BruggemannChemical, BruggemannChemical U.S., Inc. (Board decision, September 27, 2016)

Plain-English summary

EPA alleged that BruggemannChemical and BruggemannChemical U.S., Inc. failed to accurately report the weight of seven chemical substances they imported under the chemical data reporting regulations. The complaint sought a $109,599 penalty. EPA notified the Environmental Appeals Board that the companies had paid the penalty in full. The Board treated that payment as a waiver of the right to contest the allegations or appeal the Final Order and resolved the matter.

Decision snapshot

• Cited authorities: 15 U.S.C. § 2607(a); 40 C.F.R. § 711.15(b)(3)(iii); 40 C.F.R. § 22.18(a), (a)(1)-(3)
• Outcome: The matter was resolved after payment of the full $109,599 penalty.
• Key point: Full payment of the penalty under 40 C.F.R. § 22.18(a)(3) resolved the matter and waived the respondent's right to contest the complaint or appeal the Final Order.

Full text (EPA EAB public release)

F I L E D

SEP 27 2016

Clerk, Environmental Appeals Board

INITIALS [illegible]

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

In re: BruggemannChemical;
BruggemannChemical U.S., Inc.
18 Campus Blvd., Suite 100
Newtown Square, PA 19073

Respondent

Docket No. TSCA-HQ-2016-5014

FINAL ORDER

On August 18, 2016, the U.S. Environmental Protection Agency's ("EPA's") Office of Civil Enforcement, Waste and Chemical Enforcement Division, filed a complaint against BruggemannChemical; BruggemannChemical U.S., Inc. ("Bruggemann") alleging that Bruggemann had violated the chemical data reporting regulations promulgated pursuant to section 8(a) of Toxic Substances Control Act, 15 U.S.C. § 2607(a). Specifically, the Waste and Chemical Enforcement Division claimed that Bruggemann had failed to accurately report the weight of seven different chemical substances it imported. See 40 C.F.R. § 711.15(b)(3)(iii). The Complaint sought a penalty of $109,599.

EPA's 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. See 40 C.F.R. §§ 22.18(a)(1) and (2). The rules further provide that upon payment in full of the penalty, in cases initiated at EPA Headquarters, the Environmental Appeals Board ("Board") must issue a final order. 40 C.F.R. § 22.18(a)(3).

On September 15, 2016, EPA's Office of Enforcement and Compliance Assurance notified the Board that EPA has received full payment of the penalty ($109,599) from Bruggemann to resolve the above-captioned matter. Payment by Bruggemann constituted a waiver of Bruggemann's right 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 above- captioned matter is hereby RESOLVED.

So ordered.¹

Date: 09/27/16

ENVIRONMENTAL APPEALS BOARD

By: [signature]

Aaron P. Avila
Environmental Appeals Judge

¹ The three-member panel deciding this matter is composed of Environmental Appeals Judges Aaron P. Avila, Kathie A. Stein, and Mary Beth Ward.

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing FINAL ORDER in the matter of BruggemannChemical; BruggemannChemical U.S., Inc., Docket No. TSCA-HQ-2016-5014, were sent to the following persons in the manner indicated:

By U.S. First Class Mail:

Mr. Edward McDade III
President
BruggemannChemical
BruggemannChemical, U.S., Inc.
18 Campus Blvd., Suite 100
Newtown Square, PA 19073

By Inter-office Mail:

Geraldine Gardner
Mail Code: 2249A
Waste and Chemical Enforcement Division
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Washington, DC 20460

Dated: SEP 27 2016

[signature]

Annette Duncan
Secretary