Billy YEE, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, 23 F. App'x 636

PER CURIAM. The Environmental Protection Agency (EPA) assessed a civil penalty of $29,700 against Billy Yee, the owner of a rental apartment, for violating regulations, see 40 C.F.R. § 745.107, § 745.113, that require the disclosure to a tenant of the presence of lead-based paint in a rental apartment. See In the Matter of Billy Yee, 1999 WL 1201417 (E.P.A. Nov.8, 1999). The relevant provisions are included in a set of regulations, see 40 C.F.R. §§ 745.100-745.119, issued pursuant to several statutes that are intended to prevent human exposure to toxic substances.

See 15 U.S.C. §§ 2601-2692, 42 U.S.C. §§ 4851-4852d. Mr. Yee subsequently received a hearing before an administrative law judge, who upheld the assessment of the penalty. See In the Matter of Billy Yee, 2000 WL 777973 (E.P.A. A.L.J. June 6, 2000). The EPA appeals board affirmed the order of the administrative law judge. See In re Billy Yee, 2001 WL 624774 (E.P.A. May 29, 2001). Mr. Yee now petitions for judicial review. We lack jurisdiction to consider Mr. Yee’s petition and therefore dismiss it.

A petition for judicial review of an assessment under the relevant statutes may be filed “only ... within the 30-day period beginning on the date [when] the order making such an assessment was issued,” see 15 U.S.C. § 2615(a)(3). The EPA order was issued on May 29, 2001. The final day to file a petition for review, consequently, was June 27, 2001. Mr. Yee filed his petition on June 28, 2001, and has cited no authority that would relieve him of his obligation to comply with the statutory deadline. We therefore dismiss Mr. Yee’s petition for lack of jurisdiction.