Toray Marketing & Sales (America), Inc. (Board decision, June 15, 2007)

Plain-English summary

Toray Marketing & Sales (America), Inc. and EPA consented to entry of a Final Order in a Toxic Substances Control Act penalty matter. The released Final Order incorporates the attached Consent Agreement by reference, orders Toray to comply with its terms, and assesses a civil penalty of $61,504. The released two-page order does not reproduce the Consent Agreement or state the underlying allegations.

Decision snapshot

• Cited authorities: None expressly cited in the released Final Order.
• Outcome: Settled. The Consent Agreement was incorporated into the Final Order, and Toray was assessed a $61,504 civil penalty.
• Key point: The Board made the parties' Consent Agreement effective through a Final Order.

Full text (EPA EAB public release)

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

In the Matter of:

Toray Marketing & Sales Docket Number TSCA-HQ-2007-5012
(America), Inc.

   Respondent.


                                   FINAL ORDER

            The United States Environmental Protection Agency as Complainant, and Toray

Marketing & Sales (America), Inc. as Respondent, the parties herein, having signed and consented
to entry of the attached Consent Agreement incorporated by reference into this Final Order,

   NOW, THEREFORE, IT IS ORDERED THAT:

            1.    Respondent, Toray Marketing & Sales (America), Inc., shall comply with

all terms of the Consent Agreement;

        2.     Respondent is assessed a civil penalty of Sixty One Thousand Five

Hundred and Four Dollars ($61,504.00); and

           3.    Respondent shall, in accordance with the payment provisions set forth in

the Consent Agreement, make payment via a certified or cashier's check or through a wire
transfer as described in the Consent Agreement.

IT IS SO ORDERED.
By: [signature]
Environmental Appeals Board

                                Dated: June 15, 2007


                            CERTIFICATE OF SERVICE

     I certify that the foregoing "Consent Agreement and Final Order," Toray Marketing &

Sales (America), Inc., Docket No. TSCA-HQ-2007-5012, was filed and copies of the same were

mailed to the parties as indicated below:

(Interoffice) James J. Vinch, Esq.
Waste and Chemical Enforcement Division
Office of Civil Enforcement
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., N.W. (Mail Code 2249A)
Washington, D.C. 20460
(202) 564-1256
Fax: (202) 564-0035

(U.S. Mail) John V. Massingale
Greenwich Chemical Consulting, Inc.
Two Sound View Drive, Suite 100
Greenwich, Connecticut 06830

                          Secretary
                          U.S. Environmental Protection Agency
                          1200 Pennsylvania Avenue, N.W.
                          Washington, DC 20460-0001


       Dated: June 15, 2007