Vorbeck Materials (Board decision, April 19, 2022)

Plain-English summary

EPA alleged that Vorbeck Materials violated Section 12(b) of the Toxic Substances Control Act and the Notice of Export rule requirements in 40 C.F.R. part 707, Subpart D. The complaint sought an $8,277 penalty. Vorbeck paid the penalty in full, which waived its right to contest the allegations and appeal the Final Order. The EAB then resolved the matter under the quick-resolution procedure in 40 C.F.R. § 22.18(a)(3). The order does not make findings about whether the alleged violations occurred.

Decision snapshot

• Cited authorities: 15 U.S.C. § 2611(b); 40 C.F.R. §§ 22.18(a) and 707
• Outcome: Vorbeck paid the proposed $8,277 penalty, and the EAB resolved the enforcement proceeding.
• Key point: Payment of the penalty proposed in an EPA complaint can resolve a Headquarters enforcement proceeding and waive the respondent's right to contest the allegations.

Full text (EPA EAB public release)

                                                                         F I L E D
                                                                             Apr 19, 2022
                                                                        Clerk, Environmental Appeals Board
                                                                        INITIALS ________________________
                    ENVIRONMENTAL APPEALS BOARD
           UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                           WASHINGTON, D.C.




                                              )

In re: )
) Docket No. TSCA-HQ-2022-5003
Vorbeck Materials )
8306 Patuxent Range Road
)
Jessup, MD 20797
)
)

                                      FINAL ORDER
      On March 15, 2022, the U.S. Environmental Protection Agency’s (EPA’s) Office of Civil

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

Materials (“Vorbeck”) alleging that Vorbeck 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 $8,277.

      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. section 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. 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. Id. § 22.18(a)(3).

      On April 15, 2022, EPA’s Office of Enforcement and Compliance Assurance notified the

Board that EPA has received full payment of the penalty ($8,277) from Vorbeck to resolve the

above-captioned matter. Payment by Vorbeck constituted a waiver of Vorbeck’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. section 22.18(a)(3), the above-captioned matter is

hereby RESOLVED.

   So ordered. 1
                                                ENVIRONMENTAL APPEALS BOARD
      Apr 19, 2022

Date: ____ By: ______
Kathie A. Stein
Environmental Appeals Judge

1
The three-member panel deciding this matter is composed of Environmental Appeals Judges
Aaron P. Avila, Wendy L. Blake, and Kathie A. Stein.
2
 CERTIFICATE OF SERVICE

  I certify that copies of the foregoing Final Order, in the matter of Vorbeck Materials,

Docket No. TSCA-HQ-2022-5003, were sent to the following persons in the manner indicated:

By E-mail:

Carl Lettow
VP and General Counsel
Vorbeck Materials
8306 Patuxent Range Road, #106
Jessup, MD 20794
E-mail: [email protected]

Adam Ross, Attorney-Advisor
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
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]

      Apr 19, 2022

Dated: ____
______
Emilio Cortes
Clerk of the Board