Document VxoBZZqRnVvb2mBwJZE7q6D4

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 Elm Street, Suite 500 Dallas, Texas 75270 FILED 13 FEB 25 PM 02:50 REGIONAL HEARING CLERK EPA REGION 6 In the Matter of EcoStar Remodeling and Construction Respondent. Docket No. TSCA-06-2025-6176 JOINT MOTION TO AMEND CONSENT AGREEMENT AND FINAL ORDER COMES NOW COMPLAINANT, the U.S. Environmental Protection Agency ("EPA"), Region 6, AND RESPONDENT, EcoStar Remodeling and Construction ("EcoStar"), submit the following motion to amend the November 25, 2024, Consent Agreement and Final Order ("CAFO") entered into by Complainant and Respondent. WHEREAS, Paragraph 46 of the Consent Agreement and Final Order requires Respondent to pay a civil penalties over a period of twelve (12) months, Respondent has indicated they need to make payment over a longer period of time, that is eighteen (18) months. THEREFORE, Respondent and Complainant jointly request to amend the below language from the November 25, 2024, CAFO, with the Regional Judicial Officer's approval: 1. Modify Paragraph 46 to read (new language in bold): 2. Respondent shall enter a payment plan to pay the full civil penalty within eighteen (18) months of the effective date of the CAFO. Respondent shall coordinate these civil penalty payments with EPA's Cincinnati Finance Office within thirty (30) days after the effective date of the CAFO. Whereas it currently reads: Page2 46. Respondent shall enter a payment plan to pay the full civil penalty within twelve (12) months of the effective date of the CAFO. Respondent shall coordinate these civil penalty payments with EPA's Cincinnati Finance Office within thirty (30) days after the effective date of the CAFO. ( For Respondent Igor Sklyarsky Owner EcoStar Remodeling and Construction /w,, J ~ 0 d Digitally signed by CHERYL SEAGER Date: 2025.02.12 15:18:09 -06'00' For Complainant Cheryl Seager Director Compliance Assurance and Enforcement Division Page 3 FINAL ORDER ON AMENDMENT Pursuant to Section 113{d) of the CAA, 42 U.S.C. 7413{d), and the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/ Termination or Suspension of Permits, 40 C.F.R. Part 22, the foregoing Consent Agreement Amendment resolving this matter is hereby ratified and incorporated by reference into this Final Order. Respondent is ORDERED to comply with all of the terms of the Consent Agreement Amendment. In accordance with 40 C.F.R. 22.31{b), the effective date of the foregoing Consent Agreement Amendment and this Final Order is the date on which this Final Order is filed with the Regional Hearing Clerk. This Final Order shall resolve only those causes of action alleged in the Consent Agreement Amendment. Nothing in this Final Order shall be construed to waive, extinguish, or otherwise affect Respondent's {or its officers, agents, servants, employees, successors, or assigns) obligation to comply with all applicable federal, state, and local statutes and regulations, including the regulations that were the subject of this action. IT IS SO ORDERED. Rucki, Thomas Digitally signed by Rucki, Thomas Date: 2025.02.13 14:12:51 -05'00' Thomas Rucki Regional Judicial Officer Date Page4 CERTIFICATE OF SERVICE I hereby certify that on the _ _ _ _ day of _ _ _ _ _ _~ 2025, the original of the foregoing JOINT MOTION TO AMEND THE CONSENT AGREEMENT AND FINAL ORDER was electronically delivered to the Regional Hearing Clerk, U.S. EPA - Region 6, 1200 Elm Street, Suite 500, Dallas, Texas 75270, and that a true and correct copy of the Motion was placed in the United States Mail, certified mail, return receipt requested, addressed to the following: 13140 Coit Road, Suite #340 Dallas, TX 75240 Copy via Email to Complainant: Sharma.Ravi@epa.gov Hayes.Angela@epa.gov Copy via Email to Respondent: lg@gelbmanlawfirm.com Copy via Email to Regional Hearing Clerk: Vaughn .Lorena@epa.gov Vaughn, Lorena Digitally signed by Vaughn, Lorena Date: 2025.02.13 14:50:04 -06'00' Signed Office of Regional Counsel U.S. EPA, Region 6