American International Chemical (Board decision, February 11, 2016)

Plain-English summary

American International Chemical entered a Consent Agreement with EPA in a Toxic Substances Control Act penalty matter. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under the Consolidated Rules of Practice. The respondent was ordered to comply with every term of the Consent Agreement immediately.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b)-(c)
• Outcome: The Consent Agreement was incorporated and ratified, and the respondent 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

FEB 11 2016

Clerk, Environmental Appeals Board
INITIALS [illegible]

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

In re:

American International Chemical
Framingham, MA 01701

Respondent

Docket No. TSCA-HQ-2016-5002

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

[signature]
Kathie A. Stein
Judge, Environmental Appeals Board

¹ The three-member panel ratifying this matter is composed of Mary Kay Lynch, Kathie A. Stein, and Mary Beth Ward.

CERTIFICATE OF SERVICE

I certify that the foregoing “Consent Agreement” and “Final Order,” in the Matter of American International Chemical, Docket No. TSCA-HQ-2016-5002, were filed and copies of the same were mailed to the parties as indicated below:

Via Interoffice Mail:

Susan Shinkman, Director
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW (Mail Code 2241A)
Washington, DC 20460

Tony R. Ellis
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW (Mail Code 2248A)
Washington, DC 20460

Via U.S. Certified Mail:

Mark Robertson
Executive VP Marketing
American International Chemical
135 Newbury Street
Framingham, MA 01701

Lynn Bergeson
Bergeson & Campbell, P.C.
2200 Pennsylvania Ave., N.W. Suite 100W
Washington, DC 20037

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

Dated: FEB 11 2016