC, et al. was the respondent in an EPCRA matter before the Environmental Appeals Board. The Board incorporated an attached Consent Agreement resolving the matter into its Final Order and ratified the agreement under 40 C.F.R. § 22.18(c). The Board ordered the respondent to comply with all terms of the Consent Agreement effective immediately.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(c)
• Outcome: The Consent Agreement was incorporated into and ratified by the Final Order, and the respondent was ordered to comply with its terms.
• Key point: Under 40 C.F.R. § 22.18(c), the EAB can make a Consent Agreement effective through a Final Order.

Full text (EPA EAB public release)

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

In re: )
)
New Cingular Wireless PCS, LLC, et al. ) Docket No. EPCRA-HQ-2007-6000
1025 Lenox Park Blvd. )
Atlanta, Georgia 30319 )
)
)
Respondent )

                                     FINAL ORDER

     Pursuant to 40 C.F.R. § 22.18(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.

Date: February 9, 2012

                                              [signature]
                                              Judge, Environmental Appeals Board

CERTIFICATE OF SERVICE

   I hereby certify that a copy of the Final Order for In the Matter of New Cingular

Wireless PCS, LLC et al., Docket No. EPCRA-HQ-2007-6000 was sent to the following
person in the manner indicated:

By Certified Mail: Philip A. Moffat, Esq.
Verdant Law, PLLC
1025 Connecticut Ave., NW, Suite 1000
Washington, DC 20036

Dated: February 9, 2012 [signature]