KT Performance, Inc. (Board decision, July 3, 2018)

Plain-English summary

The EPA EAB order concerns KT Performance, Inc. The two-page release does not describe the underlying alleged violation or the specific obligations in the incorporated Consent Agreement. The Board incorporated the Consent Agreement into its Final Order and ratified it under EPA's Consolidated Rules of Practice and section 205(c)(1) of the Clean Air Act. KT Performance was ordered to comply with every term of the agreement effective immediately. The release does not state a penalty amount.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b), § 22.18(c), and 42 U.S.C. § 7524(c)(1)
• Outcome: The Consent Agreement was ratified, and KT Performance was ordered to comply with its terms immediately.
• Key point: An EAB Final Order can incorporate and ratify a Consent Agreement and make compliance effective immediately.

Full text (EPA EAB public release)

F I L E D
Jul 03 2018

Clerk, Environmental Appeals Board

INITIALS ______
ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

In re:
KT Performance, Inc.

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Docket No. CAA-HQ-2018-8385

FINAL ORDER
Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA’s Consolidated Rules of Practice, and section 205(c)(1) of the Clean Air Act, 42 U.S.C. § 7524(c)(1), 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 ENVIRONMENTAL APPEALS BOARD

Dated: ________
Jul 03 2018

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Mary Beth Ward
Environmental Appeals Judge

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 copies of the foregoing “Consent Agreement,” in the matter of KT Performance, Inc. Docket No. CAA-HQ-2018-8385, were sent to the following persons in the manner indicated: By E-mail: Robert J. Karl, Esq., Counsel for KT Performance Porter Wright Morris & Arthur 41 South High Street, Suite 2900 Columbus, OH 43215-6194 Email: [email protected] Rosemarie Kelley, Director Office of Civil Enforcement Office of Enforcement and Compliance Assurance U.S. Environmental Protection Agency 1200 Pennsylvania Ave., NW Mail Code 2241-A Washington, DC 20460 Email: [email protected] Edward Kulschinsky, Esq. Office of Civil Enforcement Office of Enforcement and Compliance Assurance U.S. Environmental Protection Agency Mail Code 2242-A 1200 Pennsylvania Avenue, N.W. Washington D.C. 20460 Email: [email protected] Headquarters Hearing Clerk Office of Administrative Law Judges (1900R) 1200 Pennsylvania Avenue, N.W. Washington D.C. 20460 Email: [email protected]; [email protected]

Dated: ________
Jul 03 2018

Eurika Durr
Clerk of the Board