The facility failed to file Form R reports for Nitrate Compounds for reporting years 1998-2002.
A telephone settlement conference was held on July 7, 2004. The case was assigned to ORC since it could not be settled by PTSB. On Feb. 16, 2005, another settlement conference was held. At this meeting, the facility agreed to settle and conduct the Supplemental Environmental Project (SEP).
A 15% reduction was allowed for the complete cooperation extended to EPA throughout the entire compliance evaluation and enforcement process. Another 15% reduction was allowed in consideration of the facility's good faith efforts in rapidly coming into compliance with EPCRA. The facility filed all Form R reports at issue. Due to Respondent's willingness to settle this matter in an expeditious manner, an additonnal 10% reduction was allowed under the as justice may require portion of the ERP, in consideration of the savings to the Agency in time and the costs of litigation.
The Respondent proposed to conduct a SEP, which they would install six months after the CAFO is signed by the Regional Administrator. The Respondent has agreed to install the Fume Free Dissolving Process (FFDP) in their silver nitrate manufacturing line. Currently, the facility manufactures silver nitrate by dissolving silver ingots in nitric acid which produces fumes of Nitrogen Oxide. These fumes have to be scrubbed and incinerated. The FFDP would introduce hydrogen peroxide as an oxidzing agent. The