Ravago Chemical Distribution Inc. d/b/a Pacific Coast Chemicals (Board decision, February 1, 2018)

Plain-English summary

EPA's Office of Civil Enforcement filed a complaint alleging that Ravago Chemical Distribution Inc. d/b/a Pacific Coast Chemicals violated TSCA sections 4, 8(a), and 13 and related regulations. The complaint sought a $49,980 penalty. The company paid the penalty in full on or before January 30, 2018. Under 40 C.F.R. § 22.18(a)(3), 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. §§ 2603, 2607(a), and 2612; 40 C.F.R. §§ 707.20, 711.8(a)(2), 711.15, 790.45(d)(1), 799.5089, and 22.18(a)(3)
• Outcome: The $49,980 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: )
)
Ravago Chemical Distribution Inc., ) Docket No. TSCA-HQ-2018-5003 d/b/a Pacific Coast Chemicals )
)
)

FINAL ORDER

On January 18, 2018, the U.S. Environmental Protection Agency's Office of Civil Enforcement, Waste and Chemical Enforcement Division, filed a complaint against Ravago Chemical Distribution Inc., d/b/a Pacific Coast Chemicals ("PCC"), alleging that PCC had violated sections 4, 8(a), and 13 of the Toxic Substances Control Act, 15 U.S.C. §§ 2603, 2607(a), 2612, and implementing regulations at 40 C.F.R. §§ 707.20, 711.8(a)(2), 711.15, 790.45(d)(1), and 799.5089. The Complaint sought a penalty of $49,980.

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)-(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. Id. § 22.18(a)(3).

On January 30, 2018, EPA's Office of Enforcement and Compliance Assurance notified the Board that EPA has received full payment of the penalty ($49,980) from PCC to resolve the above-captioned matter. Payment by PCC constituted a waiver of PCC'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

Date: FEB - 1 2018 By: ________
Aaron P. Avila
Environmental Appeals Judge

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

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Final Order in the matter of Ravago Chemical Distribution Inc., d/b/a Pacific Coast Chemicals, TSCA Appeal No. 18-02Q, were sent to the following persons in the manner indicated:

By First Class U.S. Mail:

Shene Mitchell
Corporate Counsel
Ravago Holdings America, Inc.
1900 Summit Tower Boulevard
Suite 900
Orlando, Florida 32810

By EPA Interoffice Mail and Electronic Mail:

Geraldine Gardner, Attorney
Waste and Chemical Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Mail Code 2249A
Washington, D.C. 20460

E-Mail: [email protected]

Date: FEB 1 2018 ______
Annette Duncan
Administrative Specialist