SACO AEI Polymers (Board decision, October 15, 2019)

Plain-English summary

EPA's Office of Civil Enforcement filed a complaint alleging that SACO AEI Polymers violated the chemical data reporting regulations of section 8(a) of the Toxic Substances Control Act. The complaint sought a $22,479 penalty. EPA notified the Environmental Appeals Board that it received an instrument of payment for the full penalty amount. Payment waived SACO's right to contest the allegations or appeal the Final Order, and the Board resolved the matter under 40 C.F.R. § 22.18(a)(3).

Decision snapshot

• Cited authorities: 15 U.S.C. § 2607(a); 40 C.F.R. § 22.18(a), § 22.18(a)(1), § 22.18(a)(2), and § 22.18(a)(3)
• Outcome: SACO paid the $22,479 penalty in full, and the enforcement matter was resolved.
• Key point: Payment of the proposed penalty can resolve a Headquarters enforcement proceeding and waive the respondent's rights to contest the allegations or appeal.

Full text (EPA EAB public release)

                                                                                     F I L E D
                                                                                             Oct 15 2019
                                                                                  Clerk, Environmental Appeals Board
                                                                                  INITIALS ________________________
              ENVIRONMENTAL APPEALS BOARD

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON,
D.C.

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In re SACO AEI Polymers ) Docket No. TSCA-HQ-2019-5005
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                                    FINAL ORDER


    On September 27, 2019, the U.S. Environmental Protection Agency's ("EPA's") Waste

and Chemical Enforcement Division, Office of Civil Enforcement, Office of Enforcement and

Compliance Assurance, filed a complaint against SACO AEI Polymers ("SACO") alleging that

SACO had violated the chemical data reporting regulations of section 8(a) of the Toxic

Substances Control Act, 15 U.S.C. § 2607(a). The complaint sought a penalty of $22,479.

   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. See 40 C.F.R. § 22.18(a)(3).

   On October 10, 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

penalty ($22,479) from SACO to resolve the above-captioned matter. Payment by SACO

constituted a waiver of SACO's right 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: October 15, 2019 By: ________
Kathie A. Stein
Environmental Appeals Judge

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

                           CERTIFICATE OF SERVICE

  I certify that copies of the foregoing Final Order in the matter of SACO AEI Polymers,

Docket No. TSCA-HQ-2019-5005, were sent to the following persons in the manner indicated:

By First Class Certified Mail/ Return Receipt Requested:

   Ms. Sarah A. Slack
   Foley & Lardner LLP
   150 East Gilman Street
   Suite 5000
   Madison, WI 53703-1482

By Interoffice Mail:

   Ms. 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, NW (Mail Code 2249A)
   Washington, DC 20460

Dated: ____
Oct 15 2019 ______
Annette Duncan
Administrative Specialist