Tower Industries, LLC manufactures solid surface kitchen and bathroom fixtures using surface gel coat spraying and casting processes. Tower conducted manufacturing operations at 655 Third Street NW, Massillon, Ohio (the ���Third Street facility���) beginning approximately in the fall of 1995 after it received a Permit to Install (PTI) from the Ohio EPA, and ceased operations at the Third Street facility, prior to December 2003, after it reportedly lost its lease on the building. Tower subsequently bought a building for its business and relocated its manufacturing operations to this building, located at 2101 S. Ninth Street SW, Massillon, Ohio (the Ninth Street facility ) and began operation on December 8, 2003.
On May 27, 2004, U.S. EPA, Region 5 issued a Finding of Violation (FOV) and Notice of Violation (NOV) to Tower for alleged violations at its Ninth Street facility. Specifically, U.S. EPA determined that Tower had violated had violated Sections 112 and 113 of the Act, 42 U.S.C. ���� 7412 and 7413, and the Ohio SIP, OAC 3745-31-02, with regard to its Ninth Street facility when it failed to submit a PTI application, failed to obtain a PTI prior to commencing construction of an air pollution emission source, failed to obtain a MACT determination prior to actual construction of a process or production unit that is a major MACT source, used casting resin and gel coats that exceeded the organic HAP emission limits contained in 40 C.F.R. �� 63.580