Bloom Energy Corporation (Board decision, May 12, 2020)
In re Bloom Energy Corporation (EAB RCRA Appeal No. 20-01C): $210,000 penalty and compliance audit
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Plain-English summary
Bloom Energy Corporation develops and operates solid oxide fuel cell systems that use desulfurization canisters containing media that can become spent and contain benzene. EPA alleged that Bloom shipped spent media from customer facilities in Pennsylvania and Maryland without preparing hazardous-waste manifests and failed to provide requested information about one Maryland facility. The EAB ratified a Consent Agreement resolving those claims and ordered Bloom to pay a $210,000 civil penalty. The settlement also requires an independent compliance audit and sets additional per-shipment penalties for certain violations discovered and disclosed through that audit, while excluding serious actual harm and imminent endangerment matters from that settlement mechanism.
Decision snapshot
- Cited authorities: RCRA §§ 3001, 3007, and 3008; 42 U.S.C. §§ 6921, 6927, and 6928; 25 Pa. Code §§ 260a.1, 261a.1, and 262a.10; COMAR 26.13; 40 C.F.R. §§ 13.9, 13.11, 19, 22, 260.10, 261.2, 261.3, 261.4, 261.24, 262.20, and 270; 31 U.S.C. § 3717
- Outcome: The Consent Agreement was ratified, Bloom was ordered to pay a $210,000 civil penalty, and an independent compliance audit with additional scheduled penalties was required.
- Key point: The settlement resolves specified RCRA claims while preserving EPA remedies for serious harm, imminent endangerment, and violations outside the settlement’s defined audit mechanism.
Full text (EPA EAB public release)
F I L E D
May 12 2020
Clerk, Environmental Appeals Board
ENVIRONMENTAL APPEALS BOARD INITIALS ________________________
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.
)
)
In re: )
) Docket No. RCRA-HQ-2020-501
Bloom Energy Corporation. )
)
)
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: ____
May 12 2020 ______
Mary Kay Lynch
Environmental Appeals Judge
1
The panel ratifying this matter is composed of Environmental Appeals Judges Mary
Kay Lynch and Kathie A. Stein.
BEFORE THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
In the Matter of: :
:
Bloom Energy Corporation : U.S. EPA Docket No. RCRA-HQ-2020-501 4353 North First Street : San Jose, CA 95134 : Proceeding under Section 3008(a) and (g) of the
: Resource Conservation and Recovery Act, as
Respondent. : amended, 42 U.S.C. § 6928(a) and (g)
:
The “Pennsylvania Customer Facility” :
The “Maryland Customer Facilities” :
:
Facilities. :
:
:
CONSENT AGREEMENT AND FINAL ORDER
CONSENT AGREEMENT
PRELIMINARY STATEMENT
-
This Consent Agreement is entered into by the Director of the Waste and Chemical
Enforcement Divison, Office of Civil Enforcement, Office of Enforcement and
Compliance Assurance (“Complainant”) and Bloom Energy Corporation (“Respondent”)
(collectively the “Parties”), pursuant to Section 3008(a) and (g) of the Resource
Conservation and Recovery Act (“RCRA” or the “Act”), as amended, 42 U.S.C.
§ 6928(a) and (g), and the Consolidated Rules of Practice Governing the Administrative
Assessment of Civil Penalties and the Revocation, Termination or Suspension of Permits
(“Consolidated Rules of Practice”), 40 C.F.R. Part 22. -
Section 3008(a) of RCRA authorizes the Administrator of the U.S. Environmental
Protection Agency (“EPA” or the “Agency”) to assess penalties and undertake other
actions required by this Consent Agreement. The Administrator has delegated this
authority to the Complainant. -
Section 3008(g) of RCRA, 42 U.S.C. § 6928(g), authorizes the assessment of a civil
monetary penalty against any person who violates any requirement of RCRA Subtitle C,
EPA’s regulations thereunder, or any regulation of a state hazardous waste program
which has been authorized by EPA.
4. This Consent Agreement and the attached Final Order resolve Complainant’s civil
penalty claims against Respondent under RCRA for the violations alleged herein. -
In accordance with 40 C.F.R. §§ 22.13(b) and 22.18(b)(2) and (3) of the Consolidated
Rules of Practice, Complainant hereby simultaneously commences and resolves this
administrative proceeding.JURISDICTION -
The U.S. Environmental Protection Agency has jurisdiction over the above-captioned
matter, as described in Paragraph 1, above. -
Consolidated Rules of Practice govern this administrative adjudicatory proceeding
pursuant to 40 C.F.R. § 22.1(a)(4). -
The Commonwealth of Pennsylvania has received federal authorization to administer a
Hazardous Waste Management Program (the “Pennsylvania Hazardous Waste
Management Program”) in lieu of the federal hazardous waste management program
established under RCRA Subtitle C, 42 U.S.C. §§ 6921-6939g. Effective January 30,
1986, the Commonwealth of Pennsylvania Hazardous Waste Regulations were authorized
by EPA pursuant to Section 3006(b) of RCRA, 42 U.S.C. § 6926(b), and 40 C.F.R. Part
271, Subpart A. The Commonwealth of Pennsylvania has revised, and EPA has re-
authorized, the Commonwealth of Pennsylvania Hazardous Waste Regulations several
times subsequent to this original authorization. The most recent authorized (revised)
regulations became effective on June 29, 2009 (74 Fed. Reg. 19453). The provisions of
the current authorized (revised) Commonwealth of Pennsylvania Hazardous Waste
Regulations, codified at 25 Pa. Code Chapters 260a-266a, 266b, and 268a-270a
(“PAHWR”), have thereby become requirements of RCRA Subtitle C and are
enforceable by EPA pursuant to Section 3008(a) of RCRA, 42 U.S.C. § 6928(a). -
On February 11, 1985, pursuant to Section 3006(b) of RCRA, 42 U.S.C. § 6926(b), and
40 C.F.R. Part 271, Subpart A, the State of Maryland was granted final authorization to
administer its Hazardous Waste Management Regulations (“MDHWMR”) set forth at the
Code of Maryland Regulations (“COMAR”), Title 10, Subtitle 51 et seq., in lieu of the
federal hazardous waste management program established under RCRA Subtitle C, 42
U.S.C. §§ 6921-6939e. Through this final authorization, the provisions of the MDHWMR
became requirements of RCRA Subtitle C and are, accordingly, enforceable by EPA on
and after that date pursuant to Section 3008(a) of RCRA, 42 U.S.C. § 6928(a). A revised
Maryland hazardous waste management program set forth at COMAR, Title 26, Subtitle
13 was authorized and effective on July 31, 2001, September 24, 2004, and most recently
on October 31, 2016. Accordingly, the provisions of the revised MDHWMR are
enforceable by EPA on and after those dates pursuant to § 3008(a) of RCRA, 42 U.S.C.
