TRInternational, Inc. (Board decision, August 28, 2017)

Plain-English summary

EPA's Office of Civil Enforcement filed a complaint alleging that TRInternational, Inc. violated the chemical data reporting regulations of TSCA section 8(a). The complaint sought a $10,000 penalty. TRInternational paid the full penalty by wire transfer on August 17, 2017. The payment waived the company's rights to contest the allegations and appeal the Final Order, and the Board resolved the matter.

Decision snapshot

• Cited authorities: 15 U.S.C. § 2607(a); 40 C.F.R. §§ 22.18(a), 22.18(a)(1)-(2), and 22.18(a)(3)
• Outcome: The $10,000 penalty was paid in full, and the enforcement matter was resolved.
• Key point: A respondent may resolve a Headquarters enforcement proceeding by paying the penalty proposed in the complaint, waiving the right to contest the allegations or appeal.

Full text (EPA EAB public release)

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

In re:

TRInternational, Inc. ) Docket No. TSCA-HQ-2017-5002
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)
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                     FINAL ORDER

On August 9, 2017, the U.S. Environmental Protection Agency's Office of Civil Enforcement, Waste and Chemical Enforcement Division, filed a Complaint against TRInternational, Inc. ("TRI") alleging that TRI had violated the chemical data reporting regulations of section 8(a) of TSCA, 15 U.S.C. § 2607(a). The Complaint sought a penalty of
$10,000.

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 must issue a final order. 40 C.F.R. § 22.18(a)(3).

The record demonstrates that on August 17, 2017, TRI paid the full penalty amount ($10,000) to the Environmental Protection Agency by means of wire transfer to resolve the above-captioned matter. Payment by TRI constitutes a waiver of TRI's rights 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: August 28, 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 foregoing Final Order in the matter of TRInternational, Inc., Docket No. TSCA-HQ-2017-5002, were sent to the following persons in the manner indicated:

By First Class Certified Mail/
Return Receipt Requested:

Ms. Megan E. Gluth-Bohan, Esq.
TRInternational, Inc.
600 Stewart Street, Suite 1801
Seattle, WA 98101

By Interoffice Mail:

Deniz Ergener
Attorney
Waste and Chemical Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (Mail Code 2272A)
Washington, DC 20460

Dated: August 28, 2017 Annette Duncan
Administrative Specialist