4/8/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,000, DUE WITHIN 30 DAYS.
FACTUAL ALLEGATIONS: UPON INFORMATION AND BELIEF, ACRYLUX FAILED TO COMPLY WITH THE INITIAL NOTIFICATION REQUIREMENTS FROM SEPTEMBER 1999 (THE POINT AT WHICH EPA REGULATIONS FIRST REQUIRED NOTIFICATION) UNTIL FEBRUARY 9, 2005. IN ACCORDANCE WITH 40 CFR 59.408, NOTICE WAS DUE TO EPA BY ACRYLUX ON OR ABOUT SEPTEMBER 13, 1999, BUT AT LEAST 180 DAYS PRIOR TO THE FEBRUARY 9, 2005, SUBMITTAL. THEREFORE, ACRYLUX VIOLATED THE INITIAL NOTIFICATION REQUIREMENTS OF THE FEDERAL REGULATIONS. ON FEBRUARY 9, 2005, IN RESPONSE TO AN INFORMATION REQUEST SENT BY EPA PURSUANT TO 42 U.S.C. 7414, ACRYLUX PROVIDED EPA WITH INITIAL NOTIFICATION AND ALL REPORTS DUE UP TO THAT DAT