Bedoukian Research, Inc. (Board decision, July 17, 2014)

Plain-English summary

EPA alleged that Bedoukian Research, Inc. violated section 12(b) of the Toxic Substances Control Act and 40 C.F.R. § 707.60. The complaint sought a $17,000 civil penalty. Bedoukian paid the full penalty under EPA's quick-resolution rule, which waived its rights to contest the allegations and appeal the Final Order. The EAB issued a Final Order resolving the matter civilly for the facts and violations alleged in the complaint.

Decision snapshot

• Cited authorities: 15 U.S.C. § 2611(b); 40 C.F.R. §§ 22.18 and 707.60.
• Outcome: $17,000 penalty paid, rights to contest and appeal waived, and Final Order issued.
• Key point: Full payment of a complaint's proposed penalty can resolve an EPA Headquarters enforcement matter under 40 C.F.R. § 22.18(a).

Full text (EPA EAB public release)

BEFORE THE ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.

)
In re: )
Bedoukian Research, Inc. Docket No. TSCA 14-02C
Danbury, Connecticut )
Respondent. )
)
TSCA-HQ-2014-5008 )

FINAL ORDER

On June 6, 2014, the U.S. Environmental Protection Agency’s (“EPA”) Office of Civil Enforcement, Waste and Chemical Enforcement Division, filed a complaint against Bedoukian Research, Inc. (“BRI”) alleging that BRI violated section 12(b) of the Toxic Substances Control Act, 15 U.S.C. §§ 2611(b) and the regulations set forth at 40 C.F.R. § 707.60. The Complaint sought a penalty of $17,000.

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)-(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 July 9, 2014, the Board received notification from EPA’s Office of Enforcement and Compliance Assurance that EPA has received full payment of the penalty ($17,000) from BRI to resolve the above-captioned matter. BRI’s payment constitutes a waiver of BRI’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.

Date: JUL 17 2014
ENVIRONMENTAL APPEALS BOARD

By: [illegible]
Randolph L. Hill
Judge, Environmental Appeals Board

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 Bedoukian Research, Inc, Docket No. TSCA-HQ-2014-5008, were sent to the following persons in the manner indicated:

By Pouch Mail:

Morgan Rog, 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) 564-7109

By First Class U.S. Mail:

Joseph Bania
Regulatory Affairs Manager
Bedoukian Research, Inc.
21 Finance Drive
Danbury, CT 06810

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

JUL 17 2014