Rockland Industries, Inc. (Board decision, March 3, 2020)

Plain-English summary

EPA alleged that Rockland Industries, Inc. violated the chemical data reporting regulations under section 8(a) of the Toxic Substances Control Act. EPA's complaint sought a $500 penalty. Rockland paid the penalty in full, which waived its right to contest the allegations and appeal the Final Order. The Environmental Appeals Board resolved the proceeding under the quick-resolution provisions of 40 C.F.R. § 22.18(a). The order does not make additional findings about the alleged reporting violations.

Decision snapshot

• Cited authorities: TSCA § 8(a), 15 U.S.C. § 2607(a); 40 C.F.R. § 22.18(a)
• Outcome: Rockland paid the proposed $500 penalty, and the EAB resolved the enforcement proceeding.
• Key point: A respondent can resolve an EPA Headquarters enforcement proceeding by paying the complaint's proposed penalty under the quick-resolution rule.

Full text (EPA EAB public release)

F I L E D
Mar 03 2020

Clerk, Environmental Appeals Board

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

In re: Rockland Industries, Inc.

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Docket No. TSCA-HQ-2020-5004

FINAL ORDER
On January 24, 2020, the U.S. Environmental Protection Agency’s (EPA’s) Office of Civil Enforcement, Waste and Chemical Enforcement Division, filed a complaint against Rockland Industries, Inc. (“Rockland”) alleging that Rockland had violated the chemical data reporting regulations of section 8(a) of the Toxic Substances Control Act (“TSCA”), 15 U.S.C.
§ 2607(a). The Complaint sought a penalty of $500.
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. 40 C.F.R. § 22.18(a)(3). On February 25, 2020, EPA’s Office of Enforcement and Compliance Assurance notified the Board that EPA has received full payment of the penalty ($500) from Rockland to resolve the above-captioned matter. Payment by Rockland constituted a waiver of Rockland’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: ________ Mar 03 2020

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By: ________
Kathie A. Stein
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.

CERTIFICATE OF SERVICE
I certify that copies of the foregoing Final Order, in the matter of Rockland Industries, Inc., Docket No. TSCA-HQ-2020-5004, were sent to the following persons in the manner indicated: By First Class Certified Mail/ Return Receipt Requested: Mark Berman, President Rockland Industries, Inc. 4969 Mercantile Road Baltimore, MD 21236 By EPA Inter-Office Mail and Email: Geraldine Gardner Office of Civil Enforcement Waste and Chemical Enforcement Division U.S. Environmental Protection Agency 1200 Pennsylvania Ave., NW Mail Code 2249A Washington, DC 20460 E-mail: [email protected] Headquarters Hearing Clerk Office of Administrative Law Judges U.S. Environmental Protection Agency 1200 Pennsylvania Ave., NW Mail Code 1900R Washington, DC 20460 E-mail: [email protected]; [email protected]

Dated: ________
Mar 03 2020

Eurika Durr
Clerk of the Board