National Plastics Color, Inc. (Board decision, June 14, 2007)

Plain-English summary

The EPA EAB listing identifies this as a Toxic Substances Control Act penalty matter involving National Plastics Color, Inc. The parties consented to entry of a Final Order incorporating the attached Consent Agreement by reference. The Board ordered National Plastics Color, Inc. to comply with that agreement and assessed a $47,685 civil penalty. The released Final Order does not state the underlying alleged violation.

Decision snapshot

• Cited authorities: None expressly cited in the released Final Order.
• Outcome: Settled. The Consent Agreement was incorporated into the Final Order, and National Plastics Color, Inc. was assessed a $47,685 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:

National Plastics Color, Inc. Docket Number TSCA-HQ-2007-5006

   Respondent.


                                  FINAL ORDER

      The United States Environmental Protection Agency as Complainant, and

National Plastics Color, 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, National Plastics Color, Inc., shall comply with all terms of

the Consent Agreement;

      2.      Respondent is assessed a civil penalty of Forty Seven Thousand Six

Hundred and Eighty-Five Dollars ($47,685.00); 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: 6/14/07


                         CERTIFICATE OF SERVICE

   I certify that the foregoing "Consent Agreement and Final Order," National Plastics Color,

Inc., Docket No. TSCA-HQ-2007-5006, was filed and copies of the same were mailed to the parties as indicated below:

(Interoffice) James Vinch, Esq.
Waste and Chemical Enforcement Division
Office of Civil Enforcement
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., N.W. (Mail Code 2245A)
Washington, D.C. 20460
(202) 564-1256
Fax: (202) 564-0035

(U.S. Mail) Steven R. Sutherland, President
National Plastics Color, Inc.
100 West Industrial Street
Valley Center, Kansas 67147
(316) 755-1273
Fax: (316) 755-0614

                          Mr. Lawrence Culleen, Esquire
                          Counsel for National Plastics Color, Inc.
                          Arnold & Porter
                          555 Twelfth Street, N.W.
                          Washington, D.C. 20004-1202
                          202-942-5477
                          Fax: 202-942-5999

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


                          Dated: JUN 15 2007