Vanderbilt Minerals, LLC (Board decision, January 8, 2015)

Plain-English summary

EPA's Office of Civil Enforcement alleged that Vanderbilt Minerals, LLC violated sections 5(e), 12(b), and 13 of the Toxic Substances Control Act. The complaint sought a $131,188 penalty. Vanderbilt paid the full amount before the EAB issued its Final Order, which resolved the matter civilly and waived the company's rights to contest the allegations and appeal. The order does not adjudicate the alleged violations.

Decision snapshot

• Cited authorities: 15 U.S.C. §§ 2604(e), 2611(b), 2612; 40 C.F.R. § 22.18(a)(1)-(3)
• Outcome: Vanderbilt paid the full $131,188 penalty, and the EAB issued a final order resolving the matter.
• Key point: Under the EPA's quick-resolution procedure, full payment of the proposed penalty can result in a final EAB order without adjudication.

Full text (EPA EAB public release)

F I L E D
JANUARY 8, 2015
Clerk, Environmental Appeals Board
INITIALS [illegible]

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

                                   )

In re: )
)
Vanderbilt Minerals, LLC ) TSCA Appeal No. 14-04C
Norwalk, Connecticut )
)
Dkt. No. TSCA-HQ-2015-5004 )

                                       FINAL ORDER

      On December 11, 2014, the U.S. Environmental Protection Agency's Office of Civil

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

Minerals, LLC, alleging that Vanderbilt Minerals violated sections 5(e), 12(b), and 13 of the

Toxic Substances Control Act, 15 U.S.C. §§ 2604(e), 2611(b), and 2612. The complaint sought

a penalty of $131,188.

      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 December 23, 2014, the Board received notification from EPA's Office of

Enforcement and Compliance Assurance that EPA had received full payment of the penalty

($131,188) from Vanderbilt Minerals to resolve the above-captioned matter. Payment by
Vanderbilt Minerals constitutes a waiver of Vanderbilt Minerals' 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                      ENVIRONMENTAL APPEALS BOARD

Date: JANUARY 8, 2015
[signature]
Randolph L. Hill
Environmental Appeals Judge

    1
    The two-member panel deciding this matter consists of Environmental Appeals Judges

Leslye M. Fraser and Randolph L. Hill.

                            CERTIFICATE OF SERVICE

  I hereby certify that copies of the foregoing Final Order in In re Vanderbilt Minerals,

LLC, TSCA Appeal No. 14-04C, were sent to the following persons in the manners indicated:

By First Class U.S. Mail, Return Receipt Requested:

Randall Johnson, President
Vanderbilt Minerals, LLC
30 Winfield Street
Norwalk, Connecticut 06855

David H. Quigley, Esq.
Charles L. Franklin, Esq.
Akin Gump Strauss Hauer & Feld LLP
1333 New Hampshire Avenue, N.W.
Washington, D.C. 20036-1564

By Facsimile and EPA Pouch Mail:

Geraldine Gardner, Esq.
Office of Civil Enforcement
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W. (Mail Code 2249A)
Washington, D.C. 20460
telephone: 202-564-4032
facsimile: 202-564-0019

Date: JANUARY 8, 2015
[signature]
Annette Duncan, Secretary