Juan C. Garcia d/b/a Master Roofing and Restoration (Board decision, August 22, 2019)

Plain-English summary

Juan C. Garcia d/b/a Master Roofing and Restoration was the respondent in a Toxic Substances Control Act penalty proceeding. On July 18, 2019, the Presiding Officer issued an Initial Decision and Default Order. Neither party appealed, and the Environmental Appeals Board declined to review the case on its own initiative. The Board stated that the Initial Decision and Default Order would become a final order on September 3, 2019, under the cited EPA regulations. This order did not change the penalty or describe the underlying violation.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 22.7(a), 22.27(c), 22.27(c)(4), and 22.30(b)
• 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 the case on its own initiative and allow the decision to become final under the governing regulations.

Full text (EPA EAB public release)

F I L E D
Aug 22 2019

Clerk, Environmental Appeals Board

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

In re:
Juan C. Garcia d/b/a
Master Roofing and Restoration
19 Piave Street Rear
Stamford, CT 06902-5596
TSCA-01-2017-0060

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TSCA Appeal No. 19-(02)

ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW
On July 18, 2019, 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 Tuesday, September 3, 2019, pursuant to 40 C.F.R. §§ 22.7(a), 22.27(c). So ordered. 1

ENVIRONMENTAL APPEALS BOARD

Dated: August 22, 2019

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By: _________
Mary Beth Ward
Environmental Appeals Judge

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 forgoing Order Declining to Exercise Sua Sponte Review in the matter of Juan C. Garcia d/b/a/ Master Roofing and Restoration, TSCA Appeal Nos. 19-(02), were sent to the following persons in the manner indicated: By First Class Mail Return Receipt Requested: Juan C. Garcia d/b/a Master Roofing and Restoration 19 Piave Street Rear Stamford, CT 06902-5596 By EPA Pouch Mail: Andrea Simson Senior Enforcement Counsel U.S. EPA Region 1 (OES 4-2) 5 Post Office Square, Suite 100 Boston, MA 02109 Wanda I. Santiago Paralegal/Regional Hearing Clerk US EPA Region 1 (ORC 4-6) 5 Post Office Square, Suite 100 Boston, MA 02109 Dated: August 22, 2019

Annette Duncan
Administrative Specialist