12/14/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $245,000, DUE WITHIN 30 DAYS.
FACTUAL ALLEGATIONS:
ON FEB 24, 2009, EPA KDAQ CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY.
ON MAR 19, 2009, EPA ISSUED AN INFO REQUEST LETTER TO RESPONDENT PURSUANT TO CAA SEC 114(a).
RESPONDENT RESPONDED TO THE INFO REQUEST IN MAY, JUNE, AND AUG 2009.
EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 63.3910(b) WHEN IT DID NOT SUBMIT THE INITIAL NOTIFICATION FOR AN EXISTING AFFECTED SOURCE BY JAN 2, 2005.
EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 63.3950 AND SEC D, PARA 4, COMPLIANCE REQUIREMENTS FOR THE EMISSION RATE WITHOUT ADD-ON CONTROL OPTION, SECTION 63.3950 INITIAL COMPLIANCE DEMONSTRATION DEADLINE OF ITS TITLE V PERMIT, WHEN IT DID NOT CONDUCT AN INITIAL COMPLAINCE DEMONSTRATION DURING THE INITIAL COMPLIANCE PERIOD, WHICH BEGAN ON JAN 2, 2007 AND ENDED ON JAN 31, 2008.
EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 63.3951 AND SEC 3, PARA 4, COMPLIANCE REQUIREMENTS FOR THE EMISSION RATE WITHOUT ADD-ON CONTROL OPTION, SECTION 63.3951 DEMONSTRATION OF INITIAL COMPLIANCE WITH EMISSION LIMITATIONS OF ITS TITLE V PERMIT, WHEN IT DID NOT MEET THE REQUIREMENTS DEMONSTRATING COMPLIANCE WITH THE EMISSION LIMIT DURING THE INITIAL COMPLIANCE PERIOD.
EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 63.3910(c) AND SEC D, PARA 4, NOTIFICATIONS, REPORTS, AND RECORDS, SECTION 63.910(c) NOTIFICATION OF COMPLIANCE STATUS OF ITS TITLE V PERMIT, WHEN IT DID NOT SUB