American Performance Technologies, Inc. (Board decision, July 18, 2013)

Plain-English summary

American Performance Technologies, Inc. was the respondent in a Clean Air Act penalty matter before the Environmental Appeals Board. The Board incorporated an attached Consent Agreement into its Final Order by reference and ratified it. The Board ordered the respondent to comply with all terms of the Consent Agreement effective immediately. The released Final Order does not reproduce the Consent Agreement or describe the underlying terms.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b)-(c)
• Outcome: The attached Consent Agreement was ratified, and the respondent was ordered to comply with its terms immediately.
• Key point: The Board made the Consent Agreement effective through a Final Order.

Full text (EPA EAB public release)

                     BEFORE THE ENVIRONMENTAL APPEALS BOARD
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, D.C.

                                              )

In re: )
)
American Performance ) Docket No. CAA-HQ-2013-7991
Technologies, Inc. )
)
)

                                    FINAL ORDER

   Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA's Consolidated Rules of Practice, the

attached Consent Agreement resolving this matter is incorporated by reference into this Final
Order and is hereby ratified.

    The Respondent is ORDERED to comply with all terms of the Consent Agreement,

effective immediately.

      So ordered.¹

Date: July 18, 2013
Leslye M. Fraser
Judge, Environmental Appeals Board

   ¹ The three-member panel ratifying this matter is composed of Environmental Appeals

Judges Leslye M. Fraser, Catherine R. McCabe, and Kathie A. Stein.

                          CERTIFICATE OF SERVICE

   I certify that the foregoing “Consent Agreement” and “Final Order,” in the matter

of American Performance Technologies, Inc., Docket No. CAA-HQ-2013-7991, were filed and
copies of the same were mailed to the parties as indicated below:

Via Interoffice Mail:

Robert G. Klepp, Acting Chief
Mobile Source Enforcement Branch
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW (Mail Code 2242A)
Washington, DC 20460

Via U.S. Certified Mail:

Troy Covey
American Performance Technologies, Inc.
8844 Hillcrest Road
Kansas City, MO 64138-3759

Granta Nakayama
Kirkland & Ellis
655 Fifteenth Street, NW
Washington, DC 20005-5793

                                              [signature]
                                             Annette Duncan, Secretary
                                         U.S. Environmental Protection Agency
                                             Environmental Appeals Board

Dated: July 18, 2013