New Prime, Inc. (Board decision, May 3, 2024)

Plain-English summary

The Presiding Officer issued an Initial Decision and Order concerning New Prime, Inc. on March 27, 2024. Neither party appealed. The Environmental Appeals Board declined to exercise sua sponte review, so the Initial Decision and Order became a final order on May 13, 2024 under the cited EPA rules.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 22.7(a), 22.27(c), and 22.30(b)
• Outcome: The EAB declined its own-initiative review, and the Initial Decision and Order became final on May 13, 2024.
• Key point: When neither party appeals and the EAB declines sua sponte review, an initial decision becomes final under the Consolidated Rules of Practice.

Full text (EPA EAB public release)

F I L E D
May 03, 2024
Clerk, Environmental Appeals Board

INITIALS ______

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

In re New Prime, Inc.
Docket No. RCRA-08-2020-0007

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RCRA Appeal No. 24-(01)

ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW
On March 27, 2024, the Presiding Officer issued an Initial Decision and Order. Neither party appealed, and the Environmental Appeals Board is declining to review the case on its own initiative. See 40 C.F.R. §§ 22.27(c)(4), 22.30(b). Accordingly, the Initial Decision and Order will become a final order on May 13, 2024, pursuant to 40 C.F.R. §§ 22.7(a), 22.27(c).1 So ordered.2

ENVIRONMENTAL APPEALS BOARD
Dated: May 3, 2024

By: ________
Ammie Roseman-Orr
Environmental Appeals Judge

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Forty-five days after March 27, 2024, is May 11, 2024, which is a Saturday. Consistent with 40 C.F.R. § 22.7(a), the Initial Decision and Default Order will become a final order on Monday, May 13, 2024. 2

The three-member panel deciding this matter consists of Environmental Appeals Judges Aaron P. Avila, Wendy L. Blake, and Ammie Roseman-Orr.

CERTIFICATE OF SERVICE
I certify that copies of the foregoing Order Declining to Exercise Sua Sponte Review in the matter of New Prime, Inc., Docket No. RCRA-08-2020-0007, were sent to the following persons in the manner indicated: By Email: Mark Ryan Mark Ryan Law PLLC P.O. Box 306 Winthrop, WA 98862 [email protected] Scott McKay Nevin, Benjamin & McKay LLP P.O. Box 2772 Boise, ID 83701 [email protected]

May 03, 2024
Dated: ________

Laurianne Jackson
Charles Figur
U.S. EPA, Region 8
1595 Wynkoop St. (R8-ORC-R)
Denver, CO 80202-1129
[email protected]
[email protected]
Christine D. Coughlin, Administrative
Law Judge
Attn: Mary Angeles, Headquarters
Hearing Clerk
Office of Administrative Law Judges
U.S. Environmental Protection Agency
[email protected]

Emilio Cortes
Clerk of the Board