Titanium Metals Corporation (Board decision, December 1, 2010)

Plain-English summary

EPA and Titanium Metals Corporation signed a Consent Agreement that was incorporated into the Environmental Appeals Board's Final Order. The order requires Titanium Metals Corporation to comply with every term of that agreement. It assesses a civil penalty of $37,267 and specifies payment by certified or cashier's check or wire transfer under the agreement's payment provisions. The release does not state additional facts about the underlying alleged violations.

Decision snapshot

• Cited authorities: None stated in the release.
• Outcome: The Consent Agreement was incorporated into the Final Order, and Titanium Metals Corporation was ordered to comply and pay a $37,267 civil penalty.
• Key point: The EAB can enter a consent-based Final Order that makes the agreement's terms and penalty binding on the respondent.

Full text (EPA EAB public release)

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

DEC 1 2010
CLERK, ENVIRONMENTAL APPEALS BOARD
INITIALS [illegible]

                         )

In the Matter of: )
) Docket Number TSCA-HQ-2010-5016
Titanium Metals Corp. )
Henderson, NV )
)
Respondent )
-----------------------------)

                                    FINAL ORDER

   The United States Environmental Protection Agency as Complainant, and Titanium

Metals Corp., 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, Titanium Metals Corp., shall comply with all terms of the Consent
   Agreement;

2. Respondent is assessed a civil penalty of Thirty Seven Thousand Two Hundred 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]
                                    Environmental Appeals Board
   
                                Dated: [illegible], 2010
   
                         CERTIFICATE OF SERVICE
   

   I certify that the foregoing "Consent Agreement and Final Order," Titanium Metals Corp.,
   Docket No. TSCA-HQ-2010-5016, was filed and copies of the same were mailed to the parties as indicated below:

(Interoffice) Karin Koslow, Attorney-Advisor
Chemical Risk and Reporting Enforcement Branch
Waste and Chemical Enforcement Division
Office of Civil Enforcement/OECA/US EPA
1200 Pennsylvania Ave., NW (Mail Code 2249A)
Washington, DC 20460-0001
Fax: (202) 564-0035

(U.S. Mail) Bruce Graff
Plant Manager
Titanium Metals Corporation
181 North Water Street
Henderson, Nevada 89015

                         Craig D. Galli
                         Partner
                         Holland & Hart LLP
                         222 South Main, Suite 2200
                         Salt Lake City, UT 84101
                         Fax (866) 784-7734

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

Dated: [illegible]