Titanium Metals Corporation (Board decision, October 31, 2013)

Plain-English summary

EPA alleged that Titanium Metals Corporation violated section 8(a) of the Toxic Substances Control Act in a complaint filed by EPA's Office of Civil Enforcement. The complaint proposed a $23,018 civil penalty. Titanium Metals paid the full proposed amount under the quick-resolution procedure in 40 C.F.R. § 22.18(a), which waived its right to contest the allegations and appeal the Final Order. 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); 40 C.F.R. § 22.18(a) and § 22.18(a)(3)
• Outcome: The matter was resolved after payment of the full proposed $23,018 civil penalty.
• Key point: Paying the full penalty proposed in the complaint under 40 C.F.R. § 22.18(a) resolves the matter and waives the respondent's right to contest the allegations or appeal the Final Order.

Full text (EPA EAB public release)

BEFORE THE ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.
OCT 3 1 2013
In re:
Titanium Metals Corporation
Henderson, Nevada
Respondent

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Clerk, Environmental Appeals Board
INITIALS

Docket No. TSCA-HQ-2013-0510

FINAL ORDER
On September 30, 2013, the U.S. Environmental Protection Agency's Office of Civil Enforcement, Waste and Chemical Enforcement Division ("EPA"), filed a complaint against Titanium Metals Corporation ("TIMET"), alleging that TIMET had violated section 8(a) of the Toxic Substances Control Act, 15 U.S.C. § 2607(a). The complaint proposed a civil penalty of
$23,018.
The Consolidated Rules of Practice ("CROP"), codified at 40 C.F.R. Part 22 govern this proceeding. Section 22.18(a) of the CROP 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 October 29, 2013, EPA informed the Environmental Appeals Board ("Board") that it had received a copy of the instrument of payment for the full amount of the proposed $23,018 penalty from TIMET 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 TIMET constituted a waiver of TIMET's right to contest the allegations in the complaint and to appeal this Final Order. Id.

Therefore, the above-captioned matter is hereby RESOLVED civilly for the violations and facts alleged in the complaint. So ordered.

Leslye M. Fraser
Environmental Appeals Judge

CERTIFICATE OF SERVICE
I certify that the foregoing Final Order in the Matter of Titanium Metals Corporation, Henderson, Nevada, Docket No. TSCA-HQ-2013-5010, were filed and copies of the same were mailed to the parties as indicated below:

Via Interoffice Mail:
Morgan Rog
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW (Mail Code 2249A)
Washington, DC 20460

Via U.S. Certified Mail:
Bruce Graff, General manager
Titanium Metals Corporation
P.O. Box 2128
Henderson, NV 89009
Geoffrey B. Tichenor
Stoel Rives LLP
900 SW Fifth Ave., Suite 2600
Portland, OR 97204

[illegible signature]

OCT 3 1 2013
Dated:----------------

Annette Duncan, Secretary
U.S. Environmental Protection Agency
Environmental Appeals Board