OMG Americas, Inc. Westlake, Ohio (Board decision, September 3, 2015)

Plain-English summary

OMG Americas, Inc. Westlake, Ohio resolved an EPA Toxic Substances Control Act matter through a Consent Agreement. The Environmental Appeals Board incorporated the agreement by reference into its Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board ordered the respondent to comply with all terms of the Consent Agreement effective immediately. The two-page Final Order does not describe the underlying violations or state a penalty amount.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b)-(c)
• Outcome: The Consent Agreement was incorporated by reference and ratified, and OMG Americas, Inc. Westlake, Ohio was ordered to comply with its terms immediately.
• Key point: Ratification made the Consent Agreement an immediately binding Final Order.

Full text (EPA EAB public release)

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

                             )

In re: )
) Docket No. TSCA-HQ-2015-5006
OMG Americas, Inc. Westlake, Ohio )
)
)
-------------------------------)

                                   FINAL ORDER

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

attached Consent Agreement resolving this matter 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.

     So ordered.

                                                ENVIRONMENTAL APPEALS BOARD¹

Dated: 9/3/2015 By: [illegible]
Kathie A. Stein
Environmental Appeals Judge

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

Judges Mary Kay Lynch, Kathie A. Stein, and Mary Beth Ward.

                           CERTIFICATE OF SERVICE

I certify that copies of the foregoing “Consent Agreement” and “Final Order,” in the matter of
OMG Americas, Inc. Westlake, Ohio, Docket No. TSCA-HQ-2015-5006, were filed and copies
of the same were sent to the following persons in the manner indicated:

By First Class Certified Mail/
Return Receipt Requested:

Allen A. Kacenjar
Squire Patton Boggs LLP
4900 Key Tower
127 Public Square
Cleveland, OH 44114
Counsel for OMG Americas, Inc.

By Interoffice Mail:

Mark Garvey
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Mail Code [XXXX]
Washington, DC 20460

        SEP - 3 2015

                                              [illegible]                Secretary