Premier Flipping LLC (Board decision, December 16, 2020)

Plain-English summary

Premier Flipping LLC was the respondent in an EPA administrative proceeding. On November 5, 2020, the Presiding Officer issued and served an Initial Decision and Default Order. Neither party appealed. The Environmental Appeals Board declined to review the case on its own initiative under 40 C.F.R. §§ 22.27(c)(4) and 22.30(b). The order states that the Initial Decision and Default Order would become a final order on December 21, 2020. The order does not state the underlying allegations or any penalty amount.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 22.7, 22.27, and 22.30
• Outcome: The Board declined sua sponte review, and the Initial Decision and Default Order was set to become final on December 21, 2020.
• Key point: When neither party appeals, the Board may decline to review an Initial Decision and Default Order on its own initiative, allowing it to become final under 40 C.F.R. § 22.27(c).

Full text (EPA EAB public release)

                                                                                       F I L E D
                                                                                                 Dec 16 2020

                                                                                      Clerk, Environmental Appeals Board
                                                                                      INITIALS ________________________
                       ENVIRONMENTAL APPEALS BOARD
              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                              WASHINGTON, D.C.


                                                 )
In re:                                           )
                                                 )
Premier Flipping LLC                             )    TSCA Appeal No. 20-(05)
                                                 )
TSCA-01-2018-0017                                )
                                                 )


               ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW

         On November 5, 2020, the Presiding Officer issued and served on the parties an Initial

Decision and Default Order in the above-captioned case. Neither party appealed, and the

Environmental Appeals 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 December 21, 2020, pursuant to 40 C.F.R. §§ 22.7(a), 22.27(c).

         So ordered.1


                                                      ENVIRONMENTAL APPEALS BOARD



    Dec. 16, 2020

Dated: ____ By: ______
Mary Kay Lynch
Environmental Appeals Judge

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

   I certify that copies of the foregoing Order Declining to Exercise Sua Sponte Review in

the matter of Premier Flipping LLC, TSCA Appeal No. 20-(05), were sent to the following
persons in the manner indicated:

By Electronic Mail:

Eder Rapalo
Premier Flipping, LLC
8 Meadowlark Road
Enfield, CT 06082
Email: [email protected]

Kathleen Woodward
Senior Enforcement Counsel
U.S. EPA Region I
5 Post Office Square, Suite 100 (Mail Code 04-3)
Boston, MA 02109-3912
Email: [email protected]

Regional Judicial and Presiding Officer LeAnn Jensen
Regional Hearing Clerk Wanda I. Santiago
5 Post Office Square, Suite 100
Boston, MA 02109-3912
Email: [email protected]
[email protected]

      Dec 16 2020

Dated: ____ ______
Annette Duncan
Administrative Specialist

                                          -2-