William T Burnett & Co. (Board decision, September 27, 2024)

Plain-English summary

EPA alleged that William T Burnett & Co. violated TSCA section 8(a) and the Chemical Data Reporting Rule by failing to meet reporting requirements. EPA's complaint sought a $28,039 penalty. The company paid the full proposed penalty, which waived its right to contest the allegations and appeal the Final Order. The Environmental Appeals Board then resolved the matter.

Decision snapshot

• Cited authorities: TSCA § 8(a), 15 U.S.C. § 2607(a), and 40 C.F.R. parts 22 and 711
• Outcome: William T Burnett & Co. paid the full $28,039 penalty, and the EAB resolved the matter.
• Key point: Full payment of a penalty proposed in an EPA Headquarters complaint can resolve the enforcement proceeding and waive contest and appeal rights.

Full text (EPA EAB public release)

F I L E D
Sep 27, 2024
Clerk, Environmental Appeals Board

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

)
)
)
)
)
)
)

In re William T Burnett & Co.

Docket No. TSCA-HQ-2024-5020

                                   FINAL ORDER

On August 30, 2024, the U.S. Environmental Protection Agency’s Waste and Chemical Enforcement Division, Office of Civil Enforcement, Office of Enforcement and Compliance Assurance, filed a complaint against William T Burnett & Co. (“Respondent”) alleging that Respondent had violated Section 8(a) of the Toxic Substances Control Act (“TSCA”), 15 U.S.C.
§ 2607(a), and the Chemical Data Reporting Rule requirements set forth at 40 C.F.R. part 711. The complaint sought a penalty of $28,039.00.

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. § 22.18(a), a respondent may opt for quick resolution of an enforcement proceeding at any time by paying the penalty proposed in the complaint. See 40 C.F.R. § 22.18(a)(1)-(2). The rules further provide that upon payment in full of the penalty, in proceedings commenced at EPA Headquarters, the Environmental Appeals Board shall issue a final order. 40 C.F.R. § 22.18(a)(3).

On September 24, 2024, EPA’s Office of Enforcement and Compliance Assurance notified the Board that EPA has received a copy of the instrument of payment for the full amount of the penalty ($28,039.00) from Respondent to resolve the matter. Payment by Respondent constitutes a waiver of its right 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.
§ 22.18(a)(3), the above-captioned matter is hereby RESOLVED.

So ordered. 1

ENVIRONMENTAL APPEALS BOARD

Date: September 27, 2024

By: ________
Wendy L. Blake
Environmental Appeals Judge

1

The three-member panel deciding this matter is composed of Environmental Appeals Judges Aaron P. Avila, Wendy L. Blake, and Ammie Roseman-Orr.

                          CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Final Order in the Matter of William T Burnett & Co., Docket No. TSCA-HQ-2024-5020, were sent to the following persons in the manner indicated:

By email

Jaclyn Troutner, Attorney-Advisor
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]

Headquarters Hearing Clerk
Office of Administrative Law Judges
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW
Mail Code 1900R
Washington, DC 20460
[email protected]
[email protected]

Justin Tetlow, Environmental, Health, and Safety Director William T Burnett & Co. 2112 Montevideo Road Jessup, Maryland 20794 [email protected]

David Emala, Vice President, Secretary, and General Counsel William T Burnett & Co. 1500 Bush Street Baltimore, MD 21230 [email protected]

Sep 27, 2024
Date: ______

Emilio Cortes
Clerk of the Board