JX Nippon Chemical Texas Inc. (Board decision, February 28, 2017)

Plain-English summary

EPA alleged that JX Nippon Chemical Texas Inc. violated the Toxic Substances Control Act's chemical data reporting regulations. EPA's complaint sought a $350,000 penalty. JX Nippon paid the full amount by cashier's check, which waived its right to contest the allegations and appeal the Final Order. The Environmental Appeals Board resolved the matter.

Decision snapshot

• Cited authorities: 15 U.S.C. § 2607(a); 40 C.F.R. § 22.18(a), (a)(1)-(3)
• Outcome: The $350,000 penalty was paid in full, and the enforcement matter was resolved.
• Key point: Payment of the penalty proposed in an EPA complaint can resolve a Headquarters enforcement proceeding and waive the respondent's right to contest or appeal.

Full text (EPA EAB public release)

F I L E D

FEB 28 2017

Clerk, Environmental Appeals Board

INITIALS [illegible]

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

In re:

JX Nippon Chemical Texas Inc.

Docket No. TSCA-HQ-2017-5003

FINAL ORDER

On January 17, 2017, the U.S. Environmental Protection Agency’s Office of Civil Enforcement, Waste and Chemical Enforcement Division, filed a complaint against JX Nippon Chemical Texas Inc. (“JX Nippon”) alleging that JX Nippon had violated the chemical data reporting (“CDR”) regulations of section 8(a) of TSCA, 15 U.S.C. § 2607(a). The Complaint sought a penalty of $350,000.

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).

The record demonstrates that on February 17, 2017, EPA received a cashier’s check for the full amount of the penalty ($350,000) from JX Nippon to resolve the above-captioned matter. Payment by JX Nippon constitutes a waiver of JX Nippon’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

ENVIRONMENTAL APPEALS BOARD

Date: February 28, 2017

By: [signature]

Kathie A. Stein
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 Kay Lynch.

CERTIFICATE OF SERVICE

I certify that copies of the foregoing Final Order in the matter of JX Nippon Chemical Texas Inc., Docket No. TSCA-HQ-2017-5003 were sent to the following persons in the manner indicated:

By First Class Certified Mail/
Return Receipt Requested:

Mr. Dennis Cranfill

EHS Manager

JX Nippon Chemical Texas Inc.
10500 Bay Area Blvd.
Pasadena, TX 77507

By Interoffice Mail:

Mr. Mark Garvey

Attorney

Waste and Chemical Enforcement Division

Office of Civil Enforcement

U.S. Environmental Protection Agency

1200 Pennsylvania Avenue, NW (Mail Code 2249A)
Washington, DC 20460

FEB 28 2017

Dated: [handwritten date]

[signature]

Annette Duncan
Administrative Specialist