Wilhelmsen Ships Services (Board decision, September 13, 2017)

Plain-English summary

Wilhelmsen Ships Services resolved a Toxic Substances Control Act enforcement matter through a Consent Agreement with EPA. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board ordered the respondent to comply with every term of the Consent Agreement, effective immediately. The order itself does not state the alleged violation or any penalty amount.

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.
• Key point: An EAB Final Order can make a Consent Agreement resolving a Headquarters enforcement matter binding on the respondent.

Full text (EPA EAB public release)

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

In re: )
)
Wilhelmsen Ships Services ) Docket No. TSCA-HQ-2017-5006
)
Respondent )
)

                     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

Dated: September 13, 2017 By: Mary Beth Ward
Mary Beth Ward
Judge, Environmental Appeals Board

¹ The three-member panel ratifying this matter is composed of Environmental Appeals Judges Aaron P. Avila, Mary Kay Lynch, and Mary Beth Ward.

                     CERTIFICATE OF SERVICE

I certify that the foregoing “Consent Agreement” and “Final Order,” in the Matter of Wilhelmsen Ships Services, Docket No. TSCA-HQ-2017-5006, were filed and copies of the same were mailed to the parties as indicated below:

Via Interoffice Mail:

Tony R. Ellis (Case Development Officer)

U.S. Environmental Protection Agency

Office of Civil Enforcement

Waste and Chemical Enforcement Division (Mail Code 2249A) 1200 Penn. Ave., NW

Washington, DC 20460

Mark Seltzer, Esq.

U.S. Environmental Protection Agency

Office of Civil Enforcement

Waste and Chemical Enforcement Division (Mail Code 2249A) 1200 Penn. Ave., NW

Washington, DC 20460

Mark Seltzer, Attorney Advisor

Via U.S. Certified Mail:

Marian E. Ladner
Ladner & Associates PC
420 Heights Boulevard
Houston, Texas 77007

Tim Ryan

Area Operations Director – Americas
Wilhelmsen Ships Services

9400 New Century Drive

Pasadena, TX 77507

Dated: September 13, 2017 Annette Duncan
Administrative Specialist