FAILURE TO MONITOR, REPORT AND RECORD AS REQUIRED BY 40 CFR SECTION 144. RELEASE OF VISIBLE EMISSIONS.
ON NOVEMBER 17, 2004, ADMINISTRATIVE LAW JUDGE WILLIAM B. MORAN, ISSUED AN ORDER DENYING JHNY, INC., A/K/A QUIN-T TECHNICAL PAPERS AND BOARDS' ( RESPONDENT ) MOTION FOR RECONSIDERATION AND TO REOPEN THE HEARING. THE RESPONDENT FAILED TO COMPLY WITH SECTIONS 112 AND 114 OF THE CAA, AND THE REGULATIONS PROMULGATING THE NATIONAL EMISSION STANDARD FOR ASBESTOS ( THE ASBESTOS NESHAP ). ON JULY 12, 2004, JUDGE MORAN GRANTED EPA'S MOTION AND ISSUED A DEFAULT ORDER AND INITIAL DECISION AGAINST RESPONDENT. THE BASIS WAS RESPONDENT'S FAILURE TO FULLY COMPLY WITH THE PRESIDING OFFICER'S FEBRUARY 23, 2004 PREHEARING ORDER. RESPONDENT FILED A MOTION SEEKING TO HAVE THE DEFAULT ORDER RECONSIDERED AND THE HEARING REOPENED. JUDGE MORAN FOUND THAT RESPONDENT'S REQUEST THAT THE HEARING BE REOPENED PURSUANT TO 40 C.F.R. SECTION 22.28 [WAS] IMPROPER SINCE NO EVIDENTIARY HEARING WAS HELD IN [THE] MATTER . AS A RESULT, JUDGE MORAN TREATED RESPONDENT'S MOTION AS A MOTION TO SET ASIDE THE DEFAULT ORDER UNDER SECTION 22.17(c) . JUDGE MORAN ULTIMATELY FOUND THAT RESPONDENT HAD FAILED TO SHOW GOOD CAUSE WHY THE DEFAULT ORDER SHOULD BE SET ASIDE. THE DEFAULT ORDER IMPOSES THE FULL $51,700 PENALTY.
On the EARCNF form, the default Order due date was set for September 30, 2004. Originally, we had to take that date out since the Respondent filed a Motion to Reopen a Hearing, which