Magnolia Waco Properties, LLC d/b/a Magnolia Homes (Board decision, June 4, 2018)

Plain-English summary

The EPA EAB order concerns Magnolia Waco Properties, LLC, doing business as Magnolia Homes. The two-page release does not describe the underlying alleged violation or the specific obligations in the incorporated Consent Agreement. The Board incorporated the Consent Agreement into its Final Order and ratified it under EPA's Consolidated Rules of Practice and section 16(a) of the Toxic Substances Control Act. Magnolia Waco Properties was ordered to comply with every term of the agreement effective immediately. The release does not state a penalty amount.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b), § 22.18(c), and 15 U.S.C. § 2615(a)
• Outcome: The Consent Agreement was ratified, and Magnolia Waco Properties was ordered to comply with its terms immediately.
• Key point: An EAB Final Order can incorporate and ratify a TSCA Consent Agreement and make compliance effective immediately.

Full text (EPA EAB public release)

F I L E D
Jun 04 2018

Clerk, Environmental Appeals Board

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

In re:
Magnolia Waco Properties, LLC d/b/a
Magnolia Homes

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Docket No. TSCA-HQ-2018-5004

FINAL ORDER
Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice, and section 16(a) of the Toxic Substances Control Act, 15 U.S.C. § 2615(a), 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: _6/4/2018_

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Mary Kay Lynch
Environmental Appeals Judge

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 Magnolia Waco Properties, LLC d/b/a Magnolia Homes, Docket No. TSCA-HQ-20185004, were sent to the following persons in the manner indicated:

By E-mail:
For Respondent Magnolia Waco Properties, LLC d/b/a Magnolia Homes: Joshua Frank, Esq. Thomas Jackson, Esq. Baker Botts L.L.P. The Warner 1299 Pennsylvania Ave., NW Washington, DC 20004 Email: [email protected]; [email protected] For U.S. Environmental Protection Agency: Rosemarie Kelley, Director Amos Presler Office of Civil Enforcement Office of Enforcement and Compliance Assurance U.S. Environmental Protection Agency 1200 Pennsylvania Ave., NW Mail Code 2247A Washington, DC 20460 Email: [email protected]; [email protected]

Raymond C. Bosch
Britt Bieri
Office of Regional Counsel
U.S. Environmental Protection Agency
Region 7
11201 Renner Boulevard
Lenexa, KS 66219
Email: [email protected];
[email protected]

Headquarters Hearing Clerk
Office of Administrative Law Judges
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Mail Code 1900R
Washington, DC 20460
Email: [email protected];
[email protected]

Jun 04 2018
Dated: ________

Annette Duncan
Administrative Specialist