§ 6928(a).210. This Consent Agreement addresses alleged violations by Respondent of Subtitle C of
RCRA, 42 U.S.C. §§ 6921–6939g, certain federally-authorized PAHWMR and
MDHWMR, as well as certain of the federal hazardous waste regulations, set forth at 40
C.F.R. Parts 260–268, for which the State of Maryland has not been granted authorization
to administer in lieu of the federal hazardous waste management program under HSWA,
in connection with Respondent’s facilities, described below. -
On January 8, 2018, EPA sent letters to the Commonwealth of Pennsylvania, through the
Pennsylvania Department of Environmental Protection (“PADEP”), and the State of
Maryland, through the Maryland Department of the Environment (“MDE”), giving prior
notice of this enforcement action in accordance with Section 3008(a)(2) of RCRA, 42
U.S.C. § 6928(a)(2).GENERAL PROVISIONS -
For purposes of this proceeding only, Respondent admits the jurisdictional allegations set
forth in this Consent Agreement and Final Order. -
Except as provided in Paragraph 12, above, Respondent neither admits nor denies the
specific factual allegations and conclusions of law set forth in this Consent Agreement. -
Respondent agrees not to contest the jurisdiction of EPA with respect to the execution of
this Consent Agreement, the issuance of the attached Final Order, or the enforcement of
this Consent Agreement and Final Order. -
For purposes of this proceeding only, Respondent hereby expressly waives its right to
contest the allegations set forth in this Consent Agreement and waives its right to appeal
the accompanying Final Order. -
Respondent consents to the assessment of the civil penalty stated herein, to the issuance
of any specified compliance order herein, and to any conditions specified herein. -
Respondent shall bear its own costs and attorney’s fees in connection with this
proceeding.FINDINGS OF FACT AND CONCLUSIONS OF LAW -
In accordance with 40 C.F.R. §§ 22.13(b) and 22.18(b)(2) and (3) of the Consolidated
Rules of Practice, Complainant alleges and adopts the Findings of Fact and Conclusions
of Law set forth immediately below.BLOOM OPERATIONS -
Respondent Bloom is, and at all times relevant to the allegations set forth against it in this
Consent Agreement was, a Delaware corporation.320. Respondent is, and at all times relevant to the allegations set forth against it in this
Consent Agreement, was a “person,” as defined in Section 1004(15) of RCRA, 42 U.S.C.
§ 6903(15), 25 Pa. Code § 260a.10 and COMAR 26.13.01.03(B)(61). -
Respondent developed, sells and/or leases to its customers, and operates solid oxide fuel
cell technology that converts natural gas into electricity without combustion. This
technology is contained inside of equipment, known as “Bloom Energy Servers” or
“Energy Servers”. -
Respondent has installed its Energy Servers at multiple customer facilities at locations in
the United States. -
Respondent installed Energy Servers at three customer facilities located in Pennsylvania
and Maryland (respectively referred to as the “Pennsylvania Customer Facility,” the
“Maryland Customer 1 Facility” and the “Maryland Customer 2 Facility”). Collectively,
these facilities will be referred to herein as the “Customer Facilities.” -
Respondent installed Energy Servers at the Pennsylvania Customer Facility, the
Maryland Customer 1 Facility and the Maryland Customer 2 Facility, in 2012, 2014 and
2015, respectively. -
Each Energy Server at the customer facilities utilizes natural gas. Each Energy Server
contains (1) a group of fuel cell modules (“Fuel Cells”); (2) a fuel processing module;
and (3) detachable canisters (referred to herein as “Desulf Canisters”). -
Inside each Fuel Cell, natural gas is converted into electricity through an electrochemical
reaction. -
The Desulf Canisters operate within an Energy Server and are located upstream of the
Fuel Cells. The materials inside the Desulf Canisters remove sulfur compounds that were
added as an odorant to the natural gas by the gas company, before the natural gas reaches
the Fuel Cells. -
Each Desulf Canister contains granular desulfurization material and carbon (collectively
referred to as “media”) which can adsorb a finite amount of sulfur compounds from the
incoming natural gas. -
At all times relevant to the allegations set forth against Respondent in this Consent
Agreement, each Desulf Canister also incidentally adsorbed other compounds in the
natural gas including, but not limited to, benzene. These contaminants were captured by
the media within the Desulf Canisters. -
The media in a Desulf Canister were only able to adsorb a finite amount of sulfur
compounds, after which the media became exhausted and/or “spent.”431. When the adsorption capacity of the Desulf Canister degraded to a significant degree, the
spent media in a Desulf Canister had to be replaced. Respondent made the determination
as to when media became spent. Respondent replaced the spent Desulf Canister and its
contents with a Desulf Canister containing fresh media. Respondent would then arrange
for the disposal of the spent media. -
Respondent detached the Desulf Canisters from the Energy Servers located at its
customer facilities. Respondent then arranged to ship these Desulf Canisters offsite to
receiving facilities so that the spent media could be removed and disposed. Respondent
then replaced these Desulf Canisters containing spent media with other Desulf Canisters
containing fresh media.SHIPPING OF SPENT DESULF CANISTERS -
From approximately June 2013 to the present, Respondent sent Desulf Canisters which
were used at the Customer Facilities and contained spent media, from the Customer
Facilities to receiving facilities. -
Respondent sent Desulf Canisters containing spent media from the Customer Facilities to
these receiving facilities, during the following timeframes:a. VLS Recovery Services LLC (“VLS”), located in Pasadena, Texas – March 2015 – February 2017; b. Advanced Chemical Treatment, Inc. (“ACT”), located in Albuquerque, New Mexico – October 2016 – June 2019. c. Ross Incineration Services, Inc. (“Ross”), located in Grafton, Ohio – October 2019 – the present.(Collectively referred to as the “Receiving Facilities.”)
