Boulder Scientific Company (Board decision, April 30, 2014)

Plain-English summary

EPA alleged that Boulder Scientific Company violated sections of the Toxic Substances Control Act involving chemical reporting and enforcement requirements. The complaint sought a $14,450 civil penalty. Boulder Scientific paid the penalty in full, which waived its rights to contest the allegations and appeal the Final Order. The Environmental Appeals Board then issued the Final Order resolving the matter for the facts and violations alleged in the complaint.

Decision snapshot

• Cited authorities: 15 U.S.C. §§ 2607(a), 2611(b), and 2614(3)(B), and 40 C.F.R. § 22.18(a), including § 22.18(a)(1)-(3)
• Outcome: The $14,450 penalty was paid in full, and the Final Order resolved the matter.
• Key point: Under the quick-resolution procedure, full payment waived the respondent's rights to contest the complaint and appeal the Final Order.

Full text (EPA EAB public release)

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

                                            )

In re: )
)
Boulder Scientific Company, ) Docket No. TSCA-HQ-2014-5005
Respondent. )
)
)
)
________ )

                                    FINAL ORDER

   On March 20, 2014, the U.S. Environmental Protection Agency's (EPA's) Office of Civil

Enforcement, Waste and Chemical Enforcement Division, filed a complaint against Boulder

Scientific Company alleging that Boulder Scientific had violated sections 8(a), 12(b) and

15(3)(B) of the Toxic Substances Control Act, 15 U.S.C. §§ 2607(a), 2611(b), and 2614(3)(B).

   The Complaint sought a penalty of $14,450.


   EPA's Consolidated Rules of Practice, codified at 40 C.F.R. part 22, govern this

administrative enforcement proceeding. Pursuant to 40 C.F.R. 22.18(a), a respondent may opt

for a quick resolution of an enforcement proceeding at any time by paying the penalty proposed

in the complaint. See 40 C.F.R. §§ 22.18(a)(1) and (2). The rules further provide that upon

payment in full of the penalty, in cases initiated at EPA Headquarters, the Environmental

Appeals Board ("Board") shall issue a final order. 40 C.F.R. § 22.18(a)(3).

   On April 21, 2014, the Board received notification from EPA's Office of Enforcement

and Compliance Assurance that EPA has received full payment of the penalty ($14,450) from

Boulder Scientific to resolve the above-captioned matter. Payment by Boulder Scientific

constituted a waiver of Boulder Scientific's rights to contest the allegations in the Complaint and

to appeal this Final Order. See 40 C.F.R. § 22.18(a)(3). In accordance with 40 C.F.R.

§ 22.18(a)(3), the Board issues this Final Order resolving the above-captioned matter civilly for

the facts and violations alleged in the Complaint.

   So ordered.¹



                                          ______________________
                                          Randolph L. Hill
                                          Judge, Environmental Appeals Board


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

Judges Leslye M. Fraser, Randolph L. Hill, and Kathie A. Stein.

                            CERTIFICATE OF SERVICE

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

Scientific Company, Docket No. TSCA-HQ-2014-5005, 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:

       Scott Birmingham
       Chief Executive Officer
       Boulder Scientific Company
       P.O. Box 548
       Mead, CO 80542


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


       APR 30 2014

Dated: