Environmental Appeals Board

Consent Agreement, TSCA-HQ-2007-5011. Environmental Appeals Board (Entered Oct. 5, 2007). 

TSCA Appeal No. 94-2, Final Decision and Order, Environmental Appeals Board (Sept. 27, 1995) 184. 

Agreement and Final Order entered in the Environmental Appeals Board, there were several more instances of late or non-reporting. DuPont denied all the allegations. 

These regulations require marking PCB Transformers, but do not clearly state who is responsible for making sure they are marked. In In the Matter of Nello Santacroce Dominic Fanelli d/b/a Gilroy Associates the Environmental Appeals Board concluded that only owners and operators of PCB Transformers have an obligation to mark them. A person who owns property that has a PCB Transformer on it is not liable for failure to mark it if that person does not own or operate it. 

See In re Ray Birnbaum Scrap Yard, TSCA Appeal No. 92-5 (EAB, 1994), where the Environmental Appeals Board upheld a reduction for a proposed PCB violation to 1700 from 16,236. Decision available at http //www.epa.gov/eab/disk5/raybim.pdf... 

The statute requires a hearing under the Administrative Procedure Act if the company or person that the EPA proposes to penalize asks for one. The EPA must give fifteen days notice of the right to request a hearing before it issues a final order. The EPA has promulgated Consolidated Rules of Practice for civil penalty assessments that is a procedure manual for all civil TSCA penalty assessments. The Consolidated Rules of Practice governs hearings and appeals to the EPA s Environmental Appeals Board. 

The Consolidated Rules of Procedme confirms that a penalty proceeding can be commenced and settled simultaneously. Many people take advantage of this option, as demonstrated by the consent agreements posted on the Environmental Appeals Board Web site that say that they were simultaneously commenced and concluded. ... 

Decisions of the Office of Administrative Law may be appealed to the Environmental Appeals Board (EAB). The EAB s Practice Manual provides guidance on its procedmes and requirements. 

The Environmental Appeals Board Practice Manual (June 2004) [hereinafter EAB Practice Manual], available at http //yosemite.epa.gov/oa/EAB Web Docketnsf/General+ Information/Environmental+Appeals+Board+Guidance+DocumentstOpenDocument. 

The Environmental Appeals Board is a panel of four EPA lawyers who hear appeals of penalty determinations. The EAB usually forms three-member panels to hear cases. It reviews hearing officers decisions to determine if they are supported by a preponderance of the evidence, and usually gives deference to the fact-finder s factual conclusions. ... 

In Re Die Americas, Inc., TSCA Appeal No. 94-2, Final Decision and Order, Environmental Appeals Board (Sept. 27,1995), available at http // www.epa.gov/eab/disk9/dicameri.pdf... 

Kanto consent agreement Consent Agreement, TSCA-HQ-2007-5011. Environmental Appeals Board (Entered Oct. 5,2007), available at http // yosemite.epa.gOv/OA/EAB WEB Docket.nsf/Verity%20View/DB6DDB3 40C1359E88525737000445303/ File/cafo... 200000000.pdf... 

The Environmental Appeals Board Practice Manual (June 2004) EAB Manual 6-04... 

Decisions and orders from the EPA Office of Administrative Law Judges are available at http //www.epa.gov/aljhomep/orders.htm Decisions from the EPA Environmental Appeals Board are available at http //WWW.epa.gov/boarddec/... 

To appeal a permitting decision, sources may take their cases to the Environmental Appeals Board. On March 27, 2013, the Board revised its Standing Order apphcable to all Clean Air Act New Source Review and PSD permit appeals. Standing orders can be found at bit.ly/NSRorders. 

Appeals to the Office of Administrative Law and Environmental Review Board... 

In the past quarter century, the need to satisfy environmental concerns, reduce costs and provide more appealing graphics has led to the development of new paper and board constructions made from materials that are increasingly difficult to bond. 

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