-
At the time that VLS received Respondent’s spent media, this facility was a treatment,
storage or disposal facility which was not permitted under RCRA Subtitle C, 40 C.F.R.
Part 270, or Pa. Code § 270a.1 (which incorporates by reference 40 C.F.R. Part 270), or
COMAR 26.13.07, or 30 TAC Chapter 335, to treat, store or dispose hazardous waste.LEGAL CONCLUSIONS -
At some point prior to the time that Respondent disconnected each Desulf Canister from
a Fuel Cell and removed it from an Energy Server at a customer facility, and at all times
thereafter relevant to the violations alleged herein, the spent media in the Desulf
Canisters was a “solid waste” as this term is defined in 25 Pa. Code § 260a.1 (which5incorporates by reference 40 C.F.R. § 260.10, which further incorporates by reference 40
C.F.R. § 261.2), and COMAR 26.13.01.03(B)(73). -
Pursuant to 25 Pa. Code § 260a.1 (which incorporates by reference 40 C.F.R. § 260.10),
and COMAR 26.13.01.03(B)(31), and 25 Pa. Code § 261a.1 (which incorporates by
reference 40 C.F.R. § 261.3), and COMAR 26.13.02, a solid waste is a hazardous waste
if it is not excluded from regulation as a hazardous waste under 25 Pa. Code § 261a.1
(which incorporates by reference 40 C.F.R. § 261.4(b)), and COMAR 26.13.02.04 and,
inter alia, it exhibits any of the characteristics of a hazardous waste set forth in 25 Pa.
Code § 261a.1 (which incorporates by reference 40 C.F.R. Part 261, Subpart C), and
COMAR 26.13.02.10 - .14. -
Based upon the information above, EPA has determined that spent media generated at
and shipped from the Maryland Customer 1 Facility and the Pennsylvania Customer
Facility, at all times relevant to the allegations herein, was a “solid waste” as defined by
25 Pa. Code § 260a. (which incorporates by reference 40 C.F.R. § 260.10) and COMAR
26.13.01.03(B)(73). -
Based upon the information above, EPA has determined that spent media generated at
and shipped from the Maryland Customer 1 Facility and the Pennsylvania Customer
Facility, at all times relevant to the allegations herein, was a “hazardous waste” as
defined by 25 Pa. Code § 260a.1 (which incorporates by reference 40 C.F.R. § 260.10)
and COMAR 26.13.01.03(B)(31), because it exhibits the characteristic of toxicity for
benzene (EPA Waste Code D018), as described in 40 C.F.R. § 261.24. -
EPA has determined that the spent media contained in the Desulf Canisters generated at
the customer facilities was not “excluded from regulation as a hazardous waste” under 25
Pa. Code § 261a.1 (which incorporates by reference 40 C.F.R. § 261.4(b)), or COMAR
26.13.02.04. -
25 Pa. Code § 260a.1 (which incorporates by reference 40 C.F.R. § 260.10), defines
“generator” as any person, by site, whose act or process produces hazardous waste
identified or listed in 40 C.F.R. Part 261 or whose act first causes a hazardous waste to
become subject to regulation. -
COMAR 26.13.01.03(B)(29) defines “generator” as “any person, by site, whose act or
process produces hazardous waste identified or listed in COMAR 26.13.02 or whose act
first causes a hazardous waste to become subject to regulation.” -
Each of the customer facilities is a separate site.
-
At all times relevant to the allegations set forth in this Complaint, Respondent was a
“generator” of hazardous waste generated in and “stored” within the Energy Servers at
Respondent’s Customer Facilities, as these terms are defined in 25 Pa. Code § 260a.16(which incorporates by reference 40 C.F.R. § 260.10), and COMAR 26.13.01.03(B)(29)
and (76).COUNT I (Failure to Prepare a Manifest for Offsite Shipment of Hazardous Waste) -
The allegations of each of the preceding paragraphs are incorporated herein by reference
as though fully set forth at length. -
25 Pa. Code § 262a.10 (which incorporates by reference 40 C.F.R. § 262.20(a)(1)),
provides that “[a] generator who transports, or offers for transport a hazardous waste for
offsite treatment, storage, or disposal, or a treatment, storage, and disposal facility who
offers for transport a rejected hazardous waste load, must prepare a Manifest (OMB
Control number 2050-0039) on EPA Form 8700-22, and, if necessary, EPA Form 8700-
22A, according to the instructions included in the appendix to this part.” -
COMAR 26.13.03.04.A(1) similarly provides that “[a] generator who transports, or offers
for transport a hazardous waste for off-site treatment, storage, or disposal, or a treatment,
storage, and disposal facility who offers for transport a rejected hazardous waste load,
shall prepare a manifest (OMB control number 2050-0039) on EPA Form 8700-22, and,
if necessary, EPA Form 8700-22A, according to the instructions included in the appendix
to 40 CFR Part 262 before the waste is transported off-site.” -
Respondent shipped Desulf Canisters storing spent media which contained benzene (EPA
Hazardous Waste No. D018) from two Customer Facilities in Pennsylvania and
Maryland, without first preparing a Hazardous Waste Manifest for each of these
shipments, on at least the following dates:a. From the Pennsylvania Customer Facility: 2/11/16 (1 Desulf Canister, about 95
lbs of spent media), 11/23/16 (9 Desulf Canisters, about 855 lbs of spent media)b. From the Maryland Customer 1 Facility: 9/23/15 (32 Desulf Canisters, about
3,040 lbs of spent media), 10/7/16 (31 Desulf Canisters, about 2,945 lbs of spent
media) -
On at least four occasions, Respondent violated 25 Pa. Code § 262a.10 (which
incorporates by reference 40 C.F.R. § 262.20(a)(1)) and COMAR 26.13.03.04.A(1), by
offering for transport a hazardous waste (the spent media in the Desulf Canisters) for
offsite treatment, storage, or disposal without first preparing a Manifest.COUNT II (Failure to Adequately Respond to Information Requests) -
The allegations of each of the preceding paragraphs are incorporated herein by reference
as though fully set forth at length.751. Section 3007(a) of RCRA, 42 U.S.C. § 6927(a), provides, in part: “Access Entry. For
purposes of developing or assisting in the development of any regulation or enforcing the
provisions of this chapter, any person who generates, stores, treats, transports, disposes
of, or otherwise handles or has handled hazardous wastes shall, upon request of any
officer, employee or representative of the Environmental Protection Agency, duly
designated by the Administrator, or upon request of any duly designated officer,
employee or representative of a State having an authorized hazardous waste program,
furnish information relating to such wastes and permit such person at all reasonable times
