Chemical Solvents, Inc. (Board decision, February 8, 2019)

Plain-English summary

EPA alleged that Chemical Solvents, Inc. violated the Toxic Substances Control Act's chemical data reporting requirements under section 8(a). EPA's complaint sought a $30,000 penalty. The company paid the full amount, waiving its rights to contest the allegations and appeal the Final Order. After EPA notified the EAB that it had received the payment instrument, the Board resolved the Headquarters enforcement matter under the EPA rules cited in the order.

Decision snapshot

• Cited authorities: TSCA section 8(a), 15 U.S.C. § 2607(a), and 40 C.F.R. § 22.18(a)
• Outcome: Chemical Solvents paid the full $30,000 proposed 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 PROTECTIOI•
WASHINGTON, D.C.
CLERK, EtNIRONMENI"AL,•

In re:

Chemical Solvents, Inc.

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Docket No. TSCA-HQ-2019-5001

FINAL ORDER

On December 4, 2018, the U.S. Environmental Protection Agency's (EPA's) Office of Civil Enforcement, Waste and Chemical Enforcement Division, filed a complaint against Chemical Solvents, Inc., alleging that Chemical Solvents had violated the chemical data reporting regulations of section 8(a) of TSCA, 15 U.S.C. § 2607(a). The Complaint sought a penalty of $30,000.

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. § 22.1 8(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 must issue a final order. 40 C.F.R. § 22.1 8(a)(3).

On February 5, 2019, 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

$30,000 penalty from Chemical Solvents to resolve the above-captioned matter. Payment by Chemical Solvents constituted a waiver of Chemical Solvents' 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, i

Dated: February 8, 20 ! 9

ENVIRONMENTAL APPEALS BOARD

Aaron P. Avda
Environmental Appeals Judge

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

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CERTIFICATE OF SERVICE
I certify that copies of the tbregoing Final Order, in the matter of Chemical Solvents, Inc, Docket No. TSCA-HQ-2019-5001, were sent to the following persons in the manner indicated: By First Class Certified Mail/ Return Receipt Requested:

Robert B. Casarona, Esq.
Casarona Legal Services, LLC
57 East Washington Street
Chagrin Falls, Ohio 44022
By Interoffice Mail:

Geraldine Gardner
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave.. NW
Mail Code 2249A
Washington, DC 20460
Headquarters Hearing Clerk
Office of Administrative Law Judges
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Mail Code 1900R
Washington, DC 20460

Dated: February 8, 2019
Administrative Specialist