E. I. Du Pont de Nemours and Company (Board decision, December 18, 2013)

Plain-English summary

E. I. Du Pont de Nemours and Company was the respondent in a multimedia EPA proceeding involving its Washington Works Facility in Washington, West Virginia. The Environmental Appeals Board granted the joint motion to amend Appendix A of the Consent Agreement under 40 C.F.R. §§ 22.4(a) and 22.16. The order states that the Board had ratified the Consent Agreement in 2005 and amended it in 2009 and 2012. The Board ratified the new amendment and ordered the respondent to comply with the amended Consent Agreement effective immediately. This two-page order does not state the underlying allegations or any penalty amount.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 22.4 and 22.16
• Outcome: The joint motion to amend the settlement was granted, and the amended Consent Agreement was ratified.
• Key point: The EAB may incorporate an amendment to an existing Consent Agreement into an order and make compliance with the amended agreement effective immediately.

Full text (EPA EAB public release)

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

In re:

E.I. du Pont de Nemours & Co.
Washington Works Facility
Route 892 South DuPont Road
Washington, Wood County, VA

Docket No. TSCA-HQ-2004-0016
Docket No. RCRA-HQ-2004-0016
Docket No. TSCA-HQ-2005-5001

ORDER GRANTING JOINT MOTION TO AMEND THE SETTLEMENT

Pursuant to 40 C.F.R. §§ 22.4(a) and 22.16 of EPA's Consolidated Rules of Practice, the attached amendment to Appendix A of the Consent Agreement is incorporated by reference into this Order Granting Joint Motion to Amend the Settlement and is hereby ratified. The Environmental Appeals Board ratified the Consent Agreement on December 21, 2005, as amended on January 8, 2009 and January 13, 2012.

The Respondent is ORDERED to comply with all terms of the amended Consent Agreement, effective immediately.

So ordered.¹

Date: December 18, 2013

Kathie A. Stein
Environmental Appeals Judge

¹ The two-member panel ratifying this matter is composed of Environmental Appeals Judges Leslye M. Fraser and Kathie A. Stein.

CERTIFICATE OF SERVICE

I hereby certify that the foregoing Order Granting Joint Motion to Amend the Settlement in the matter of E.I. DuPont de Nemours and Company, Docket Nos. TSCA-HQ-2004-0016, RCRA-HQ-2004-0016, and TSCA-HQ-2005-5001 was filed and copies of the same were sent to the following persons in the manner indicated:

Via Interoffice Mail:

Mark Garvey
Senior Attorney
Waste and Chemicals Enforcement Division
Office of Civil Enforcement (2249A)
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, DC 20460
Telephone: (202) 564-4168
Facsimile: (202) 564-0035
[email protected]

Via U.S. Certified Mail

Andrea V. Malinowski
Corporate Counsel
DuPont Legal D-7078
1007 Market Street
Wilmington, DE 19898
Telephone: (302) 774-6443
Facsimile: (302) 774-1189
[email protected]

Annette Duncan, Secretary
Environmental Appeals Board

Date: December 18, 2013