Wellmark International (Board decision, February 19, 2013)

Plain-English summary

Wellmark International was the respondent in a Federal Insecticide, Fungicide, and Rodenticide Act matter before the Environmental Appeals Board. The Board incorporated the attached Consent Agreement into its Final Order by reference and ratified it. The Board ordered Wellmark to comply with all terms of the Consent Agreement effective immediately. The released Final Order does not reproduce the agreement or state its underlying terms.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b)-(c)
• Outcome: The attached Consent Agreement was ratified, and the respondent was ordered to comply with its terms immediately.
• Key point: The Board made the 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: )
)
)
Wellmark International ) Docket No. FIFRA-HQ-2013-5002
)
)
)

                                    FINAL ORDER

   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.¹

Date: February 19, 2013 [signature]
Catherine R. McCabe
Judge, Environmental Appeals Board

   ¹ The two-member panel ratifying this matter is composed of Environmental Appeals

Judges Leslye M. Fraser and Catherine R. McCabe.

                           CERTIFICATE OF SERVICE

  I certify that the foregoing “Consent Agreement” and “Final Order,” in the Matter of

Wellmark International, Docket No. FIFRA-HQ-2013-5002, were filed and copies of the same
were mailed to the parties as indicated below:

Via Interoffice Mail:

Brian T. Dyer
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW (Mail Code 2249A)
Washington, DC 20460

Via U.S. Certified Mail:

George Yuhas, Esq.
General Counsel
Wellmark International
12111 Ford Rd.
Dallas, TX 75234-7203

                                              [signature]
                                              Annette Duncan, Secretary
                                              U.S. Environmental Protection Agency
                                              Environmental Appeals Board

      FEB 19 2013

Dated: ______