EPA has conducted a comprehensive review of the facility-specific information gathered based upon observations made from the OGI video captures, facility permitted operations, and information provided by Respondent. Based on this review, EPA alleges one or more of the following violations for the Facilities: a. Respondent violated NSPS Subpart OOOOa, 40 CFR 60.5370a(b) by failing to maintain and operate the NOI Facility in a manner consistent with good air pollution control practice for minimizing emissions. b. Respondent violated NSPS Subpart OOOOa, 40 CFR 60.5395a(b)(1), by failing to operate the closed vent system of the NOI Facility - which uses control devices or route emissions to process and operate as closed vent systems with no detectable emissions, as determined using olfactory, visual and auditory inspections or optical gas imaging inspections as specified in 40 C.F.R. 60.5416a(c), as required by 40 C.F.R. 60.5411a(c). c. Respondent violated 20 N.M.A.C. 2.72.210(D) by failing to comply with the GCP and NSR permit conditions, as identified in subparagraphs 46.d.46.g.
d. Respondent violated Part A107(A)(1) of the GCP-6 permit by failing to route tank emissions to the GCP vapor recovery unit at all times. e. Respondent violated Part B101(A) of the GCP-6 permit by failing to operate the GCP Facility in accordance with the GCP permit application and any supplemental submittals to NMED. f. Respondent violated Part A203(e) of the NSR permit by failing to operate the vapo