Chemalloy Company, Inc. (Board decision, September 18, 2012)

Plain-English summary

Chemalloy Company, Inc. was accused of failing to comply with TSCA reporting requirements and the Inventory Update Reporting Rule. EPA's complaint proposed a $204,971 civil penalty. Chemalloy paid the full amount, which waived its right to contest the allegations and appeal the order under the cited EPA rule. The Environmental Appeals Board then resolved the case 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 case was resolved civilly after Chemalloy paid the full $204,971 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:

Chemalloy Company, Inc. TSCA-HQ-2012-5021

Respondent.

FINAL ORDER

On August 2, 2012, the U.S. Environmental Protection Agency's Office of Civil

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

Chemalloy Company, Inc. (Chemalloy), alleging that Chemalloy had 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 $204,971. The Consolidated Rules of Practice, codified at 40 C.F.R. Part 22, govern this

administrative enforcement 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. On August 30, 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 $204,971 penalty from Chemalloy in resolution of the above-captioned matter.

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

Appeals Board shall issue a final order. 40 C.F.R. § 22.18(a)(3). Payment by respondent constituted

a waiver of respondent's right to contest the allegations and to appeal the order. Id. Therefore, the

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

complaint.

SO ORDERED.

ENVIRONMENTAL APPEALS BOARD

Dated: September 18, 2012

By: [signature]

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Final Order in the Matter of Chemalloy

Company, Inc., Docket No. TSCA-HQ-2012-5021, were sent to the following persons in the

manner indicated:

By Facsimile and Pouch Mail:

Dean B. Ziegel, 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) 564-4038
Fax No. (202) 564-0020

By First Class U.S. Mail:

Anthony Demos
President
Chemalloy Company, Inc.
996 Railroad Avenue
Bryn Mawr, PA 19010

Timothy J. Bergere, Esq.
Montgomery McCracken Walker & Rhoads LLP
123 South Broad Street, Avenue of the Arts
Philadelphia, PA 19109

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

Dated: September 19, 2012