NewChem, Inc. Facility (Board decision, March 19, 2012)

Plain-English summary

NewChem, Inc. appealed EPA Region 3's November 29, 2011 Final Decision and Response to Comments concerning its proposed remedy. NewChem and EPA Region 3 later filed a joint notice of voluntary dismissal after working cooperatively to resolve the appeal. EPA withdrew the challenged final decision and reopened the Statement of Basis, giving NewChem an opportunity to submit comments and additional information about the proposed remedy. The Board dismissed the appeal.

Decision snapshot

• Cited authorities: None stated in the order.
• Outcome: The appeal was dismissed after EPA withdrew the challenged final decision and reopened the Statement of Basis.
• Key point: Withdrawal of the challenged decision and reopening of the Statement of Basis ended the appeal while allowing NewChem to submit further comments and information.

Full text (EPA EAB public release)

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

                                     )     Appeal No. RCRA (3008) 12-01

In re: NewChem, Inc. Facility )
)
EPA ID No. WVD07968413 )
)

                          ORDER DISMISSING APPEAL

   Appellant NewChem, Inc. (NewChem”) filed a Notice of Appeal and Appeal Brief on

February 14th, 2012. On March 5th, 2012, NewChem and EPA Region 3 filed a Joint Notice of Voluntary Dismissal with the Board. In that notice, EPA Region 3 and NewChem inform the Board that they have worked cooperatively to resolve the issues raised in the appeal. As a result EPA has withdrawn the November 29, 2011 Final Decision and Response to Comments that was the subject of NewChem’s appeal. Region III has reopened the Statement of Basis associated with that Final Decision and NewChem will have the opportunity to submit comments and additional information regarding EPA’s proposed remedy. The Parties therefore request the Board to dismiss NewChem’s Appeal.

   Having duly considered the matter and for good cause shown, the Board DISMISSES

Appeal No. RCRA (3008) 12-01.

   So Ordered.

                                                 ENVIRONMENTAL APPEALS BOARD

Date: March 19, 2012 Anna L. Wolgast
Environmental Appeals Judge

CERTIFICATE OF SERVICE

    I hereby certify that copies of the foregoing Order Dismissing Appeal, in the matter of

NewChem, Inc. Facility, RCRA (3008) 12-01, were sent to the following persons in the manner indicated:

By Pouch Mail & Fax

Yvette Hamilton-Taylor
Diane Ajl
Office of Regional Counsel
U.S. Environmental Protection Agency
Region III
1650 Arch Street
Philadelphia, PA 19103-2029
Fax: 215-814-2603

Abraham Ferdas
Division Director
Land and Chemicals Division
U.S. Environmental Protection Agency
Region III
1650 Arch Street
Philadelphia, PA 19103-2029
Fax: 215-814-3114

By First Class Mail

1. Jeffrey McNealey
   Christen Moore
   Porter, Wright, Morris & Arthur LLP
   41 South High Street, 30th Floor
   Columbus, OH 43215
   Fax: 614-227-2000

                                             Annette Duncan
                                             Secretary
                                             March 19, 2012