RFN Enterprise, Inc. (Board decision, July 12, 2018)

Plain-English summary

The Presiding Officer issued an Initial Decision and Default Order for RFN Enterprise, Inc., on May 30, 2018. Neither party appealed. The Environmental Appeals Board declined to review the case on its own initiative. The Initial Decision and Default Order therefore would become a final order on July 16, 2018, under 40 C.F.R. § 22.27(c). This order does not describe 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: )
)
RFN Enterprise, Inc. ) TSCA Appeal No. 18-(02)
)
TSCA-03-2017-0106 )
)

             ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW

      On May 30, 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 July 16, 2018, pursuant to 40 C.F.R. § 22.27(c).

      So ordered.¹


                                                   ENVIRONMENTAL APPEALS BOARD

Dated: July 12, 2018 By:
Kathie A. Stein
Environmental Appeals Judge

¹ The three-member panel deciding this matter consists of Environmental Appeals Judges
Aaron P. Avila, Kathie A. Stein, and Mary Beth Ward.

                     CERTIFICATE OF SERVICE

   I certify that copies of the foregoing Order Declining to Exercise Sua Sponte Review in

the matter of RFN Enterprise, Inc., TSCA Appeal No. 18-(02), were sent to the following
persons in the manner indicated:

By First Class Certified Mail/
Return Receipt Requested:

     Joe and Frances Nataren
     RFN Enterprise, Inc.
     428 Foxridge Drive
     Leesburg, VA 20175

By EPA Pouch Mail:

     Philip Yeany
     Senior Assistant Regional Counsel
     United States Environmental Protection Agency
     Region 3
     Mail Code 3RC50
     Philadelphia, PA 19103-2029



            Dated: JUL 12 2018
                                                          Annette Duncan
                                                          Administrative Specialist