Nano-C Inc. (Board decision, July 17, 2025)

Plain-English summary

EPA alleged that Nano-C Inc. violated Sections 12(b) and 13 of the Toxic Substances Control Act and related reporting requirements at 40 C.F.R. part 707. EPA's complaint sought a $64,138 penalty. Nano-C paid the full proposed penalty, which waived its rights to contest the allegations and appeal the final order. The Environmental Appeals Board then resolved the matter under 40 C.F.R. § 22.18(a)(3).

Decision snapshot

• Cited authorities: TSCA §§ 12(b) and 13; 15 U.S.C. §§ 2611 and 2612; 40 C.F.R. parts 22 and 707
• Outcome: Nano-C paid the full $64,138 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
                                                                                Jul 17, 2025
                                                                           Clerk, Environmental Appeals Board
                   ENVIRONMENTAL APPEALS BOARD     INITIALS ________________________
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, D.C.

                                )
                                )

In re Nano-C Inc. ) Docket No. TSCA-HQ-2025-5010
)
______)

                                     FINAL ORDER

 On May 19, 2025, 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 Nano-C Inc. (“Respondent”) alleging that

Respondent had violated Sections 12(b) and 13 of the Toxic Substances Control Act (“TSCA”), 15

U.S.C. § 2611(b) and § 2612, respectively, and the requirements at 40 C.F.R. §§ 707.60, .65, and

.67 as well as § 707.20(b)(2)(i). The Complaint sought a penalty of $64,138.

    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 initiated at EPA Headquarters, the Environmental

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

    On July 14, 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 ($64,138) from Respondent to resolve the above-captioned matter. Payment by

Respondent constituted a waiver of Respondent’s rights 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: July 17, 2025                                 By: _
                                                                   Aaron P. Avila
                                                            Environmental Appeals Judge

1
The panel deciding this matter is composed of Environmental Appeals Judges Aaron P. Avila and
Ammie Roseman-Orr.

                                               2

CERTIFICATE OF SERVICE

  I hereby certify that copies of the foregoing Final Order in the matter of Nano-C Inc.,

Docket No. TSCA-HQ-2025-5010, were sent to the following persons in the manner indicated:

By E-Mail:

Alexander N. DerGarabedian, Attorney-Advisor
Chemical Risk and Reporting Enforcement Branch
Waste and Chemical Enforcement Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave, NW
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]

By First Class Certified Mail/
Return Receipt Requested:

Tom Berger
Keller and Heckman, LLP
1001 G Street NW, Suite 500 West
Washington DC, 20001

    Jul 17, 2025

Dated: ___ _________
Annette Duncan
Administrative Specialist