to have access to, and to copy all records relating to such wastes. . . .” -
On or about December 31, 2015, Respondent installed a Bloom Energy Server which
became operational at a Customer Facility in Maryland, known as the “Maryland
Customer 2 Facility.” -
In an information request letter (“IRL”) that EPA sent to Respondent, dated January 20,
2017 (“IRL #1), Question 1, EPA asked Respondent to: “Identify all facilities where a
Bloom Energy Server has been installed within the States of Pennsylvania, Maryland,
Virginia, West Virginia, and the District of Columbia.” -
In an information request letter that EPA sent to Respondent, dated September 1, 2017
(“IRL #2”), Question 9, EPA asked Respondent to update its response to the original IRL
with any new information generated since January 1, 2017, up to the date of
Respondent’s receipt of the letter, and not already included in the previous submittal. -
Respondent failed to provide any information related to the Maryland Customer 2
Facility in either its IRL Response #1, dated March 24, 2017, or its IRL Response #2,
dated October 4, 2017. -
On March 24, 2017 and October 4, 2017, Respondent violated the requirements of
Section 3007(a) of RCRA, 42 U.S.C. § 6927(a), by failing to provide information about
the Maryland Customer 2 Facility in response to an EPA information request that asked
Respondent to identify all facilities where a Bloom Energy Server has been installed
within the State of Maryland.CIVIL PENALTY -
In settlement of EPA’s claims for civil penalties for the violations alleged in this Consent
Agreement, Respondent consents to the assessment of a civil penalty in the amount of
TWO HUNDRED TEN THOUSAND DOLLARS ($210,000.00), which Respondent
shall be liable to pay in accordance with the terms set forth below. -
The civil penalty is based upon EPA’s consideration of a number of factors, including the
penalty criteria (“statutory factors”) set forth in Section 3008(a)(3) of RCRA, 42 U.S.C.
§ 6928(a)(3), including, the following: the seriousness of the violation and any good faith8efforts to comply with the applicable requirements. These factors were applied to the
particular facts and circumstances of this case with specific reference to EPA’s October,
1990 RCRA Civil Penalty Policy, as revised in June, 2003 (“RCRA Penalty Policy”),
which reflect the statutory penalty criteria and factors set forth at Section 3008(a)(3) and
(g) of RCRA, 42 U.S.C. §§ 6928(a)(3) and (g), the appropriate Adjustment of Civil
Monetary Penalties for Inflation, pursuant to 40 C.F.R. Part 19, and the applicable EPA
memoranda addressing EPA’s civil penalty policies to account for inflation. -
Payment of the civil penalty amount, and any associated interest, administrative fees, and
late payment penalties owed, shall be made by either cashier’s check, certified check or
electronic wire transfer, in the following manner:a. All payments by Respondent shall include reference to Respondent’s name and
address, and the Docket Number of this action, i.e., RCRA-HQ-2020-501;b. All checks shall be made payable to the “United States Treasury”;
c. All payments made by check and sent by regular mail shall be addressed and
mailed to:U.S. Environmental Protection Agency Cincinnati Finance Center P.O. Box 979077 St. Louis, MO 63197-9000d. For additional information concerning other acceptable methods of payment of
the civil penalty amount see:https://www.epa.gov/financial/makepaymente. A copy of Respondent’s check or other documentation of payment of the penalty
using the method selected by Respondent for payment shall be sent
simultaneously to:Natalie Katz Senior Assistant Regional Counsel U.S. EPA, Region III (3RC40) 1650 Arch Street Philadelphia, PA 19103-2029 [email protected] -
Pursuant to 31 U.S.C. § 3717 and 40 C.F.R. § 13.11, EPA is entitled to assess interest and
late payment penalties on outstanding debts owed to the United States and a charge to
cover the costs of processing and handling a delinquent claim, as more fully described
below. Accordingly, Respondent’s failure to make timely payment of the penalty as9specified herein shall result in the assessment of late payment charges including interest,
penalties and/or administrative costs of handling delinquent debts. -
Payment of the civil penalty is due and payable immediately upon receipt by Respondent
of a true and correct copy of the fully executed and filed Consent Agreement and Final
Order. Receipt by Respondent or Respondent’s legal counsel of such copy of the fully
executed Consent Agreement and Final Order, with a date stamp indicating the date on
which the Consent Agreement and Final Order was filed with the Clerk of the
Environmental Appeals Board, shall constitute receipt of written initial notice that a debt
is owed EPA by Respondent in accordance with 40 C.F.R. § 13.9(a). -
INTEREST: In accordance with 40 C.F.R § 13.11(a)(1), interest on the civil penalty
assessed in this Consent Agreement and Final Order will begin to accrue on the date that
a copy of the fully executed and filed Consent Agreement and Final Order is mailed or
hand-delivered to Respondent. However, EPA will not seek to recover interest on any
amount of the civil penalties that is paid within thirty (30) calendar days after the date on
which such interest begins to accrue. Interest will be assessed at the rate of the United
States Treasury tax and loan rate in accordance with 40 C.F.R § 13.11(a). -
ADMINISTRATIVE COSTS: The costs of the EPA’s administrative handling of
overdue debts will be charged and assessed monthly throughout the period a debt is
overdue. 40 C.F.R. § 13.11(b). Pursuant to Appendix 2 of EPA’s Resources
Management Directives – Case Management, Chapter 9, EPA will assess a $15.00
administrative handling charge for administrative costs on unpaid penalties for the first
thirty (30) day period after the payment is due and an additional $15.00 for each
subsequent thirty (30) days the penalty remains unpaid. -
LATE PAYMENT PENALTY: A late payment penalty of six percent per year will be
assessed monthly on any portion of the civil penalty that remains delinquent more than
ninety (90) calendar days. 40 C.F.R. § 13.11(c). Should assessment of the penalty charge
on the debt be required, it shall accrue from the first day payment is delinquent. 31
C.F.R. § 901.9(d). -
Respondent agrees not to deduct for federal tax purposes the civil penalty assessed in this
Consent Agreement and Final Order.SETTLEMENT CONDITION - COMPLIANCE AUDIT -
As a condition of this settlement, Respondent agrees to conduct a Compliance Audit.
