Haldor Topsoe, Inc. (Board decision, July 20, 2012)

Plain-English summary

Haldor Topsoe, Inc. was accused of failing to comply with TSCA reporting requirements and the Inventory Update Reporting Rule. EPA's complaint proposed a $202,779 civil penalty. Haldor Topsoe paid the full amount, which waived its right to contest the allegations and appeal the final order under the cited EPA rule. The Environmental Appeals Board then resolved the matter civilly for the violations and facts alleged in the complaint.

Decision snapshot

• Cited authorities: 15 U.S.C. §§ 2607(a) and 2614; 40 C.F.R. Parts 22 and 710, including § 22.18(a)(3)
• Outcome: The matter was resolved civilly after Haldor Topsoe paid the full $202,779 proposed penalty.
• Key point: Full payment of the complaint's specified penalty supported a final order and waived the respondent's right to contest the allegations and appeal.

Full text (EPA EAB public release)

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

In the Matter of:

Haldor Topsoe, Inc. TSCA-HQ-2012-5015

Respondent

FINAL ORDER

On June 20, 2012, the U.S. Environmental Protection Agency's Office of Civil

Enforcement, Waste and Chemical Enforcement Division ("EPA"), filed a complaint against

Haldor Topsoe, Inc. ("Haldor Topsoe"), alleging that Haldor Topsoe failed to comply with the

reporting requirements of section 8(a) of the Toxic Substances Control Act ("TSCA"), 15 U.S.C.

§ 2607(a), and the Inventory Update Reporting Rule promulgated thereunder at 40 C.F.R. Part

710, therefore violating section 15 of TSCA, 15 U.S.C. § 2614. The complaint proposed a civil

penalty of $202,779. The Consolidated Rules of Practice, codified at 40 C.F.R. Part 22, govern

this administrative proceeding. Section 22.18(a) of the Consolidated Rules of Practice states that

a respondent may opt for a quick resolution of the proceeding at any time by paying the specific

penalty proposed in the complaint. 40 C.F.R. § 22.18(a)(1). On July 5, 2012, EPA informed the

Environmental Appeals Board ("Board") that it had received a copy of the instrument of payment

for the full amount of the $202,779 penalty from Haldor Topsoe in resolution of the above-

captioned matter.

In accordance with section 22.18(a)(3), upon receipt of payment in full the Board shall

issue a final order. 40 C.F.R. § 22.18(a)(3). Payment by respondent constituted a waiver of

respondent's rights to contest the allegations and to appeal the final order. Id. Therefore, the

above-captioned matter is hereby RESOLVED civilly for the violations and facts alleged in

the complaint.

So ordered.

ENVIRONMENTAL APPEALS BOARD

By: [signature]

Leslye M. Fraser
Environmental Appeals Judge

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Final Order in the Matter of Haldor Topsoe,

Inc., Docket No. TSCA-HQ-2012-5015, were sent to the following persons in the manner

indicated:

By Facsimile and Pouch Mail:

Erin Saylor, Attorney Advisor
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
Ph: 202-564-6124
Fax: 202-564-0035

By First Class U.S. Mail:

Anders Olsen
Chief Executive Officer
Haldor Topsoe, Inc.
17629 El Camino Real, Suite 300
Houston, Texas 77058

Edward Lewis, Partner
Fulbright & Jaworski LLP
Fulbright Tower
1301 McKinney, Suite 5100
Houston, Texas 77010-3095

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

Dated: July 20, 2012