Kyocera International, Inc. (Board decision, September 5, 2023)

Plain-English summary

The Environmental Appeals Board ratified a Consent Agreement resolving the proceeding involving Kyocera International, Inc. The Board incorporated the agreement into its Final Order and ordered the respondent to comply with all of its terms, effective immediately. The available official release identifies the proceeding as Docket No. TSCA-HQ-2023-5005. The release does not state the agreement's substantive allegations or penalty in the text reproduced below.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b)-(c)
• Outcome: The Consent Agreement was ratified and Kyocera International, Inc. was ordered to comply with its terms.
• Key point: An EAB Final Order can incorporate and ratify a Consent Agreement, making its terms effective immediately.

Full text (EPA EAB public release)

F I L E D
Sep 05, 2023
Clerk, Environmental Appeals Board
INITIALS ______
ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

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In re Kyocera International, Inc. ) Docket No. TSCA-HQ-2023-5005
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                                   FINAL ORDER

   Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice, the

attached Consent Agreement resolving this matter is incorporated by reference into this Final
Order and is hereby ratified.

    The Respondent is ORDERED to comply with all terms of the Consent Agreement,

effective immediately.

   So ordered.1

                                                ENVIRONMENTAL APPEALS BOARD

Dated: September 5, 2023 ________
Aaron P. Avila
Environmental Appeals Judge

   1
    The three-member panel ratifying this matter is composed of Environmental Appeals

Judges Aaron P. Avila, Wendy L. Blake, and Mary Kay Lynch.

                           CERTIFICATE OF SERVICE

   I certify that copies of the foregoing “Consent Agreement” and “Final Order,” in the

matter of Kyocera International, Inc., Docket No. TSCA-HQ-2023-5005, were sent to the
following persons in the manner indicated:

By E-mail:

Catherine Lee, Attorney
Waste and Chemical Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW (Mail Code 2249A)
Washington, DC 20460
[email protected]

Daniella Einik
Jones Day
51 Louisiana Ave., NW
Washington, DC 20001
Counsel for Kyocera International, Inc.
[email protected]

        Sep 05, 2023

Dated: ____ ______

                                                              Emilio Cortes
                                                            Clerk of the Board