R.E. Carroll, Inc. (Board decision, November 5, 2015)

Plain-English summary

R.E. Carroll, Inc. resolved an EPA 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 R.E. Carroll, Inc. to comply with all terms of the Consent Agreement effective immediately. The two-page Final Order does not state the underlying violation or any 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 R.E. Carroll, Inc. 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)

                                                                              F I L E D
                                                                                  NOV 5 2015
                   ENVIRONMENTAL APPEALS BOARD
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, D.C.                    Clerk, Environmental Appeals Board
                                                              INITIALS [illegible]

               )
               )

In re: ) Docket No. TSCA-HQ-2015-5008
)
R.E. Carroll, Inc. )
)
)

                                    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.1


                                                ENVIRONMENTAL APPEALS BOARD

Dated: NOV 5, 2015 By: [illegible]
Kathie A. Stein
Environmental Appeals Judge

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

Judges Kathie A. Stein, Leslye M. Fraser, and Mary Beth Ward.
 CERTIFICATE OF SERVICE

   I certify that copies of the foregoing “Consent Agreement” and “Final Order” in the

matter of R.E. Carroll, Inc., Docket No. TSCA-HQ-2015-5008, 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:

Cressinda D. Schlag, Esq.
Burns White LLC
Four Northshore Center
106 Isabella Street
Pittsburgh, PA 15212
Counsel for R.E. Carroll, Inc.

By Interoffice Mail:
Mark Garvey, Esq.
Waste and Chemical Enforcement Division
Office of Civil Enforcement
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Mail Code 2249A
Washington, DC 20460

Dated: [illegible]
Annette Duncan
Secretary