E.I. du Pont de Nemours and Company (Board decision, December 15, 2010)

Plain-English summary

EPA and E.I. du Pont de Nemours and Company signed and consented to entry of an attached Consent Agreement. The Environmental Appeals Board incorporated that agreement into its Final Order. The Board ordered DuPont to comply with the agreement and pay a $3.3 million civil penalty within thirty days of the order's effective date. The order does not state the underlying facts or violations beyond its reference to the agreement.

Decision snapshot

• Cited authorities: 15 U.S.C. § 2615
• Outcome: The Consent Agreement was incorporated into the Final Order, and DuPont was assessed a $3.3 million civil penalty.
• Key point: The EAB made the parties' TSCA Consent Agreement enforceable through a Final Order and required payment under its terms.

Full text (EPA EAB public release)

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

                          )

In the Matter of: )
)
E.I. du Pont de Nemours ) Docket No. TSCA-HQ-2010-5002
and Company )
)
Respondent )
------------------)

                                    FINAL ORDER

    Pursuant to Section 16 of the Toxic Substance Control Act (TSCA), 15 U.S.C. § 2615,

Complainant, United States Environmental Protection Agency (EPA or Agency), and Respondent, E.I. du Pont de Nemours and Company (DuPont) (collectively, the Parties), having signed and consented to entry of the attached Consent Agreement incorporated by reference into this Final Order,

   IT IS ORDERED THAT:

1. Respondent, DuPont, shall comply with all terms of the Consent Agreement;

2. Respondent is assessed a civil penalty of $3,300,000 (three million, three hundred
   thousand dollars); and

3. Respondent shall, within thirty (30) days of the effective date of this Order, in accordance
   with the payment provisions set forth in the Consent Agreement, via a certified or cashier's check or through a wire transfer make payment of $3,300,000 as described in the Consent Agreement.

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

                                            Dated: December 15, 2010

                             CERTIFICATE OF SERVICE

    I certify that the foregoing "Consent Agreement and Final Order," E.I. du Pont de

Nemours and Company, Docket No. TSCA-HQ-2010-5002, was filed and copies of the same

were mailed to the parties as indicated below:

(Interoffice) Mark Garvey, Attorney
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) Elliott P. Laws
Counsel for Dupont
Crowell & Moring LLP
1001 Pennsylvania Avenue, N.W.
Washington, DC 20004

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

Dated: DEC 20 2010