Solvchem, Inc. (Board decision, April 9, 2021)

Plain-English summary

EPA alleged that Solvchem, Inc. violated section 12(b) of the Toxic Substances Control Act and the Notice of Export rule requirements at 40 C.F.R. part 707. EPA's complaint sought a $9,738 penalty. Solvchem paid the full proposed penalty, which waived its right to contest the allegations and appeal the Final Order. The Environmental Appeals Board then resolved the proceeding under 40 C.F.R. § 22.18(a)(3).

Decision snapshot

• Cited authorities: 15 U.S.C. § 2611(b); 40 C.F.R. §§ 22.18(a), 22.18(a)(1)-(3), and 707
• Outcome: Solvchem paid the full $9,738 proposed penalty, and the matter was resolved.
• Key point: Full payment of a penalty proposed in an EPA complaint can resolve a Headquarters enforcement proceeding and waive contest and appeal rights.

Full text (EPA EAB public release)

F I L E D
Apr 09, 2021

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

In re:
Solvchem, Inc.
1904 Mykawa Road
Pearland, TX 77581

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Docket No. TSCA-HQ-2021-5005

FINAL ORDER
On March 24, 2021, the U.S. Environmental Protection Agency’s (EPA’s) Office of Civil Enforcement, Waste and Chemical Enforcement Division, filed a complaint against Solvchem, Inc., alleging that Solvchem 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. The complaint sought a penalty of $9,738.
     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) - (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 April 6, 2021, 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 ($9,738) from Solvchem to resolve the above-captioned matter. Payment by Solvchem

constituted a waiver of Solvchem’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

Apr 09, 2021
Date: ________

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By: ________
Mary Kay Lynch
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 forgoing Final Order in the matter of Solvchem. Inc., Docket No. TSCA-HQ-2021-5005, were sent to the following persons by electronic mail: 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 Ave., N.W. (Mail Code 2249A) Washington, D.C. 20460 (202) 564-4032 [email protected] Mr. Stephen Craig, Corporate Environmental, Health and Safety Manager Solvchem Inc. 1904 Mykawa Road Pearland, TX 77581 [email protected]

Dated: ________
Apr 09, 2021

Eurika Durr
Clerk of the Board