Sinochem (U.S.A.), Inc. (Board decision, October 9, 2009)

Plain-English summary

EPA and Sinochem (U.S.A.), Inc. signed and consented to entry of a Consent Agreement in a TSCA penalty matter. The Environmental Appeals Board incorporated that agreement by reference into its Final Order. The Board ordered Sinochem to comply with the agreement and assessed a civil penalty of $37,267. The order does not state the underlying facts or violations beyond its reference to the Consent Agreement.

Decision snapshot

• Cited authorities: None stated in the order.
• Outcome: Settled. The Board incorporated the Consent Agreement into the Final Order, ordered compliance, and assessed a $37,267 civil penalty.
• Key point: The Consent Agreement became part of the Final Order, and the Board made its penalty terms enforceable through that order.

Full text (EPA EAB public release)

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

In the Matter of: )
)
Sinochem (U.S.A.), Inc. ) Docket Number TSCA-HQ-2009-5001
)
Respondent. )

                                  FINAL ORDER

    The United States Environmental Protection Agency as Complainant, and

Sinochem (U.S.A.), 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, Sinochem (U.S.A.), Inc., shall comply with all terms of the

Consent Agreement;

    2.      Respondent is assessed a civil penalty of Thirty Seven Thousand Two

Hundred and Sixty Seven Dollars ($37,267); 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 illegible]
        Environmental Appeals Board

    Dated: October 9, 2009


                                  11


                          CERTIFICATE OF SERVICE

    I certify that the foregoing “Consent Agreement and Final Order,” Company (U.S.A.), Inc.,

Docket No. TSCA-HQ-2009-5001, was filed and copies of the same were mailed to the parties as indicated below:

(Interoffice) Dean B. Ziegel, Esq.
Waste and Chemical Enforcement Division
Office of Civil Enforcement
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., N.W. (Mail Code 2249A)
Washington, DC 20460
(202) 564-4038
Fax: (202) 564-0020

(U.S. Mail) Mr. Yu Chen, President
Sinochem (U.S.A.), Inc.
1330 Post Oak Boulevard, Suite 2500
Houston, TX 77056

                          [signature illegible]
                          Annette Duncan, Secretary
                          U.S. Environmental Protection Agency
                          1200 Pennsylvania Avenue, N.W.
                          Washington, DC 20460-0001

Dated: OCT 13 2009