Respondent shall retain an independent third party (the “Auditor”) to perform the
Compliance Audit, which shall consist of an audit of each of the records of Respondent’s
shipments of Desulf Canisters containing spent media from all of its customer facilities in
the United States outside of Region III (DC, DE, MD, PA, VA, WV), for the time period
beginning September 8, 2015 through December 31, 2019. (This Compliance Audit will
not include records of shipments of Desulf Canisters containing spent media that10Respondent sent to the Shoremet LLC facility in Valparaiso, Indiana.) Respondent
agrees to undertake the following activities, described below, with regard to the
performance of the Compliance Audit. -
Within forty-five (45) days of the effective date of this Consent Agreement and Final
Order, Respondent shall provide to EPA the following: the name and address of the
Auditor that Respondent has selected to perform the Compliance Audit, and
documentation that such Auditor satisfies the requirements described below in Paragraph
68 of this Consent Agreement and Final Order. -
At a minimum, the Auditor selected by Respondent for performance of the Compliance
Audit shall:a. have no less than 3 years of experience in performing RCRA compliance audits;
b. have a trained and experienced staff for the performance of such audits;
c. have no past or present relationship or affiliation with the Respondent nor
anticipate any prospective relationship or affiliation with the Respondent as a
result of performing the Compliance Audit. -
Upon completion of a review by EPA of the materials described in Paragraph 68, relating
to the name and qualifications of the proposed Auditor, EPA will, in its sole discretion
(but subject to the Dispute Resolution provisions of Paragraphs 94 through 98), either: (1)
notify Respondent in writing of EPA’s approval of the selection of the proposed Auditor,
or (2) notify Respondent in writing of EPA’s rejection of the proposed Auditor. If EPA
rejects Respondent’s proposed Auditor, EPA will state the reasons for the rejection in
writing and will allow Respondent thirty (30) days to make a new submittal. -
Within thirty (30) days of receipt of notice of EPA’s approval of the proposed Auditor,
Respondent shall provide to EPA a proposed plan (the “Compliance Audit Plan”)
describing the procedures which satisfy the requirements set forth in Paragraphs 72
through 77, and Appendix A of this Consent Agreement and Final Order. The Audit Plan
shall reflect the scope of the records audit provided herein and in Appendix A. -
Upon completion of a review by EPA of the proposed Compliance Audit Plan, EPA will,
in its sole discretion (but subject to the Dispute Resolution provisions of Paragraphs 94
through 98), either: (1) notify Respondent in writing of EPA’s approval of the proposed
Compliance Audit Plan, or (2) notify Respondent in writing of EPA’s rejection of the
proposed Compliance Audit Plan. EPA’s decision regarding approval of the Compliance
Audit Plan shall be consistent with the agreed scope of the Compliance Audit as reflected
in Paragraph 66 and Appendix A. If EPA rejects any or all of Respondent’s proposed
Compliance Audit Plan, EPA will state the reasons for the rejection and will provide to
Respondent in writing a reasonable timeframe to make a new submittal. The
performance of the Compliance Audit shall commence only upon Respondent’s receipt of11approval by EPA of the Compliance Audit Plan. If Respondent fails to submit the name
of the proposed Auditor or the Compliance Audit Plan within the deadline for submission
or fails to revise and re-submit any of the items by EPA’s deadline, EPA shall have the
right to terminate this Consent Agreement and Final Order by providing written notice to
Respondent, and EPA shall have the right to seek and collect the maximum penalty
allowed by law for any and all violations of Subtitle C of RCRA at any of Respondent’s
customer facilities. -
Respondent shall fully cooperate with requests made by the EPA-approved Auditor
concerning performance of the Audit in accordance with the Compliance Audit Plan and
preparation of the Final Audit Report. -
Within ninety (90) days of receipt of EPA’s approval of the proposed Auditor and
Compliance Audit Plan, Respondent shall have the Compliance Audit completed, and
submit to EPA a Final Audit Report. -
The Final Audit Report shall contain the information set forth in Appendix A.
-
Respondent shall maintain for inspection by EPA the original records pertaining to the
actual implementation and/or performance of the Compliance Audit for a period of three
years from the date of approval of the Final Audit Report. -
The Final Audit Report shall be certified by Respondent in the following manner:
I certify that the information contained in or accompanying the Final Audit Report is true, accurate, and complete. As to [the/those] identified portions of the Final Audit Report for which I cannot personally verify [its/their] accuracy, I certify under penalty of law that the Final Audit Report and all attachments, including any and all supporting information, were prepared in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who participated in development of the Final Audit Report, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. Signature: Name: Title: -
Upon completion of a review by EPA of the Final Audit Report, EPA shall, in its sole
discretion (but subject to the Dispute Resolution provisions of Paragraphs 94 through 98),12either: (1) notify Respondent in writing of its approval of the Final Audit Report, or (2)
notify Respondent in writing of its rejection of all or any part of the Final Audit Report
because of a failure to include information required in accordance with Appendix A. If
EPA rejects all or any part of the proposed Final Audit Report, EPA will state the reasons
for rejection and will provide to Respondent in writing a reasonable time to make a new
submittal. In the event that Respondent fails to revise and re-submit any or all of the
items addressed in EPA’s notice of rejection for the Final Audit Report within the
deadline provided by EPA in the notice, EPA shall have the right to investigate any and
all of Respondent’s shipments from customer facilities that are within the scope of the
Compliance Audit as set forth in Paragraph 66, but that were not properly addressed in
the Final Audit Report. In that case, pursuant to Section 3008(g) of RCRA, 42 U.S.C. §
6928(g), EPA also has the right to seek and collect the maximum civil penalty allowed by
law for any and all violations of RCRA, at any such facility related to any such
shipments. -
Upon completion of a review by EPA of the Final Audit Report, EPA shall, in its sole
discretion (but subject to the Dispute Resolution provisions of Paragraphs 94 through 98),
determine whether facts reported by the Compliance Audit resulted in any violations of
Subtitle C of RCRA, 42 U.S.C. § 6921 et seq., federal regulations promulgated
thereunder, or state hazardous waste management requirements authorized by EPA
pursuant to Section 3006 of RCRA, 42 U.S.C. § 6926. For purposes of determining
whether the Audit findings resulted in any violations, the Parties stipulate that spent
media generated at and/or shipped from the customer facilities listed in the Final Audit
Report constituted a “hazardous waste” as defined by 40 C.F.R. § 260.10, and the
applicable state hazardous waste management regulations. -
Respondent shall immediately undertake any and all actions necessary to correct any
ongoing violation of Subtitle C of RCRA, 42 U.S.C. § 6921 et seq., federal regulations
promulgated thereunder, or state hazardous waste management requirements authorized
by EPA pursuant to Section 3006 of RCRA, 42 U.S.C. § 6926, and remediate any harm
caused or threatened by such violation discovered during the course of the performance
of the Compliance Audit, and institute effective measures to ensure that any such
violation does not reoccur in the future. Nothing in this Paragraph shall relieve
Respondent of any obligation imposed by any applicable federal, state and/or local laws
and requirements concerning compliance. -
In the event EPA determines that there was a violation as described in Paragraph 85,
below, Respondent agrees to pay penalties in accordance with the penalty schedule in
Paragraphs 85 through 87 of this Consent Agreement and Final Order, for each violation.
