United States Department of the Interior (Board decision, August 18, 2011)

Plain-English summary

The Environmental Appeals Board ratified a Consent Agreement between EPA and the United States Department of the Interior covering requirements under RCRA, the Clean Air Act, TSCA, and the Safe Drinking Water Act. The agreement requires compliance audits, an environmental management system, and a supplemental environmental project. The Board assessed a $234,844 civil penalty, with no cash component pending eligible expenditures under TSCA. The order also provides that failure to meet the RCRA compliance provisions can lead to civil action and daily penalties, while failure to spend the required amount on the TSCA project can trigger a cash penalty.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b); 42 U.S.C. § 6928(c).
• Outcome: The Consent Agreement was ratified, compliance was ordered, and a $234,844 civil penalty was assessed subject to the agreement's terms.
• Key point: The settlement ties the assessed penalty to specified compliance work and a TSCA environmental project, with cash consequences for noncompliance.

Full text (EPA EAB public release)

                   BEFORE THE ADMINISTRATOR
        UNITED STATES ENVIRONMENTAL PROTECTION                             cAtJG 1 8 2011
                                        )                                                     oard

IN THE MATTER OF )
)
) Docket No. RCRA-HQ-2011-8006
United States Department of the Interior, ) Docket No. CAA-HQ-2011-8006
) Docket No. TSCA-HQ-2011-8006
) Docket No. SDWA-HQ-2011-8006
)
Respondent. )
)

                                    FINAL ORDER

    Pursuant to 40 C.F.R. § 22. 18(b), the Environmental Appeals Board ("Board") hereby

issues this Final Order ratifying the Consent Agreement executed by Respondent and submitted to the Board by Complainant on August 9,2011. Complainant and Respondent have consented to the entry of this Final Order and have agreed to comply with the Consent Agreement. It is hereby ORDERED THAT:

    1.      Respondent shall comply with all of the terms of the Consent Agreement,

including the terms relating to the Compliance Audits in Appendix A, the Environmental Management System in Appendix B, and the Supplemental Environmental Project (SEP) in Appendix F, attached to and incorporated by reference into this Final Order;

   2.     Nothing in the Consent Agreement and Final Order relieves Respondent from

complying with the requirement set forth in the Resources Conservation and Recovery Act ("RCRA"), the Clean Air Act ("CAA"), the Toxic Substances Control Act ("TSCA"), and the Safe Drinking Water Act ("SD WA"), and the regulations thereunder;

  3.     Respondent is assessed a civil penalty in the sum of $234,844.00, with a cash

component of$O.OO, pending appropriate expenditures pursuant to section 207(a) ofTSCA.

    4.      Failure to comply with the RCRA compliance provisions found in paragraph

318 (a) through (g) ofthe Consent Agreement may subject the Respondent to civil action pursuant to section 3008(c) ofRCRA, 42 U.S.C. § 6928(c), and the assessment of civil penalties up to $25,000 for each day of continuing noncompliance.

   5.      With respect to all requirements ofthis Consent Agreement and Final Order

except for the RCRA compliance provisions found in paragraph 318 (a) through (g) and the assessment and payment of the penalties in paragraphs 341 and 342, failure to comply with these requirements will void the effect of settlement granted by paragraph 366 of this Consent Agreement and Final Order as provided for in paragraph 368. 6. Failure of Respondent to expend at least $234,844.00 to comply with Subchapter II ofTSCA within four (4) years ofthe Board's issuance ofthis Final Order will constitute a breach of the terms ofthe Consent Agreement and will cause Respondent to become subject to a cash penalty that equals the difference between the assessed civil penalty ($234,844.00) and the amount determined by EPA to be eligible expenditures under Subchapter II of TSCA.

So ORDERED

                                        Environmental Appeals Board




                                        Environme I Appeals Judge
                                        U.S. Environmental Protection Agency




                                           2

In the Matter ofthe Department ofthe Interior
Docket No. HQ-2011-8006

                             CERTIFICATE OF SERVICE

   I hereby certify that the foregoing Consent Agreement and Proposed Final Order In the Matter

ofthe Department ofthe Interior, Docket No. HQ-2011-8006, has been filed with the EPA Environmental Appeals Board and that copies were sent accordingly:

Certified Mail, Return Receipt Requested

           Stephen L. Simpson, Esq.
           Division of Indian Affairs
           Office of the Solicitor
           Department of the Interior
           1849 C Street, NW
           Washington, DC 20240

EPA Interoffice Mail Delivery

           Sybil Anderson (Mail Code: 1900L)
           Headquarters Hearing Clerk
           u.S. Environmental Protection Agency
           1099 14th StreetNW, Suite 350 Franklin Court
           Washington, DC 20005

EPA Interoffice Mail Delivery

           Gracie Pendleton (Mail Code: 2261A)
           Office of Enforcement and Compliance Assurance
           Federal Facilities Enforcement Office
           u.S. Environmental Protection Agency
           1200 Pennsylvania Avenue NW
           Washington, DC 20460-0001

AUG 18 2011~ ~&--=.L0_1c_·~f,', _1 __ Date Annette Duncan (Mail Code: 1103B)
U.S. Environmental Protection Agency
Environmental Appeals Board
Ariel Rios Building
1200 Pennsylvania Avenue NW
Washington, DC 20460-0001