Chemtura Corporation (Board decision, June 25, 2012)

Plain-English summary

Chemtura Corporation was accused of violating section 8(a) of the Toxic Substances Control Act. EPA's complaint proposed a $55,901 civil penalty. Chemtura paid the full proposed penalty, and EPA informed the Environmental Appeals Board that it had received the payment instrument. The Board issued a Final Order resolving the case civilly for the violations and facts alleged in the complaint.

Decision snapshot

• Cited authorities: 15 U.S.C. § 2607(a); 40 C.F.R. § 22.18(a)(1) and (a)(3)
• Outcome: The case was resolved civilly after Chemtura paid the full $55,901 proposed penalty.
• Key point: Payment in full under 40 C.F.R. § 22.18(a) led to a final order resolving the case for the violations and facts alleged in the complaint.

Full text (EPA EAB public release)

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

In the Matter of:

Chemtura Corporation Docket Number TSCA-HQ-2012-5017

Respondent.

FINAL ORDER

On May 31, 2012, the U.S. Environmental Protection Agency's Office of Civil Enforcement, Waste and Chemical Enforcement Division (EPA), filed a complaint against Chemtura Corporation (Chemtura), alleging that Chemtura had violated section 8(a) of the Toxic Substances Control Act, 15 U.S.C. § 2607(a). The complaint specified a proposed civil penalty of $55,901.

At 40 C.F.R. § 22.18(a)(1) under the Consolidated Rules of Practice that govern this administrative enforcement proceeding, a respondent may opt for a quick resolution of the proceeding at any time by paying the specific penalty proposed in the complaint.

On June 14, 2012, EPA informed the Environmental Appeals Board that it had received a copy of the instrument of payment for the full amount of the proposed $55,901 penalty in resolution of the above-captioned matter.

In accordance with 40 C.F.R. § 22.18(a)(3), upon receipt of payment in full, the Environmental Appeals Board shall issue a final order. Therefore, the above-captioned case is hereby RESOLVED civilly for the violations and facts alleged in the complaint.

SO ORDERED.

By: [signature]

Environmental Appeals Board

Dated: June 23, 2012

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Final Order in the Matter of Chemtura Corporation, Docket No. TSCA-HQ-2012-5017, were sent to the following persons in the manner indicated:

By Facsimile and Pouch Mail:

Geraldine Gardner, Esq.
Waste and Chemical Enforcement Division
Office of Civil Enforcement
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., N.W. (Mail Code 2249A)
Washington, D.C. 20460
(202) 564-4032
Fax No. (202) 564-0035

By First Class U.S. Mail:

Craig A. Rogerson, President
Chemtura Corporation
1818 Market Street
Suite 3700
Philadelphia, PA 19103

Kirstin M. Etela, Esq.
Chemtura Corporation
199 Benson Road
Middlebury, CT 06749

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

Dated: June 25, 2012