Tri-iso TryLine, LLC f/k/a The TryLine Group, LLC (Board decision, March 22, 2017)

Plain-English summary

EPA alleged that Tri-iso TryLine, LLC, formerly known as The TryLine Group, LLC, violated the Toxic Substances Control Act’s chemical data reporting requirements. EPA’s complaint sought a $163,744 penalty. Tri-iso paid the penalty in full, which waived its right to contest the allegations and appeal the Final Order. The Environmental Appeals Board resolved the matter under 40 C.F.R. § 22.18(a)(3).

Decision snapshot

• Cited authorities: 15 U.S.C. § 2607(a); 40 C.F.R. § 22.18(a), (a)(1)-(3)
• Outcome: The $163,744 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
MAR 22 2017
Clerk, Environmental Appeals Board
INITIALS [illegible]

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

In re:

Tri-iso TryLine, LLC
f/k/a The TryLine Group, LLC
Bellevue, WA 98005

Docket No. TSCA-HQ-2017-5001

FINAL ORDER

On February 13, 2017, the U.S. Environmental Protection Agency’s (EPA’s) Office of Civil Enforcement, Waste and Chemical Enforcement Division, filed a complaint against Tri-iso TryLine, LLC f/k/a The TryLine Group, LLC (“Tri-iso”), alleging that Tri-iso had violated the chemical data reporting requirements of section 8(a) of the Toxic Substances Control Act. 15 U.S.C. § 2607(a). The Complaint sought a penalty of $163,744.

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 March 21, 2017, EPA’s Office of Enforcement and Compliance Assurance notified the Board that EPA has received full payment of the penalty ($163,744) from Tri-iso to resolve the above-captioned matter. Payment by Tri-iso constituted a waiver of Tri-iso’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

Dated: MAR 22 2017

By: Aaron P. Avila
Aaron P. Avila
Environmental Appeals Judge

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

CERTIFICATE OF SERVICE

I certify that copies of the forgoing Final Order in the matter of Tri-iso TryLine, LLC f/k/a The TryLine Group, LLC, Docket No. TSCA-HQ-2017-5001, were sent to the following persons in the manner indicated:

By Certified Mail, Return Receipt Requested:

Mr. David Bruck, Chairman and CEO

Tri-iso TryLine, LLC

365 118th Ave., SE, Suite 100

Bellevue, WA 98005

By Interoffice Mail:

Geraldine Gardner
Office of Enforcement and Compliance Assurance
Waste and Chemical Enforcement Division (MC-2249A)

Dated: MAR 22 2017

Annette Duncan
Administrative Specialist