ISP Freetown Fine Chemicals, Inc. (Board decision, September 22, 2022)

Plain-English summary

On August 15, 2022, Administrative Law Judge Christine Donelian Coughlin issued an Initial Decision in the proceeding involving ISP Freetown Fine Chemicals, Inc. The order says the ALJ granted the respondent's motion for accelerated decision and denied EPA's motion for accelerated decision. Neither party appealed the Initial Decision. The Environmental Appeals Board declined to review the case on its own initiative under 40 C.F.R. §§ 22.27(c)(4) and 22.30(b), so the Initial Decision became a final order on September 29, 2022. This EAB order does not state the underlying violations, relief, or penalty result.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 22.27(c), 22.27(c)(4), and 22.30(b)
• Outcome: The EAB declined sua sponte review, and the ALJ's Initial Decision became a final order.
• Key point: When neither party appeals an ALJ Initial Decision and the EAB declines sua sponte review, the Initial Decision becomes final under 40 C.F.R. § 22.27(c).

Full text (EPA EAB public release)

                                                                         F I L E D
                                                                             Sep 22, 2022
                                                                        Clerk, Environmental Appeals Board
                                                                        INITIALS ________________________
                    ENVIRONMENTAL APPEALS BOARD
                   UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                           WASHINGTON, D.C.


                                           )

In re: )
)
ISP Freetown Fine Chemicals, Inc. ) RCRA (3008) Appeal No. 22-(01)
)
Docket No. RCRA-01-2018-0062 )
)

             ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW

      On August 15, 2022, Administrative Law Judge Christine Donelian Coughlin issued an

Order Granting Respondent’s Motion for Accelerated Decision/Order Denying Complainant’s

Motion for Accelerated Decision/Initial Decision (“Initial Decision”). 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 will become a final order

on September 29, 2022, pursuant to 40 C.F.R. § 22.27(c).

      So ordered. 1


                                                ENVIRONMENTAL APPEALS BOARD




   September 22, 2022

Dated: ____ By: ______
Wendy L. Blake
Environmental Appeals Judge

      1
    The three-member panel deciding this matter consists of Environmental Appeals Judges

Aaron P. Avila, Wendy L. Blake, and Mary Kay Lynch.
 CERTIFICATE OF SERVICE

    I certify that copies of the foregoing Order Declining to Exercise Sua Sponte Review in

the matter of ISP Freetown Fine Chemicals, Inc., Docket No. RCRA-01-2018-0062, were sent to
the following people in the manner indicated:

By Email:

Administrative Law Judge Christine Aaron H. Goldberg
Donelian Coughlin Beveridge & Diamond, P.C.
Headquarters Hearing Clerk Mary Angeles 1900 N Street, NW Suite 100
Office of Administrative Law Judges Washington DC 20036
U.S. Environmental Protection Agency Email: [email protected]
Ronald Reagan Building, Room M1200
1300 Pennsylvania Ave., N.W. Eric L. Klein
Email: [email protected] Beveridge & Diamond, P.C.
Email: [email protected] 155 Federal Street, Suite 1600
Boston, MA 02110
Wanda Santiago Email: [email protected]
Regional Hearing Clerk
Region 1 Lawrence Starfield
U.S. Environmental Protection Agency Acting Assistant Administrator
5 Post Office Square, Suite 5 Office of Enforcement and Compliance
Boston, MA 02109-3912 Assurance
Email: [email protected] 1200 Pennsylvania Ave., N.W.
Email: [email protected] Mail Code 2201A
U.S. Environmental Protection Agency
Andrea Simpson Washington D.C. 20460
Christopher P. Milione Email: [email protected]
Region 1
U.S. Environmental Protection Agency
5 Post Office Square, Suite 5
Boston, MA 02109-3912
Email: [email protected]
Email: [email protected]

Dated: ____
Sep 22, 2022 _____

                                                         Emilio Cortes
                                                       Clerk of the Board