6/14/06 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $42,089. RESPONDENT ALSO AGREES TO PERFORM A SEP.
VIOLATIONS: BASED ON AVAILABLE INFORMATION, EPA DETERMINED THAT THE RESPONDENT OWNED AND OPERATED TWO 1,500 GALLON PAINT STRIPPING VATS LOCATED AT ITS FACILITY IN BUILDING 130, FROM DECEMBER 1, 2001, TO JUNE 18, 2003, WITHOUT SUBMITTED AN APPLICATION FOR THE REQUIRED AIR PERMIT. RESPONDENT FAILED TO OBTAIN THE APPLICABLE AIR PERMIT PRIOR TO INSTALLING THE PAINT STRIPPING VATS AND THEREFORE VIOLATED THE ADEM ADMINISTRATIVE CODE R.335-3-14.01(a), AND (b).
SECTIONS 112(g) AND (j) OF THE CAA AND THE IMPLEMENTED REGULATIONS SET FOR AT 40 CFR 63.43 REQUIRES THAT AN OWNER OR OPERATOR WHO CONSTRUCTS OR RECONSTRUCTS A MAJOR SOURCE OF HAZARDOUS AIR POLLUTNAT IS REQUIRED TO MAKE A CASE-BY-CASE DETERMINATION OF MACT.
BASED ON INFORMATION PROVIDED BY ADEM, RESPONDENT FAILED TO PERFORM A CASE-BY-CASE MACT DETERMINATION RPIOR TO CONSTRUCTING THE TWO PAINT STRIPPING VATS AT ITS FACILITY. THEREFORE, RESPONDENT VIOLATED SECTION 112(g)AND (h) OF THE CAA.
40 CFR 63.466(a)(