The Dodge Company, Inc. (Board decision, September 24, 2013)

Plain-English summary

The Dodge Company, Inc. was the respondent in a Clean Air Act and EPCRA enforcement proceeding. EPA brought the matter under the Clean Air Act section 113(d) and EPCRA section 325(c). The Environmental Appeals Board ratified the attached Consent Agreement under 40 C.F.R. § 22.18(b)-(c) and ordered the company to comply with all of its terms immediately. The Final Order does not state the agreement's terms or any penalty amount.

Decision snapshot

• Cited authorities: 42 U.S.C. §§ 7413(d) and 11045(c); 40 C.F.R. § 22.18(b)-(c)
• Outcome: The Consent Agreement was ratified, and compliance with its terms was ordered effective immediately.
• Key point: An EAB Final Order ratifying a Consent Agreement makes the respondent's compliance obligations effective immediately.

Full text (EPA EAB public release)

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

SEP 2 4 2013
In re:
The Dodge Company, Inc.
165 and 181 Cambridge Park Dr.
Cambridge, MA 02140
Proceeding under Section 113(d) of the
Clean Air Act, 42 U.S.C. § 7413(d); and
Section 325(c) of Title III of the Superfund
Amendments and Reauthorization Act,
42 U.S.C. § 11045(c)

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Clerk, Environmental Appeals Board
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INITIALS
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) Docket No. CAA-HQ-2013-5012
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EPCRA-HQ-2013-5012
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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

Randolph L. Hill
Judge, Environmental Appeals Board

The three-member panel ratifying this matter is composed of Environmental Appeals Judges Leslye M. Fraser, Randolph L. Hill, and Kathie A. Stein. 1

In the Matter of the Dodge Company, Inc.
Docket Nos. CAA-HQ-2013-5012 and EPCRA-
HQ-2013-5012
CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Final Order In the Matter of the Dodge Company, Inc., Docket Nos. CAA-HQ-2013-5012 and EPCRA-HQ-2013-5012, were sent to the following persons in the manner indicated:

By Pouch Mail:
Dean B. Ziegel (Mail Code: 2249A)
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, DC 20460-0001

By First Class U.S. Mail:

Counsel for the Dodge Company, Inc.

Ralph Child, Esq.
Jennifer Sulla, Esq.
Mintz, Levin, Cohn, Ferris, Golvsky and Popeo, P.C. One Financial Center Boston, MA 02111

[illegible signature]

Annette Duncan, Secretary
Environmental Appeals Board (Mail Code: 1103M)
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460-0001

SEP 25 2013