Southern Wood Piedmont Company and Rayonier Inc. (Board decision, January 19, 2012)

Plain-English summary

Southern Wood Piedmont Company and Rayonier Inc. were respondents in an RCRA penalty matter. The Board incorporated and ratified the Consent Agreement under 40 C.F.R. § 22.18(b) and section 3008(a), 42 U.S.C. § 6928(a). It ordered both respondents to comply with all terms of the agreement effective immediately. The order itself does not state the penalty amount or underlying violations.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b) and 42 U.S.C. § 6928(a)
• Outcome: The Consent Agreement was incorporated into and ratified by the Final Order, and both respondents were ordered to comply with its terms.
• Key point: The EAB can make a RCRA Consent Agreement effective through a Final Order and an immediate compliance directive.

Full text (EPA EAB public release)

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

IN THE MATTER OF: )
)
Southern Wood Piedmont Company, ) Docket No.: RCRA-HQ-2011-5014
Rayonier Inc. )
)
Respondents. )

                                     FINAL ORDER

   Pursuant to 40 C.F.R. § 22.18(b) of EPA’s “Consolidated Rules of Practice Governing the

Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of
Permits,” Section 3008(a) of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976 and the Hazardous and Solid Waste Amendments of 1984
(collectively “RCRA”), 42 U.S.C. § 6928(a), the Consent Agreement resolving this matter is
incorporated by reference into this Final Order and is hereby ratified.

   The Respondents are ORDERED to comply with all terms of the Consent Agreement,

effective immediately.

   So Ordered.


                       [signature]
                       Judge, Environmental Appeals Board

Date: January 19, 2012

CERTIFICATE OF SERVICE

      I certify that the foregoing “Consent Agreement” and “Final Order,” in the Matter of

Southern Wood Piedmont Company and Rayonier Inc., Docket No. RCRA-HQ-2011-5014, were
filed and copies of the same were mailed to the parties as indicated below:

(Interoffice) Cari Shiffman, Attorney-Adviser
Waste and Chemical Enforcement Division (2249A)
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave, N.W.
Ariel Rios Building, Rm. 4146A
Washington, DC 20460
Phone: 202-564-2898
E-mail: [email protected]

                   Lulu Cheng, Attorney-Adviser
                   Office of Site Remediation Enforcement (2272A)
                   Office of Enforcement and Compliance Assurance
                   U.S. Environmental Protection Agency
                   1200 Pennsylvania Ave, N.W.
                   Ariel Rios Building, Rm. 4232R
                   Washington, DC 20460
                   Phone: 202-564-6299
                   E-mail: [email protected]

(U.S. Mail) Dean A. Calland
Counsel for Southern Wood Piedmont Company and Rayonier Inc.
Babst, Calland, Clements & Zomnir, P.C.
Two Gateway Center, 6th Floor
Pittsburgh, PA 15222
Phone: 412-394-5408
E-mail: [email protected]

                                           [signature]
                                           Annette Duncan, Secretary
                                           U.S. Environmental Protection Agency
                                           Environmental Appeals Board

Dated: January 19, 2012