James Ikegwu and Martha Ikegwu (Board decision, August 14, 2014)

Plain-English summary

The Environmental Appeals Board had elected sua sponte review because of concerns about service of a Regional Judicial Officer's Default Order against James and Martha Ikegwu under the Toxic Substances Control Act. EPA Region 3 reported that the Regional Hearing Clerk used UPS to attempt service at four addresses associated with the respondents. After reviewing the record, the Board vacated its order electing sua sponte review. The underlying Default Order was to become a final order 45 days after service of this order. This order does not state a penalty amount.

Decision snapshot

• Cited authorities: 15 U.S.C. § 2615(a); 40 C.F.R. § 22.27(c).
• Outcome: Order electing sua sponte review vacated, with the underlying Default Order set to become final after the applicable 45-day period.
• Key point: The EAB may end its sua sponte review process and allow an underlying default order to become final after service.

Full text (EPA EAB public release)

BEFORE THE ENVIRONMENTAL APPEALS BOARD

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.
AUG 14 2014
Clerk, Environmental Appeals Board
INITIALS [illegible]
In re: )
James Ikegwu and Martha Ikegwu ) TSCA Appeal No. 14-01
6409 Maple Ave. )
Baltimore )
)
Docket No. TSCA-03-2011-0217 )

ORDER VACATING ORDER ELECTING SUA SPONTE REVIEW

On May 25, 2014, the Environmental Appeals Board (“Board”) issued an order electing to exercise sua sponte review in the above-captioned matter. The Order noted concerns the Regional Hearing Clerk raised about service of the Initial Decision and Default Order (“Default Order”) the Regional Judicial Officer (“RJO”) for U.S. EPA Region 3 (“Region”) issued against James and Martha Ikegwu (“Respondents”) for alleged violations of section 409 of the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2615(a). Order Electing to Exercise Sua Sponte Review (May 25, 2014). As a result, the Board gave the Regional Hearing Clerk an opportunity to re-serve the Default Order on Respondents.

On July 2, 2014, the Region filed a status report noting the Regional Hearing Clerk’s efforts to re-serve the Default Order. Complainant’s Status Report Regarding Service of Default Order (July 2, 2014). The Regional Hearing Clerk utilized the United Parcel Service (UPS) to effectuate service. According to the status report, UPS attempted delivery of the Default Order at four of the addresses associated with Respondents, including their last known residence. Id. at 3.

The Board has examined the Default Order and other documents in the record of this case and has decided to vacate its order electing to exercise sua sponte review. Accordingly, and pursuant to 40 C.F.R. § 22.27(c), the Default Order will become a final order 45 days after service of this order.

So ordered.

Dated: [illegible] ENVIRONMENTAL APPEALS BOARD

                                         By: [illegible]

                                                        Kathie A. Stein

The three-member panel deciding this matter is comprised of Environmental Appeals Judges Randolph L. Hill, Catherine R. McCabe, and Kathie A. Stein. See 40 C.F.R. § 1.25(e)(1).

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Vacating Order Electing to Exercise Sua Sponte Review, in the matter of James Ikegwu and Martha Ikegwu, TSCA Appeal No. 14- 01, were sent to the following persons in the manner indicated:

By First Class Mail Certified Mail/Return Receipt Requested:

James Ikegwu and Martha Ikegwu
6409 Maple Avenue
Gwynn Oak,
Baltimore, MD 21207

Dr. James Ikegwu LPC
650 Pennsylvania Ave.
Suite C-120
Washington DC 20003

James Ikegwu and Martha Ikegwu
601 Dumbarton Ave.
Baltimore, MD 21218-1229

James Ikegwu and Martha Ikegwu
5800 Greenhill Ave.
Baltimore, MD 21216

By Pouch Mail:

Rodney Travis Carter
Senior Assistant Regional Counsel
U.S. EPA Region 3 (MC 3RC50)
1650 Arch Street
Philadelphia, PA 19103-2029

Lydia Guy
Regional Hearing Clerk
U.S. EPA Region 3 (MC 3RC00)
1650 Arch Street
Philadelphia, PA 19103-2029

Dated: AUG 14 2014

Annette Duncan
Secretary