The Okonite Company, Inc. (Board decision, August 2, 2011)

Plain-English summary

EPA Region 2 appealed an initial decision involving The Okonite Company, Inc. The initial decision found no liability and assessed no penalty. Region 2 later withdrew its notice of appeal. The Environmental Appeals Board granted the withdrawal and dismissed the matter.

Decision snapshot

• Cited authorities: None stated in the order.
• Outcome: The Board granted EPA Region 2's withdrawal of its notice of appeal and dismissed the matter.
• Key point: The EAB ended the appeal after EPA Region 2 withdrew it; the underlying initial decision found no liability and assessed no penalty.

Full text (EPA EAB public release)

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

                                  )

In re: )
)
The Okonite Company, Inc. ) TSCA Appeal No. 11-02
)
------------------------------)

                            ORDER DISMISSING APPEAL


     On April 21, 2001, U.S. EPA Region 2 (the “Region”) filed a notice of appeal from the

Initial Decision that Administrative Law Judge Barbara A. Gunning issued on March 8, 2011,

finding no liability and assessing no penalty on the complaint the Region filed against The

Okonite Company, Inc. Subsequently, on May 5, 2011, the Region filed a withdrawal of its

notice of appeal. Upon consideration, the Board grants the Region’s withdrawal and hereby

dismisses this matter.

     So ordered.

                                         ENVIRONMENTAL APPEALS BOARD


                                         By: Kathie A. Stein
                                             Kathie A. Stein
                                             Environmental Appeals Judge

                                Dated: August 2, 2011

                           CERTIFICATE OF SERVICE

  I hereby certify that copies of the foregoing Order Dismissing Appeal, in the matter of

The Okonite Company, Inc., TSCA Appeal No. 11-02, were sent to the following persons in the
manner indicated:

By First Class U.S. Mail:
Francis T. Giuliano
Vice President and General Counsel
The Okonite Company, Inc
102 Hilltop Rd.
P.O. Box 340
Ramsey, N.J. 07446

By EPA Pouch Mail:
Karen L. Taylor
Assistant Regional Counsel
U.S. Environmental Protection Agency, Region 2
290 Broadway, 16th Floor
New York, N.Y. 10007-1866

Dated: AUG - 2 2011
Annette Duncan
Secretary

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