Lake City Paint Inc. (Board decision, January 26, 2026)

Plain-English summary

EPA filed a complaint against Lake City Paint Inc. on January 7, 2026, alleging violations of the Methylene Chloride Rule under the Toxic Substances Control Act. The complaint sought a $14,000 penalty. Lake City Paint paid the full penalty, and EPA notified the EAB on January 23 that payment had been received. Under 40 C.F.R. § 22.18(a)(3), payment waived the company’s rights to contest the complaint’s allegations and appeal the Final Order, so the Board resolved the matter.

Decision snapshot

• Cited authorities: Toxic Substances Control Act; Methylene Chloride Rule; 40 C.F.R. parts 22 and 751; 15 U.S.C. § 2601
• Outcome: The EAB resolved the enforcement matter after Lake City Paint paid the full $14,000 penalty.
• Key point: A respondent may obtain quick resolution of an EPA enforcement proceeding by paying the complaint’s proposed penalty, subject to the rule’s waiver and final-order requirements.

Full text (EPA EAB public release)

                                                                      F I L E D
                                                                          Jan 26, 2026
                                                                     Clerk, Environmental Appeals Board
                                                                     INITIALS ________________________
                 ENVIRONMENTAL APPEALS BOARD
        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        WASHINGTON, D.C.


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In re Lake City Paint Inc. Docket No. TSCA-HQ-2025-5017
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                                     FINAL ORDER


                                     January 26, 2026




   Before Environmental Appeals Judges Aaron P. Avila and Ammie Roseman-Orr

   Order of the Board by Judge Roseman-Orr:

   On January 7, 2026, 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 Lake City Paint Inc. (“Respondent”) alleging

that Respondent had violated the Methylene Chloride Rule promulgated at 40 C.F.R. § 751.101

et seq. under the Toxic Substances Control Act (“TSCA”), 15 U.S.C. § 2601 et seq. The

Complaint sought a penalty of $14,000.

   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)-(2). The rules further provide that upon payment
in full of the penalty, in cases initiated at EPA Headquarters, the Environmental Appeals Board

must issue a final order. 40 C.F.R. § 22.18(a)(3).

   On January 23, 2026, EPA’s Office of Enforcement and Compliance Assurance notified

the Board that EPA has received full payment of the penalty ($14,000) 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.




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CERTIFICATE OF SERVICE

   I certify that copies of the foregoing Final Order in the matter of Lake City Paint Inc.,

Docket No. TSCA-HQ-2025-5017, were sent to the following persons on January 26, 2026, in
the manner indicated:

By E-mail:

N. Lindsay Simmons
Senior Counsel
Waste and Chemical Enforcement Division
Office of Civil Enforcement
[email protected]

Headquarters Hearing Clerk
Office of Administrative Law Judges
[email protected]

David A. Rockman
Outside Counsel
Eckert Seamans
[email protected]

                                                                        Digitally signed by
                                                                        TOMMIE MADISON
                                                                        Date: 2026.01.26
                                                                        15:05:46 -05'00'
                                                             Tommie Madison
                                                             Clerk of the Board