Infineum USA L.P. (Board decision, November 5, 2014)

Plain-English summary

EPA and Infineum USA L.P. signed a Consent Agreement resolving the Toxic Substances Control Act matter. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it. Infineum was ordered to comply with all of the agreement’s terms and assessed a civil penalty of $36,473.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b)-(c)
• Outcome: The Consent Agreement was incorporated and ratified, and Infineum was ordered to pay a $36,473 civil penalty.
• Key point: Ratification made the Consent Agreement an immediately effective Final Order.

Full text (EPA EAB public release)

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

In re:

                                                 )
                                                 )
                                                 )

Infineum USA L.P., ) Docket No. TSCA-HQ-2015-5001
)
Respondent )
)
)

                                  FINAL ORDER

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

Environmental Protection Agency as Complainant, and Infineum USA L.P., as Respondent, have signed and consented to entry of the attached Consent Agreement resolving this matter. The Consent Agreement 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. The Respondent is assessed a civil penalty of Thirty Six Thousand Four Hundred and Seventy Three Dollars ($36,473), and shall make payment in accordance with the provisions set forth in the Consent Agreement.

      So ordered. 1


                                               Kathie A. Stein
                                      Judge, Environmental Appeals Board


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

Judges Stein, Fraser, and Hill.

                            CERTIFICATE OF SERVICE

   I certify that the foregoing "Consent Agreement" and "Final Order," in the Matter of

Infineum USA L.P., Docket No. TSCA-HQ-2015-5001, were filed and copies of the same were mailed to the parties as indicated below:

Via Interoffice Mail:

Dean B. Ziegel, Esq.
Waste and Chemical Enforcement Division
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
(202) 564-4038

Via U.S. Certified Mail:

Thomas B. Johnston, Esq., Counsel for Respondent
McKenna, Long & Aldridge, L.L.P.
1900 K Street NW
Washington, DC 20006
(202) 496-7656

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