The Chemical Company (Board decision, October 17, 2017)

Plain-English summary

The Chemical Company entered into a Consent Agreement with EPA to resolve a TSCA enforcement matter. 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 company to comply with every term of the agreement, effective immediately. The order itself does not state the alleged violation or the 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)

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

In re: )

The Chemical Company ) Docket No. TSCA-HQ-2017-5008

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

                                                   ENVIRONMENTAL APPEALS BOARD

Dated: October 17, 2017 By: Mary Kay Lynch
Mary Kay Lynch
Environmental Appeals Judge

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

                     CERTIFICATE OF SERVICE

I certify that copies of the foregoing "Consent Agreement" and "Final Order" in the matter of The Chemical Company, Docket No. TSCA-HQ-2017-5008, were filed and copies of the same were sent to the following persons in the manner indicated:

By First Class Certified U.S. Postal Service Mail, Return Receipt Requested:

Robert N. Roach, Jr.
Chief Executive Officer
The Chemical Company
44 Southwest Avenue
Jamestown, Rhode Island 02835

Michael Boucher, Esq.
Dentons U.S. LLP
1900 K Street, N.W.
Washington, D.C. 20006-1102

By U.S. EPA Interoffice Mail:

Carolyn Bernota
OECA Waste & Chemical Enforcement Division
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Mail Code 2249A
Washington, D.C. 20460

Dated: OCT 17 2017
Annette Duncan
Administrative Specialist