Ezel / Agency Decisions / caa-17-04c-commission

Koch Supply & Trading, LP (Board decision, September 27, 2017)

In re Koch Supply & Trading, LP (EAB CAA Appeal No. 17-04C): consent agreement ratified

Decision type
Board decision
Dockets
CAA 17-04C, CAA-HQ-2016-8278
Decided
September 27, 2017
Outcome
Settled
Precedential status
Citable Board precedent
Checked against source
2026-08-21
Official source
Read the official release (epa.gov)
PDF
View Official PDF

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Currency note: this decision dates from 2017
The EPA regulations may have been amended, penalty amounts have been adjusted, and later Board or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final EAB decision
This Environmental Appeals Board Final Order is a final disposition of the enforcement proceeding. The Board incorporated and ratified the attached Consent Agreement and ordered Koch Supply & Trading, LP to comply with all of its terms. The full text below is the official EPA release, transcribed from a scanned PDF with OCR proofreading.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official EPA EAB release. The full text is the agency's own release.
Transcribed from a scanned original: EPA EAB released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (epa.gov)

Plain-English summary

Koch Supply & Trading, LP entered into a Consent Agreement with EPA to resolve a Clean Air Act enforcement matter. The Environmental Appeals Board incorporated the agreement into its Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board ordered Koch Supply & Trading to comply with every term of the agreement, effective immediately. The order itself does not state the alleged violation or the penalty amount.

Decision snapshot

  • Cited authorities: 40 C.F.R. § 22.18(b)-(c)
  • Outcome: The Consent Agreement was incorporated and ratified, and the respondent was ordered to comply with its terms.
  • Key point: An EAB Final Order can make a Consent Agreement resolving a Headquarters enforcement matter binding on the respondent.

Full text (EPA EAB public release)

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

In re: )

Koch Supply & Trading, LP ) Docket No. CAA-HQ-2016-8278

                     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

Dated: September 27, 2017 By: Aaron P. Avila
Aaron P. Avila
Environmental Appeals Judge

¹ The three-member panel ratifying this matter is composed of Environmental Appeals Judges Aaron P. Avila, Mary Kay Lynch, and Mary Beth Ward.

                     CERTIFICATE OF SERVICE

I certify that the foregoing "Consent Agreement" and "Final Order," in the Matter of Koch Supply & Trading, LP, Docket No. CAA-HQ-2016-8278, were filed and copies of the same were mailed to the parties as indicated below:

Via Interoffice Mail:

Matthew Kryman, U.S. EPA, Air Enforcement Division
Western Field Office (3MSU)
1595 Wynkoop Street
Denver, CO 80202-1129

Via U.S. Certified Mail, Return Receipt Requested:

Mike Voth
Vice President, Compliance
Koch Supply & Trading, LP
4111 E. 37th St.
P.O. Box 2302
Wichita, Kansas 67220

Dated: SEP 27 2017
Annette Duncan, Secretary
U.S. Environmental Protection Agency
Environmental Appeals Board

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