Enel Green Power North America, Inc. (Board decision, June 14, 2018)

Plain-English summary

The EPA EAB order concerns Enel Green Power North America, Inc. and four consolidated program docket numbers covering the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, and Emergency Planning and Community Right-to-Know Act. The two-page release does not describe the underlying alleged violations or the specific obligations in the incorporated Consent Agreement. The Board incorporated the Consent Agreement into its Final Order and ratified it under EPA's Consolidated Rules of Practice. Enel Green Power was ordered to comply with every term of the agreement effective immediately. The release does not state a penalty amount.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b) and § 22.18(c)
• Outcome: The Consent Agreement was ratified, and Enel Green Power was ordered to comply with its terms immediately.
• Key point: An EAB Final Order can resolve consolidated environmental enforcement docket numbers through an incorporated Consent Agreement.

Full text (EPA EAB public release)

F I L E D
Jun 14 2018

Clerk, Environmental Appeals Board

INITIALS ______
ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

In re:
Enel Green Power North America, Inc.

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Docket Nos. CAA-HQ-2015-8003
CWA-HQ-2015-8003
RCRA-HQ-2015-8003
EPCRA-HQ-2015-8003

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
ENVIRONMENTAL APPEALS BOARD
Dated: ________
Jun 14 2018

1

Mary Kay Lynch
Environmental Appeals Judge

The three-member panel ratifying this matter is composed of Environmental Appeals
Judges Mary Kay Lynch, Kathie A. Stein, and Mary Beth Ward.

CERTIFICATE OF SERVICE
I certify that copies of the foregoing “Consent Agreement,” in the matter of Enel Green
Power North America, Inc. Docket Nos. CAA-HQ-2015-8003, CWA-HQ-2015-8003, RCRAHQ-2015-8003, and EPCRA-HQ-2015-8003, were sent to the following persons in the manner
indicated:
By E-mail:
Megan Beauregard, Esq., Associate General Counsel
Enel Green Power North America, Inc.
100 Brickstone Square
Suite 300
Andover Massachusetts 01810
Email: [email protected]
Rosemarie Kelley, Director
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Mail Code 2241-A
Washington, DC 20460
Email: [email protected]
Peter W. Moore, Esq.
Water Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
Mail Code 2243-A
1200 Pennsylvania Avenue, N.W.
Washington D.C. 20460
Email: [email protected]

Dated: ________
Jun 14 2018

Eurika Durr
Clerk of the Board