EPA v. RARE BREED DISTILLING LLC - WILD TURKEY DISTILLERY

Case summary

3/1/10 - COMPLIANCE ORDER ISSUED. PURSUANT TO CAA SECTION 503(b)(2) 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 CR 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 9, COMPLIANCE CERTIFICATION REQUIREMENTS, 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 DIVISION FOR AIR QUALITY'S FRANKFORT REGIONAL OFFICE AND THE U.S. EPA. ACCORDING TO THE INFORMATION PROVIDE BY THE KY DIV FOR AIR QUALITY, THE ANNUAL COMPLIANCE CERTIFICATION WAS TO BE POSTMARKED BY JAN 30, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF FEB 26, 2010, 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 YEAR 2009 WITHIN 14 CALENDAR DAYS.

Defendants (1)

• RARE BREEN DISTILLING LLC - WILD TURKEY DISTILLERYNamed in settlement

Facilities (1)

• AUSTIN, NICHOLS & CO. INC

  1525 TYRONE ROAD, LAWRENCEBURG, KY, 40342-9619

  Registry ID: 110003237685

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request

Enforcement conclusions (1)

• RARE BREED DISTILLING LLC - WILD TURKEY DISTILLERYentered 2010-03-01

  Primary law: CAA

Timeline (2 milestones)

• 2010-03-01Final Order Issued
• 2010-03-18Enforcement Action Data Entered