Each violation shall be resolved and settled by paying the assessed penalty in accordance
with Paragraphs 59 through 65 of this Consent Agreement and Final Order. EPA
reserves any rights and remedies available to it under RCRA, the regulations promulgated
thereunder and any other federal law or regulation to resolve any violations identified
through the Compliance Audit that are not listed in Paragraph 85.1381. In the event EPA determines that there was a violation as described in Paragraph 85,
below, Respondent will certify to EPA, upon personal investigation and to the best of its
knowledge and belief, that it currently is in compliance with regard to the violations
identified in the Compliance Audit. Respondent will submit this certification to EPA
within 30 Days of receiving the EPA’s written demand letter pursuant to Paragraph 82.CIVIL PENALTIES FOR VIOLATIONS DISCOVERED THROUGH THE COMPLIANCE AUDIT -
Following EPA’s review of the approved Final Audit Report, EPA will furnish to
Respondent a demand letter, which establishes the pre-agreed penalties to be paid for
violations described in Paragraph 85, below, and identified through the Compliance
Audit and Final Audit Report. Once paid, the penalty payment would resolve the claims
for civil penalties EPA may have against Respondent for those violations identified
through the Compliance Audit and Final Audit Report. A copy of the demand letter will
also be sent to the EPA Cincinnati Finance Office. -
No criminal violation or civil violation that results in serious actual harm or that may
present an imminent and substantial endangerment to public health or the environment,
shall qualify for the imposition of penalties under this Section and satisfaction under this
Consent Agreement and Final Order, and EPA reserves the right to seek and obtain
injunctive relief and the imposition of the maximum civil penalty or criminal sanction
allowed by law for any such violation. -
Subject to the provisions and terms of this Consent Agreement and Final Order, the
period commencing May 31, 2018 and ending December 31, 2020 (the “Tolling Period”),
inclusive, will not be included in computing the running of any statute of limitations
applicable to any action brought by EPA or on behalf of EPA, pursuant to 3008(a) and
(g) of RCRA, 42 U.S.C. § 6928(a) and (g), for civil penalties and/or other remedies
provided by law in relation to any violation of the regulations identified through the
Compliance Audit. Respondent shall not assert, plead or raise against EPA, or the U.S.
Department of Justice on behalf of EPA, in any fashion, whether by answer, motion or
otherwise, any defense or avoidance based on the running of any statute of limitations
during any portion of the Tolling Period, and any statute of limitations shall be tolled
during and for that period. -
Respondent shall be liable and agrees to pay civil penalties, upon demand by EPA, for
any violation discovered through the Compliance Audit and disclosed in the Final Audit
Report, as set forth below:a. Violations of 40 C.F.R. § 262.20(a)(1), for offering for transport spent media in a
Desulf Canister from a customer facility to a permitted TSD, without first
preparing a manifest:14$2,000 per shipment for violations occurring between September 8, 2015 and
October 3, 2016.$4,000 per shipment for violations occurring on or after October 4, 2016b. Violations of 40 C.F.R. § 262.20(a)(1), for offering for transport spent media in a
Desulf Canister from a customer facility to a non-permitted receiving facility,
without first preparing a manifest:$3,000 per shipment for violations occurring between September 8, 2015 and October 3, 2016. $7,500 per shipment for violations occurring on or after October 4, 2016.c. Violations of Section 3001(d)(5) of RCRA, 42 U.S.C. § 6921(d)(5), for ultimate
disposal of spent media from a Desulf Canister at a facility not permitted for
treatment, storage or disposal of hazardous waste$10,000 per shipment for violations occuring on or after September 8, 2015. -
Penalties shall be individually assessed for each separate shipment identified through the
Compliance Audit. -
Respondent shall pay any penalty within 30 Days of receiving the EPA’s written demand
for payment. -
EPA may, in the unreviewable exercise of its discretion, reduce or waive penalties
otherwise due it under this Consent Agreement and Final Order. -
Respondent shall pay penalties owing to EPA in the manner set forth and with the
confirmation notices required by Paragraph 59, except that Respondent’s transmittal
letter shall state that the payment is for penalties for violations discovered through the
Compliance Audit, and it shall state for which violation(s) the penalties are being paid. -
If Respondent fails to pay penalties for violations discovered through the Compliance
Audit, according to the terms of this Consent Agreement and Final Order, Respondent
shall be liable for interest on such penalties, as provided for in 28 U.S.C. § 1961,
accruing as of the date payment became due. Nothing in this Paragraph shall be
construed to limit EPA from seeking any remedy otherwise provided by law for
Respondent’s failure to pay any penalties. -
Non-Exclusivity of Remedy. Penalties are not the EPA’s exclusive remedy for violations
discovered through the Compliance Audit. EPA expressly reserves the right to seek any
other relief it deems appropriate for Respondent’s violation of this Consent Agreement
and Final Order or applicable law, including but not limited to an action against15Respondent for statutory penalties, additional injunctive relief, mitigation or offset
measures, and/or contempt. However, the amount of any statutory penalty assessed for a
violation shall be reduced by an amount equal to the amount of any penalty assessed and
paid pursuant to this Consent Agreement and Final Order. EPA will not seek further
penalties for violations addressed pursuant to Paragraph 85.GENERAL SETTLEMENT CONDITIONS -
By signing this Consent Agreement, Respondent acknowledges that this Consent
Agreement and Final Order will be available to the public and represents that, to the best
of Respondent’s knowledge and belief, this Consent Agreement and Final Order does not
contain any confidential business information or personally identifiable information from
Respondent. -
Respondent certifies that any information or representation it has supplied or made to
EPA concerning this matter was, at the time of submission true, accurate, and complete
and that there has been no material change regarding the truthfulness, accuracy or
completeness of such information or representation. EPA shall have the right to institute
further actions to recover appropriate relief if EPA obtains evidence that any information
provided and/or representations made by Respondent to the EPA regarding matters
relevant to this Consent Agreement and Final Order, including information about
respondent’s ability to pay a penalty, are false or, in any material respect, inaccurate.
