The Askins Development Group, LLC (Board decision, November 8, 2022)

Plain-English summary

The Presiding Officer issued an Initial Decision and Default Order on September 26, 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 10, 2022 under 40 C.F.R. § 22.27(c). This release does not itself 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
                                                                                Nov 08, 2022
                                                                           Clerk, Environmental Appeals Board
                                                     INITIALS ________________________
                       ENVIRONMENTAL APPEALS BOARD
              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                              WASHINGTON, D.C.


                                                )
In re:                                          )
                                                )    TSCA Appeal No. 22-(03)
The Askins Development Group, LLC               )
                                                )
Docket No. TSCA-07-2019-0280                    )
                                                )


                ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW

         On September 26, 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 10, 2022, pursuant to

40 C.F.R. § 22.27(c).

         So ordered. 1




                                                     ENVIRONMENTAL APPEALS BOARD



   November 8, 2022

Dated: ____ By: ______
Wendy L. Blake
Environmental Appeals Judge

1
The two-member panel deciding this matter consists of Environmental Appeals Judges
Aaron P. Avila and Wendy L. Blake.
 CERTIFICATE OF SERVICE

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

the matter of The Askins Development Group, LLC, Docket No. TSCA-07-2019-0280, were sent
to the following persons in the manner indicated.
:
By Email: By First Class Certified Mail/
Return Receipt Requested:
Britt Bieri
Assistant Regional Counsel Orlando Askins
U.S. EPA, Region 7 c/o National Registered Agents, Inc.
11201 Renner Boulevard Registered Agent for The Askins
Lenexa, KS 66219 Development Group, LLC
[email protected] 120 S. Central Avenue, Suite 400
Clayton, MO 63105
Karina Borromeo
Regional Judicial Officer Orlando Askins
U.S. EPA, Region 7 5753-G Santa Ana Canyon Road #602
11201 Renner Blvd. Anaheim Hills, CA 92807
Lenexa, KS 66219
[email protected] The Askins Development Group, LLC
300-B East High Street
Jefferson City, MO 65101

      Nov 08, 2022

Dated: ____ ______
Emilio Cortes
Clerk of the Board

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