FACILITY FAILED TO PREPARE AND IMPLEMENT ON SPCC PLAN IN ACCORDANCE WITH 40 CFR 112.7, AND FAILED TO AMEND SPCC PLAN FOLLOWING CHANGES AT THE FACILITY. ********5/29/02 THE RESPONDENT REQUESTED A HEARING; THE HEARING WAS HELD WITH A SITE VISIT. THE ALJ ISSUED AN INTIAL DECISION GRANTING $11,475 IN PENALTIES. THE RESPONDENT FILED AN APPEAL BEFORE THE EAB. ON OCTOBER 15, 2001 THE EAB ISSUED A FINAL DECISION WHERE IT LOWER THE PENALTY TO $9,855 USING THE CIVIL PENALTY POLICY INSTEAD OF THE CWA STATUTORY PENALTY FACTORS. ON OCTOBER 26, 2001, EPA FILED A MOTION TO VACATE/RECONSIDER AND ON JANUARY 15, 2002 THE EAB ISSUED AN ORDER GRANTING MOTION TO RECONSIDER AND DENYING MOTION TO VACATE. THE EAB ISSUED A REVISED FINAL DECISION ON JANUARY 15, 2002 WHERE IT KEPT THE $9,855 PENALTY. HOWEVER, THE BOARD AGREED WITH EPA'S POSITION THAT THE STATUTORY PENALTY FACTORS RATER THAN AGENCY PENALTY POLICIES, ARE THE GUIDEPOSTS IN ASSESSING PENALTIES IN A LITIGATION CONTEXT.