Kopin Display Corporation (Board decision, January 11, 2018)

Plain-English summary

EPA alleged that Kopin Display Corporation violated the prohibited acts provision in section 15(2) of the Toxic Substances Control Act. EPA's amended complaint sought a $47,073 penalty. Kopin paid the full penalty, waiving its rights to contest the allegations and appeal the Final Order. The Environmental Appeals Board then resolved the matter under the EPA rules cited in the order.

Decision snapshot

• Cited authorities: TSCA section 15(2), 15 U.S.C. § 2614(2), and 40 C.F.R. § 22.18(a)
• Outcome: Kopin paid the full $47,073 penalty, and the matter was resolved.
• Key point: Full payment of a penalty proposed in an EPA complaint can resolve a Headquarters enforcement proceeding and waive contest and appeal rights.

Full text (EPA EAB public release)

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

In the Matter of: )
)
Kopin Display Corporation ) Docket Number TSCA-HQ-2018-5002 Westborough, MA )
)
)
Respondent )

                     FINAL ORDER

On December 19, 2017 the U.S. Environmental Protection Agency's (EPA's) Office of Civil Enforcement, Waste and Chemical Enforcement Division, filed an Amended Complaint against Kopin Display Corporation ("Kopin") alleging that Kopin had violated the prohibited acts of section 15(2) of the Toxic Substances Control Act ("TSCA"), 15 U.S.C. § 2614(2). The Amended Complaint sought a penalty of $47,073.

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 January 9, 2018, EPA's Office of Enforcement and Compliance Assurance notified the Board that EPA has received a copy of the instrument of payment for the full amount of the penalty ($47,073) from Kopin to resolve the above-captioned matter. Payment by Kopin constituted a waiver of Kopin's rights to contest the allegations in the Amended 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

Date: January 11, 2018 By: Mary Kay Lynch
Mary Kay Lynch
Environmental Appeals Judge

¹ The three-member panel deciding this matter is composed of Environmental Appeals Judges Mary Kay Lynch, Kathie A. Stein, and Mary Beth Ward.

                     CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Final Order in the matter of Kopin Display Corporation, Docket No. TSCA-HQ-2018-5002, were sent to the following persons in the manner indicated:

By E-Mail and Pouch Mail:

Mark Garvey, Attorney
Waste and Chemical Enforcement Division
Office of Civil Enforcement
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., N.W. (Mail Code 2249A)
Washington, D.C. 20460
(202) 564-4168
E-mail: [email protected]

By First Class U.S. Mail:

Mr. Ronald J. Tenpas, Esq.
Morgan, Lewis & Bockius LLP
1111 Pennsylvania Avenue, NW
Washington, DC 20004-2541

Dated: JAN 11 2018
Annette Duncan
Administrative Specialist