9/1/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $36,801, DUE WITHIN 30 DAYS. RESPONDENT ALSO AGREES TO PERFORM A SEP.
ALLEGATION 1: RESPONDENT SUBMITTED ITS PERFORMANCE TEST RESULTS TO ADEM ON JUNE 22, 2007, FOR TESTING CONDUCTED ON MAY 18, 2007. HOWEVER, THE RESPONDENT FAILED TO SUBMIT TO ADEM OR EPA IT COMPLETE NOTIFICATION OF COMPLIANCE STATUS REPORT (NOCSR) WHICH SHOULD HAVE BEEN SUBMITTED BY JULY 18, 2007. THE NOCSR SHOULD ALSO INCLUDE: METHODS USED TO DETERMINE COMPLIANCE; RESULTS OF THE PERFORMANCE TEST; METHODS(S) USED TO DETERMINE CONTINUING COMPLIANCE; TYPE AND QUANTITY OF HAPs EMITTED BY A SOURCE; DESCRIPTION OF AIR POLLUTION CONTROL EQUIPMENT FOR EACH EMISSION POINT AND CONTROL EFFICIENCY; AND A STATEMENT BY THE OWNER/OPERATOR THAT THE SOURCE HAS COMPLIED WITH THE RELEVANT STANDARD.
EPA ALLEGES THAT THE RESPONDENT FAILED TO INCLUDE ALL COMPONENTS OF THE NOCSR AND THIS THEREBY IN VIOLATION OF 40 CFR 63.6645(f)(2).
ALLEGATION 2: DURING AN INSPECTION BY ADEM ON SEPT 11, 2007, IT IS NOTED THAT PEAK SHAVING GENERATORS WERE OPERATING THAT THE CPMS FOR EACH RECIPROCATING INTERNAL COMBUSTION ENGINE (RICE) WAS NOT FUNCTIONING. AS A RESULT, RECORDS OF THE CATALYST TEMPERATURE DATA WERE UNAVAILABLE AT THE TIME OF THE INSPECTION.
EPA ALLEGES THAT THE RESPONDENT FAILED TO CONTINUOUSLY MONITOR THE CATALYST INLET TEMPERATURE AND IS THEREBY IN VIOLATION OF TITLE V PERMIT NO. 0007, PROVISO NO. 2 AND 40 CFR 63.6625.
ALLEGATION 3: INITIAL COMPLIA