R.S.A. Corp. (Board decision, January 13, 2025)

Plain-English summary

EPA alleged that R.S.A. Corp. violated Toxic Substances Control Act requirements involving the chemical inventory and chemical imports and exports. The complaint alleged violations of TSCA sections 8(b) and 13, related requirements at 40 C.F.R. parts 707 and 710, and TSCA section 15. EPA's complaint sought a $15,342 penalty. R.S.A. paid the full proposed penalty, waiving its rights to contest the allegations and appeal the final order. The Environmental Appeals Board then resolved the matter.

Decision snapshot

• Cited authorities: TSCA §§ 8, 13, and 15; 15 U.S.C. §§ 2607, 2612, and 2614; 40 C.F.R. parts 22, 707, and 710
• Outcome: R.S.A. paid the full $15,342 proposed penalty, and the matter was resolved.
• Key point: Full payment of a penalty proposed in an EPA complaint can resolve a Headquarters enforcement proceeding and waive contest and appeal rights.

Full text (EPA EAB public release)

                                                                      F I L E D
                                                                          Jan 13, 2025
                                                                     Clerk, Environmental Appeals Board
                 ENVIRONMENTAL APPEALS BOARD INITIALS ________________________
        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        WASHINGTON, D.C.




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In re R.S.A. Corp. ) Docket No. TSCA-HQ-2024-5001
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                                   FINAL ORDER
   On December 26, 2024, the U.S. Environmental Protection Agency’s (“EPA’s”) Waste

and Chemical Enforcement Division, Office of Civil Enforcement, Office of Enforcement and

Compliance Assurance, filed a complaint against R.S.A. Corp. (“Respondent”) alleging that

Respondent had violated Sections 8(b) and 13 of the Toxic Substances Control Act (“TSCA”),

15 U.S.C. §§ 2607(b) and 2612, as well as the Chemical Imports and Exports requirements and

the Compilation of the TSCA Chemical Substance Inventory at 40 C.F.R. parts 707 and 710,

thereby also violating Section 15 of TSCA, 15 U.S.C. § 2614. U.S. EPA Waste and Chemical

Enforcement Division Complaint at 2 (Dec. 18, 2024). The Complaint sought a penalty of

$15,342.

   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 a 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) and (2). The rules further provide that upon
payment in full of the penalty, in cases commenced at EPA Headquarters, the Environmental

Appeals Board (“Board”) shall issue a final order. 40 C.F.R. § 22.18(a)(3).

    On January 7, 2025, 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 ($15,342) from Respondent to resolve the above-captioned matter. Payment by

Respondent constituted 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: January 13, 2025 By: ________
Wendy L. Blake
Environmental Appeals Judge

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The three-member panel deciding this matter is composed of Environmental Appeals Judges
Aaron P. Avila, Wendy L. Blake, and Mary Kay Lynch.

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CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Final Order in the matter of R.S.A. Corp., Docket
No. TSCA-HQ-2024-5001, were sent to the following persons in the manner indicated:

By E-mail:

David Speranzini
Wiggin and Dana, LLP
265 Church St.
19th Floor
New Haven, CT 06510
Email: [email protected]

Alexander N. DerGarabedian, 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
E-mail: [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
E-mail: [email protected]; [email protected]

     Jan 13, 2025

Dated: ____ ______
Tommie Madison
Clerk of the Board