The Lincoln Electric Company (Board decision, April 11, 2013)

Plain-English summary

The Lincoln Electric Company was the respondent in a Toxic Substances Control Act matter before the Environmental Appeals Board. The Board incorporated the attached Consent Agreement into its Final Order by reference and ratified it. The Board ordered Lincoln Electric to comply with all terms of the Consent Agreement effective immediately. The released Final Order does not reproduce the agreement or state its underlying terms.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b)-(c)
• Outcome: The attached Consent Agreement was ratified, and the respondent was ordered to comply with its terms immediately.
• Key point: The Board made the Consent Agreement effective through a Final Order.

Full text (EPA EAB public release)

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

In re: )
)
)
The Lincoln Electric Company ) Docket No. TSCA-HQ-2013-5005
Cleveland, OH )
)
)

                                    FINAL ORDER

   Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA's Consolidated Rules of Practice, the

attached Consent Agreement resolving this matter is incorporated by reference into this Final
Order and is hereby ratified.

    The Respondent is ORDERED to comply with all terms of the Consent Agreement,

effective immediately.

      So ordered.¹

Date: April 11, 2013 [signature], Catherine R. McCabe
Judge, Environmental Appeals Board

    ¹ The three-member panel ratifying this matter is composed of Environmental Appeals

Judges Catherine R. McCabe, Leslye M. Fraser, and Kathie A. Stein.

                           CERTIFICATE OF SERVICE

    I hereby certify that copies of the foregoing Final Order in the Matter of: The Lincoln

Electric Company, Docket No. TSCA-HQ-2013-5005, were sent to the following persons in the
manner indicated:

By Pouch Mail:

                  Morgan Rog
                  Waste and Chemical Enforcement Division (Mail Code 2249A)
                  Office of Civil Enforcement
                  U.S. Environmental Protection Agency
                  1200 Pennsylvania Avenue, N.W.
                  Washington, D.C. 20460
                  (202) 564-7109

By First Class U.S. Mail:

                  John Petkovsek, Director, EHS
                  Lincoln Electric Holdings, Inc.
                  22801 St. Clair Ave.
                  Cleveland, OH 44117

                  David Nash
                  McMahon DeGulis LLP
                  The Caxton Building, Suite 650
                  812 Huron Road
                  Cleveland, OH 44115


                                              [signature]

Annette Duncan, Secretary
Environmental Appeals Board (Mail Code 1103B)
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20460-0001

                                              APR 11 2013