This right shall be in addition to all other rights and causes of action that EPA may have,
civil or criminal, under law or equity in such event. Respondent and its officers, directors
and agents are aware that the submission of false or misleading information to the United
States government may subject a person to separate civil and/or criminal liability.DISPUTE RESOLUTION -
The dispute resolution procedures of this Section shall be the exclusive mechanism to
resolve disputes arising under or with respect to this Consent Agreement and Final Order. -
If Respondent disagrees, in whole or in part, with any decision by EPA under this
Consent Agreement and Final Order, Respondent shall notify EPA through the Branch
Chief of the Air, RCRA and Toxics Branch, EPA, Region III, and the parties shall use
their best efforts to informally and in good faith resolve all disputes or differences of
opinion relating to this Consent Agreement and Final Order. -
In the event that the parties cannot resolve a dispute by informal negotiations under the
preceding paragraphs, Respondent may pursue the matter by submitting its objection to
the Branch Chief of the Air, RCRA and Toxics Branch, EPA, Region III, in writing.
Respondent’s written objections must set forth the specific points of the dispute, the basis
for Respondent’s position and any matters which it considers necessary for EPA’s
determination.1697. EPA and Respondent shall have thirty (30) days from receipt of Respondent’s written
objections to attempt to resolve the dispute through formal discussions. -
If EPA and Respondent cannot resolve the dispute through formal discussions, EPA,
through the Branch Chief of the Air, RCRA and Toxics Branch, EPA, Region III, will
provide to Respondent in writing EPA’s decision on the pending dispute, and that
decision will be binding upon the Respondent.NOTICE -
Except as otherwise specified herein, whenever this Consent Agreement and Final Order
requires notice or submission of reports, information, or documents, such notice or
submission shall be provided to the following persons via certified mail, return receipt
requested, first class mail, overnight mail (Express or priority), hand-delivery or any
reliable commercial delivery service. Either party may substitute another person to
receive notice on its behalf or change the address to which notices are to be sent by
sending written notification of the substitution or change to the other party.a. For EPA: Leslie Oif Attorney/Advisor (2249A) Officer of Civil Enforcement Office of Enforcement and Compliance Assurance 1200 Pennsylvania Avenue, NW Washington DC 20004 [email protected] Martin Matlin Enforcement and Compliance Officer (3ED22) U.S. Environmental Protection Agency 1650 Arch Street Philadelphia, PA 19103-2029 [email protected] Natalie Katz Senior Assistant Regional Counsel (3RC40) U.S. Environmental Protection Agency 1650 Arch Street Philadelphia, PA 19103-2029 [email protected] 17b. For Respondent:
Shawn Soderberg Bloom Energy Corporation 4353 North First Street San Jose, CA 95134 [email protected] Patrick McCormick Vice President, Regulatory Bloom Energy Corporation 200 Christina Parkway Newark, DE 19713 [email protected] Michael Roesch Bloom Energy Corporation 4353 North First Street San Jose, CA 95134 [email protected] CERTIFICATION OF COMPLIANCE -
Respondent certifies to EPA, upon personal investigation and to the best of its knowledge
and belief, that it currently is in compliance with regard to the violations alleged in this
Consent Agreement.OTHER APPLICABLE LAWS -
Nothing in this Consent Agreement and Final Order shall relieve Respondent of its
obligation to comply with all applicable federal, state, and local laws and regulations, nor
shall it restrict EPA’s authority to seek compliance with any applicable laws or
regulations, nor shall it be construed to be a ruling on the validity of any federal, state or
local permit. This Consent Agreement and Final Order does not constitute a waiver,
suspension or modification of the requirements of RCRA, or any regulations promulgated
thereunder.RESERVATION OF RIGHTS -
This Consent Agreement and Final Order resolves only EPA’s claims for civil penalties
for the specific violation[s] alleged against Respondent in this Consent Agreement and
Final Order and for violations identified through the Compliance Audit. EPA reserves
the right to commence action against any person, including Respondent, in response to
any condition which EPA determines may present an imminent and substantial
endangerment to the public health, public welfare, or the environment. This settlement is18subject to all limitations on the scope of resolution and to the reservation of rights set
forth in Section 22.18(c) of the Consolidated Rules of Practice, 40 C.F.R. § 22.18(c).
EPA reserves any rights and remedies available to it under RCRA, the regulations
promulgated thereunder and any other federal law or regulation to enforce the terms of
this Consent Agreement and Final Order after its effective date.EXECUTION /PARTIES BOUND -
This Consent Agreement and Final Order shall apply to and be binding upon EPA, the
Respondent and the officers, directors, employees, contractors, successors, agents and
assigns of Respondent. By his or her signature below, the person who signs this Consent
Agreement on behalf of Respondent is acknowledging that he or she is fully authorized
by the Respondent to execute this Consent Agreement and to legally bind Respondent to
the terms and conditions of this Consent Agreement and Final Order.EFFECTIVE DATE -
The effective date of this Consent Agreement and Final Order is the date on which the
Final Order, signed by the Environmental Appeals Board is filed along with the Consent
Agreement with the Hearing Clerk for the Environmental Appeals Board pursuant to the
Consolidated Rules of Practice.ENTIRE AGREEMENT -
This Consent Agreement and Final Order constitutes the entire agreement and
understanding between the Parties regarding settlement of all claims for civil penalties
pertaining to the specific violations alleged herein and there are no representations,
warranties, covenants, terms, or conditions agreed upon between the Parties other than
those expressed in this Consent Agreement and Final Order.
