Coyne Chemical Corporation (Board decision, July 26, 2016)

Plain-English summary

EPA alleged that Coyne Chemical Corporation violated the Toxic Substances Control Act reporting requirements and sought a $31,590 penalty. Coyne Chemical paid the penalty in full under EPA's quick-resolution procedure. The payment waived the company's rights to contest the allegations and appeal the Final Order, so the Environmental Appeals Board resolved the matter.

Decision snapshot

• Cited authorities: 15 U.S.C. § 2612; 40 C.F.R. § 707.20(b)(2)(i)-(ii); 40 C.F.R. § 22.18(a), (a)(1)-(3)
• Outcome: Coyne Chemical paid the $31,590 penalty, and the matter was resolved.
• Key point: Full payment of a proposed penalty under the quick-resolution rule waives the respondent's right to contest the allegations or appeal the Final Order.

Full text (EPA EAB public release)

F I L E D

JUL 26 2016

Clerk, Environmental Appeals Board
INITIALS [illegible]

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

In re:

Coyne Chemical Corporation
Croydon, Pennsylvania

Docket No. TSCA-HQ-2016-5013

FINAL ORDER

On July 13, 2016, the U.S. Environmental Protection Agency’s Office of Civil Enforcement, Waste and Chemical Enforcement Division, filed a complaint against Coyne Chemical Corporation (“Coyne Chemical”) alleging that Coyne Chemical had violated the reporting requirements of section 13 of the Toxic Substances Control Act (“TSCA”), 15 U.S.C.

§ 2612, and implementing regulations at 40 C.F.R. § 707.20(b)(2)(i)-(ii). The Complaint sought a penalty of $31,590.

EPA’s Consolidated Rules of Practice, 40 C.F.R. part 22, govern this administrative enforcement proceeding. Under 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 resolving the case. Id. § 22.18(a)(3).

On July 22, 2016, EPA’s Office of Enforcement and Compliance Assurance notified the Board that EPA had received full payment of the penalty ($31,590) from Coyne Chemical to resolve the above-captioned matter. Payment by Coyne Chemical constitutes a waiver of Coyne Chemical’s rights to contest the allegations in the Complaint and to appeal this Final Order. See

id. In accordance with 40 C.F.R. § 22.18(a)(3), the above-captioned matter is hereby RESOLVED.

So ordered.¹

ENVIRONMENTAL APPEALS BOARD

Dated: 7/26/2016

By: [signature]
Mary Beth Ward
Judge, Environmental Appeals Board

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 the foregoing Final Order in the matter of Coyne Chemical Corp., Docket No. TSCA-HQ-2016-5013, was filed and copies of the same were mailed to the parties as indicated below:

Via E-Mail and EPA Interoffice Mail:

Mark Seltzer, Attorney Advisor

Waste and Chemical Enforcement Division

Office of Civil Enforcement

Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, N.W. (Mail Code 2249A)
Washington, D.C. 20460

E-mail: [email protected]

Via U.S. Certified Mail:

Don Helwig, Chief Financial Officer
Coyne Chemical Corporation

3015 State Road

Croydon, Pennsylvania 19021

Dated: JUL 26 2016

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