Axiall, L.L.C. (Board decision, April 9, 2020)

Plain-English summary

EPA alleged that Axiall, L.L.C. violated TSCA section 12(b) and the Notice of Export rules in 40 C.F.R. part 707, subpart D. The complaint sought a $49,000 penalty. Axiall paid the penalty in full, which waived its right to contest the allegations and appeal the Final Order. The Environmental Appeals Board then resolved the proceeding under the quick-resolution provisions of 40 C.F.R. § 22.18(a).

Decision snapshot

• Cited authorities: TSCA § 12(b), 15 U.S.C. § 2611(b); 40 C.F.R. part 707, subpart D; 40 C.F.R. § 22.18(a)
• Outcome: Axiall paid the proposed $49,000 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
                                                                                             Apr 09 2020
                                                                                  Clerk, Environmental Appeals Board
                                                        INITIALS ________________________
                    ENVIRONMENTAL APPEALS BOARD
           UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                           WASHINGTON, D.C.

                                              )

In re: )
)
Axiall, L.L.C. ) Docket No. TSCA-HQ-2020-5006
)

                                      FINAL ORDER

      On February 25, 2020, the U.S. Environmental Protection Agency’s Office of Civil

Enforcement, Waste and Chemical Enforcement Division, filed a complaint against Axiall,

L.L.C., alleging that Axiall had violated section 12(b) of the Toxic Substances Control Act

(“TSCA”), 15 U.S.C. § 2611(b), and the Notice of Export rule requirements at 40 C.F.R.

part 707, subpart D. The complaint sought a penalty of $49,000.

      EPA’s Consolidated Rules of Practice, codified at 40 C.F.R. part 22, govern this

administrative enforcement proceeding. Pursuant to these rules, a respondent may opt for a

quick resolution of an enforcement proceeding at any time by paying the penalty proposed in the

complaint. 40 C.F.R. § 22.18(a)(1)-(2). The rules further provide that, upon payment of the

penalty in full, in cases initiated at EPA Headquarters, the Environmental Appeals Board must

issue a final order. Id. § 22.18(a)(3).

      On April 2, 2020, EPA’s Office of Enforcement and Compliance Assurance (“OECA”)

notified the Board that EPA received a copy of the instrument of payment for the full amount of

the penalty ($49,000) from Axiall to resolve the above-captioned matter. In this context, we

understand OECA’s notification and submission to be a representation that EPA has received full

payment of the penalty. Payment by Axiall constitutes a waiver of Axiall’s right to contest the
allegations in the complaint and to appeal this Final Order. See id. In accordance with 40 C.F.R.

§ 22.18(a)(3), the above-captioned matter is hereby RESOLVED.

   So ordered. 1

                                                ENVIRONMENTAL APPEALS BOARD

Dated: April 9, 2020 By: ________
Aaron P. Avila
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.

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CERTIFICATE OF SERVICE

 I certify that copies of the Final Order in the matter of Axiall, L.L.C., Docket No. TSCA-

HQ-2020-5006, were sent to the following persons in the manner indicated:

By Electronic Mail:

Rebecca Moring Headquarters Hearing Clerk
Senior Counsel, Environmental Office of Administrative Law Judges
Westlake Chemical Corporation U.S. Environmental Protection Agency
1000 Abernathy Road, N.E., Suite 1200 1200 Pennsylvania Avenue, N.W.
Atlanta, GA 30328 Mail Code 1900R
Telephone: (713) 585-7941 Washington, D.C. 20460
E-Mail: [email protected] E-Mail: [email protected]
[email protected]
N. Lindsay Simmons, Attorney-Advisor
Chemical Risk and Reporting Enforcement Branch
Waste and Chemical Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave, N.W.
Washington, D.C. 20460
Telephone: (202) 564-3223
E-Mail: [email protected]

Dated: ____
Apr 09 2020 ______
Eurika Durr
Clerk of the Board

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