Boston Design & Construction Co., Inc. (Board decision, April 10, 2018)

Plain-English summary

The Presiding Officer issued an Initial Decision and Default Order for Boston Design & Construction Co., Inc., on February 28, 2018. Neither party appealed. The Environmental Appeals Board declined to review the case on its own initiative. The Initial Decision and Default Order therefore became a final order on April 16, 2018, under 40 C.F.R. § 22.27(c). This order does not state the underlying violation or any penalty.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.27(c)(4), § 22.30(b), and § 22.27(c)
• Outcome: The Board declined sua sponte review, allowing the Initial Decision and Default Order to become final.
• Key point: When neither party appeals an Initial Decision and Default Order, the EAB may decline to review it on its own initiative and allow it to become final under the EPA's rules.

Full text (EPA EAB public release)

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

In re: )
) TSCA Appeal No. 18-(01)
Boston Design & Construction Co., Inc. )
)
TSCA-03-2015-0258 )

ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW

On February 28, 2018, the Presiding Officer issued an Initial Decision and Default Order.

Neither party appealed, and the Board is declining to review the case on its own initiative. See 40 C.F.R. §§ 22.27(c)(4) & 22.30(b). Accordingly, the Initial Decision and Default Order will become a final order on April 16, 2018, pursuant to 40 C.F.R. § 22.27(c).

So ordered.¹

ENVIRONMENTAL APPEALS BOARD

Dated: APR 10 2018

By: ________
Mary Kay Lynch
Environmental Appeals Judge

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

CERTIFICATE OF SERVICE

I certify that copies of the foregoing Order Declining to Exercise Sua Sponte Review in the matter of Boston Design & Construction Co., Inc., TSCA Appeal No. 18-(01), were sent to the following persons in the manner indicated:

By First Class Certified Mail/
Return Receipt Requested:

Rodham A. Boston, Jr., President
Boston Design & Construction Co., Inc.
611 Mason Ave.
Drexel Hill, PA 19026

By EPA Pouch Mail:

Janet E. Sharke
Senior Assistant Regional Counsel
U.S. EPA Region 3 (MC-3RC50)
1650 Arch Street
Philadelphia, PA 19103

Dated: APR 10 2018

Annette Duncan
Administrative Specialist