EPA v. MARTIN COUNTY COAL CORPORATION

Case summary

9/1/09 - COMPLIANCE ORDER ISSUED. PURSUANT TO SECTION 503(b)(2) OF THE CAA AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), THE PERMITTEE IS REQUIRED TO PERIODICALLY (BUT NO LESS FREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF THE PERMIT. PURSUANT TO 40 CFR 70.6(c)(5) AND 401 KAR 50.035 SECTION 7(2)(b), THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONS TO THE ADMINISTRATOR AS WELL AS TO THE PERMITTING AUTHORITY. PURSUANT TO TITLE V PERMIT SECTION F, MONITORING, RECORDKEEPING, AND REPORTING REQUIREMENTS PARAGRAPH 7, COMPLIANCE CERTIFICATION REQUIREMENT, THE PERMITTEE SHALL CERTIFY COMPLIANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THIS PERMIT, ANNUALLY BY COMPLETING AND RETURNING A COMPLIANCE CERTIFICATION FORM (DEP 7007CC) OR AN APPROVED ALTERNATIVE TO THE DIV FOR AIR QUALITY'S FRANKFORT REGIONAL OFFICE AND THE U.S. EPA. ACCORDING TO THE INFO PROVIDED BY THE KY DIV FOR AIR QUALITY, THE ANNUAL COMPLIANCE COMPLIANCE WAS DUE TO THE ADMINISTRATOR OF EPA REGION 4, BY JAN 30, 2009. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF AUG 1, 2009, RESPONDENT HAS NOT SUBMITTED A COMPLIANCE CERTIFICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE ADMINISTRATOR OF EPA REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS AND CONDITIONS IN ACCORDANCE WITH 40 CFR 70.6(c)(5), INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR THE CALENDAR YR 2008 WITHIN 14 CALENDAR DAYS.

Defendants (1)

• MARTIN COUNTY COAL CORPORATIONNamed in settlement

Facilities (1)

• MARTIN CO COAL CORP

  3201 RIDGETOP RD, INEZ, KY, 41224

  Registry ID: 110013838758

Statutes cited

• CAA 502 — Operating Permits (Title V)

Enforcement conclusions (1)

• MARTIN COUNTY COAL CORPORATIONentered 2009-09-01

  Primary law: CAA

Timeline (2 milestones)

• 2009-09-01Final Order Issued
• 2009-09-16Enforcement Action Data Entered