Superior Restoration & Construction, LLC (Board decision, October 31, 2022)

Plain-English summary

The Presiding Officer issued an Initial Decision and Default Order on September 19, 2022. 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 EAB stated that the Initial Decision and Default Order would become a final order on November 3, 2022 under 40 C.F.R. § 22.27(c). This release does not decide the underlying allegations or state a penalty.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 22.27(c), 22.27(c)(4), and 22.30(b)
• Outcome: Procedural. The EAB declined sua sponte review, leaving the Initial Decision and Default Order to become final under the cited regulation.
• Key point: When neither party appeals an initial decision, the EAB may decline sua sponte review and the initial decision can become final under the governing rule.

Full text (EPA EAB public release)

                                                                                       F I L E D
                                                                                           Oct 31, 2022
                                                                                      Clerk, Environmental Appeals Board
                                                                                      INITIALS ________________________
                       ENVIRONMENTAL APPEALS BOARD
              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                              WASHINGTON, D.C.


                                                )
In re:                                          )
                                                )    TSCA Appeal No. 22-(02)
Superior Restoration & Construction, LLC        )
                                                )
Docket No. TSCA-07-2016-0017                    )
                                                )


               ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW

         On September 19, 2022, the Presiding Officer issued an Initial Decision and Default

Order. 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 November 3, 2022, pursuant to 40

C.F.R. § 22.27(c).

         So ordered.1


                                                     ENVIRONMENTAL APPEALS BOARD

     Oct 31, 2022

Dated: ____ By: ______
Aaron P. Avila
Environmental Appeals Judge

1
The three-member panel deciding this matter consists of Environmental Appeals Judges Aaron
P. Avila, Wendy L. Blake, 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 Superior Restoration & Construction, LLC, Docket No. TSCA-07-2016-0017, were
sent to the following persons in the manner indicated.

By Email:

Jared Pessetto
Assistant Regional Counsel
US Environmental Protection Agency, Region 7
11201 Renner Boulevard
Lenexa, KS 66219
[email protected]

Karina Borromeo
Regional Judicial Officer/Presiding Officer
US Environmental Protection Agency, Region 7
11201 Renner Boulevard
Lenexa, KS 66219
[email protected]

By First Class Certified Mail/
Return Receipt Requested:

Mr. Cory Poulsen
Superior Restoration & Construction LLC
23625 West 92nd Terrace
Lenexa, KS 66227

Mr. Cory Poulsen
Superior Restoration & Construction LLC
7861 Mastin Drive
Overland Park, KS 66204

Mr. Cory Poulsen
Superior Restoration & Construction LLC
14915 Evening Star Road
Eudora, KS 66025-8359

     Oct 31, 2022

Dated: ____ ______
Annette Duncan
Administrative Specialist

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