Robert Lauter d/b/a Prime Cut Paint (Board decision, May 28, 2024)

Plain-English summary

The Presiding Officer issued an Initial Decision and Order on Penalty concerning Robert Lauter d/b/a Prime Cut Paint on April 17, 2024. Neither party appealed. The Environmental Appeals Board declined to exercise sua sponte review, so the Initial Decision and Order on Penalty became a final order on June 3, 2024 under the cited EPA rules.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 22.7(a), 22.27(c), and 22.30(b)
• Outcome: The EAB declined its own-initiative review, and the Initial Decision and Order on Penalty became final on June 3, 2024.
• Key point: When neither party appeals and the EAB declines sua sponte review, an initial penalty decision becomes final under the Consolidated Rules of Practice.

Full text (EPA EAB public release)

F I L E D
May 28, 2024
Clerk, Environmental Appeals Board

INITIALS ______

ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

In re Robert Lauter d/b/a Prime Cut Paint
Docket No. TSCA-03-2023-0034

)
)
)
)
)
)
)

TSCA Appeal No. 24-(01)

ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW
On April 17, 2024, the Presiding Officer issued an Initial Decision and Order on Penalty. 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 Order on Penalty will become a final order on June 3, 2024, pursuant to 40 C.F.R. §§ 22.7(a), 22.27(c). 1 So ordered. 2 ENVIRONMENTAL APPEALS BOARD Dated: _May 28, 2024______

By: ________
Mary Kay Lynch
Environmental Appeals Judge

1

Forty-five days after April 17, 2024, is June 1, 2024, which is a Saturday. Consistent with 40 C.F.R. § 22.7(a), the Initial Decision and Order on Penalty will become a final order on Monday, June 3, 2024. 2

The three-member panel deciding this matter consists of Environmental Appeals Judges Wendy L. Blake, Mary Kay Lynch, and Ammie Roseman-Orr.

CERTIFICATE OF SERVICE
I certify that copies of the foregoing Order Declining to Exercise Sua Sponte Review in the matter of Robert Lauter d/b/a Prime Cut Paint, Docket No. TSCA-03-2023-0034, were sent to the following persons in the manner indicated: By First Class Certified Mail/ Return Receipt Requested and Email: Robert Lauter Prime Cut Paint 1414 Baychester Ave. Norfolk, VA 23503 [email protected]

By Email:
Patrick J. Foley
Conner Kingsley
Assistant Regional Counsel
Region 3
U.S. Environmental Protection Agency
[email protected]
[email protected]
Susan L. Biro, Administrative Law Judge
Attn: Mary Angeles, Headquarters
Hearing Clerk
Office of Administrative Law Judges
U.S. Environmental Protection Agency
[email protected]

May 28, 2024
Dated: ________

Emilio Cortes
Clerk of the Board