Aviall Services, Inc. (Board decision, April 28, 2015)

Plain-English summary

Aviall Services, Inc. faced an EPA Toxic Substances Control Act complaint alleging that it failed to comply with section 12(b) reporting requirements. The complaint proposed a $470,050 penalty. Aviall provided payment of the full amount, which waived its rights to contest the allegations and appeal the Final Order. The Environmental Appeals Board issued the Final Order under 40 C.F.R. § 22.18(a)(3) to resolve the matter civilly for the facts and violations alleged in the complaint.

Decision snapshot

• Cited authorities: 15 U.S.C. § 2614; 40 C.F.R. §§ 22.18(a) and 22.18(a)(3)
• Outcome: Aviall paid the proposed $470,050 penalty, and the Board issued a Final Order resolving the matter.
• Key point: Full payment of the proposed penalty resolved the enforcement proceeding and waived Aviall’s right to contest the allegations or appeal.

Full text (EPA EAB public release)

              BEFORE THE ENVIRONMENTAL APPEALS BOARD
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, DC

In re: )
)
)
Aviall Services, Inc. ) TSCA Appeal No. 15-02C
)
Dkt. No. TSCA-HQ-2015-5005 )
)

                                       FINAL ORDER

     On March 31, 2015, the U.S. Environmental Protection Agency’s Office of Civil

Enforcement, Waste and Chemical Enforcement Division (EPA), filed a complaint against Aviall Services, Inc., alleging that Aviall Services had failed to comply with the reporting requirements of section 12(b) of the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2614. The complaint proposed a penalty of $470,050.

     The 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. The rules further provide that upon payment in full of the penalty, in cases initiated at EPA Headquarters, the Environmental Appeals Board shall issue a final order. 40 C.F.R. § 22.18(a)(3).

     On April 16, 2015, EPA informed the Board that it had received a copy of the instrument

of payment for the full amount of the $470,050 penalty from Aviall Services in resolution of the March 31, 2015 complaint. Payment by Aviall Services constitutes waiver of Aviall Services’ 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

Dated: April 28, 2015 ENVIRONMENTAL APPEALS BOARD

                                           By: [illegible]
                                                       Kathie A. Stein
                                                 Environmental Appeals Board

¹
The two-member panel deciding this matter consists of Environmental Appeals Judges Leslye M. Fraser and Kathie A. Stein.

                                             2

                           CERTIFICATE OF SERVICE

    I hereby certify that copies of the foregoing FINAL ORDER in the matter of Aviall

Services, Inc., TSCA Appeal No. 15-02C, were sent to the following persons in the manner indicated:

By U.S. First Class Mail:

Robin Everly
General Counsel & V.P. Compliance
Aviall Services, Inc.
2750 Regent Blvd.
Dallas, TX 75261

By Pouch Mail:

Dean B. Ziegel
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

Dated: APR 28 2015
[illegible]
Annette Duncan
Secretary