For Respondent: BLOOM ENERGY CORPORATION
Date: 4/2/20 By: Shawn Soderberg, Esq.
Executive Vice President, General
Counsel and Secretary
19
For the Complainant: U.S. ENVIRONMENTAL PROTECTION AGENCY
5/5/2020 NATALIE KATZ Digitally signed by NATALIE KATZ
Date: 2020.05.05 12:23:48 -04'00'
Date: ____ By: ____
Natalie L. Katz
Sr. Assistant Regional Counsel
Office of Regional Counsel, EPA, Region III
Digitally signed by LESLIE OIF
5/5/2020
Date: ____
LESLIE OIF Date: 2020.05.05 13:54:26
By: ____
-04'00'
Leslie A. Oif
Attorney
Waste and Chemical Enforcement Division
After reviewing the Consent Agreement and other pertinent matters, the Environmental
Compliance and Enforcement Division of the U.S. Environmental Protection Agency, recommends that the Administrator, or his/her designee issue the attached Final Order.
05/05/2020 DIANA SAENZ Digitally signed by DIANA SAENZ
Date: 2020.05.05 14:57:12 -04'00'
Date: ____ By: _______
Diana Saenz, Acting Director
Waste and Chemical Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance
Assurance
United States Environmental Protection Agency
20
APPENDIX A
The purpose of the Compliance Audit shall be to audit each of the records of Respondent’s shipments of Desulf Units containing spent catalysts from all of its customer facilities in the United States outside of Region III (DC, DE, MD, PA, VA, WV) for the time period beginning September 8, 2015 through December 31, 2019. The Final Audit Report, required by Paragraph 73 and 74 of this Consent Agreement and Final Order, shall include the following information:
-
Identification of all facilities where a Bloom Energy Server has been installed outside of
Region III states (DC, DE, MD, PA, VA, WV). For each such facility, please provide the
following:a. Name of customer, name of facility, address of facility, and EPA ID number of
facility (if applicable)
b. Date(s) of each Energy Server installation.
c. Number and volume of all Desulf Canisters present at the facility. -
For each of the facilities listed in response to question 1a. above, provide the date(s) and
number of instances when any Desulf Canisters were removed from any installed Energy
Server during the period of September 8, 2015 through December 1, 2019. For each such
instance, provide the following:a. Date of removal
b. Number of Desulf Canisters removed
c. Date of off-site transport
d. Name, address, and EPA ID number (if applicable) of transporter(s) utilized
e. Copies of the following types of documents showing each shipment of the Desulf
Canisters, including: bills of lading, manifests, hazardous waste manifests,
shipping invoices, electronic records, LDR notices and certifications. -
For each facility or location that received a Desulf Canister shipment (“Receiving
Facility”), provide the following:a. Name, address, and EPA ID number (if applicable) of Receiving Facility
b. Date of receipt for each Desulf Canister shipment
c. For any and all material removed from a Desulf Canister (“Removed Material”) at
this location, provide the following:
(1) Date of removal and volume removed
(2) Whether Removed Material was shipped from the Receiving Facility to
another location and the date and method of such shipment(s). If it has not
been shipped from that location, state its current location and explain why
it has not been shipped from the Receiving Facility.
(3) If the Removed Material was shipped from the Receiving Facility, provide
copies of the following types of documents reflecting each shipment,
including: bills of lading, manifests, hazardous waste manifests, shipping21invoices, electronic records, LDR notices and certifications that
accompanied and/or refer to each off-site shipment of this material. -
For each facility or location that received material removed from a Desulf Canister
(“Final Destination”), please provide the following:a. Name, address, and EPA ID number (if applicable) of Final Destination
b. Date of receipt for each shipment of Removed Material from a Desulf Canister
c. Whether the Removed Material was ultimately disposed of. If so, provide:
(1) date of disposal
(2) volume disposed
(3) disposal facility name, address and EPA ID number (if applicable)
(4) method of disposal
(5) copies of all documents related to the disposal.
d. State whether the Removed Material was ultimately reclaimed or recycled. If so,
provide:
(1) whether the Removed Material was reclaimed or whether it was recycled
(2) date of reclamation or recycling
(3) name, address and EPA ID number (if applicable) of reclamation or
recycling location
(4) method of reclamation or recycling
(5) copies of all documents related to the reclamation or recycling. -
If Bloom is not in possession of documents (in any format) reflecting the information
listed above, Bloom shall: i) specify which information and categories of documents it
does not have; ii) formally request in writing and diligently pursue for the benefit of the
auditor documents including such information from applicable transporters, receiving
facilities, destination facilities, and any other entities likely to have such documents; and
iii) inform EPA regarding the response of each entity to the request for documents. -
A statement indicating any problems or difficulties, in performing the Compliance Audit,
and the measures taken to address such problems or difficulties.22CERTIFICATE OF SERVICE
I certify that copies of the foregoing “Consent Agreement” and “Final Order,” in the matter of Bloom Energy Corporation, Docket No. RCRA-HQ-2020-501were sent to the following persons in the manner indicated:
By E-mail:
Shawn Soderberg Patrick J. McCormick III, Esq. Bloom Energy Corporation Bloom Energy Corporation 4353 North First Street 200 Christina Parkway San Jose, CA 95134 Newark, DE 19713 [email protected] [email protected]
Natalie Katz Diana Saenz Sr. Asst. Regional Counsel Acting Director ORC – 3RC40 Waste and Chemical Enforcement Division U.S. EPA, Region III Office of Civil Enforcement 1650 Arch Street OECA (2249A) Philadelphia, PA 19103 1200 Pennsylvania Ave., NW [email protected] Washington DC 20004
[email protected]
Martin Matlin
Enforcement Officer Leslie Oif ECAD – 3ED22 Attorney U.S. EPA, Region III Officer of Civil Enforcement 1650 Arch Street OECA (2249A) Philadelphia, PA 19103 1200 Pennsylvania Ave., NW [email protected] Washington DC 20004
[email protected]
Dated: ____
May 12 2020 ______
Eurika Durr
Clerk of the Board
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