EPA HAS DETERMINED THAT THE INSTALLATION OF THE NEW DRYING TOWER AND THE RE-TUBING OF THE ECONOMIZER AT THE DUPONT PLANT IN WURTLAND, KY, WERE NOT ROUTINE MAINTENANCE, REPAIR, AND REPLACEMENT. THE UPGRADES TO THE PLANT WERE MAJOR MODIFICATIONS WHICH SHOULD HAVE TRIGGERED PSD ASSESSMENT AND REVIEW PURSUANT TO THE REGULATIONS AT 40 CFR 52.21. REGION 4 HAS CALCULATED A DRAFT PENALTY FOR THE WURTLAND FACILITY OF $1,988,277. EPA AND DUPONT AGREE TO ENTER INTO NEGOTIATIONS FOR A NATIONAL CONSENT DECREE. THE NATIONAL SETTLEMENT WOULD RESOLVE NSPS AND PSD VIOLATIONS AT ALL FIVE DUPONT SULFURIC ACID PLANTS. REGION 4 ANTICIPATES PLAYING AN ACTIVE ROLE IN TECHNICAL MEETINGS AND NEGOTIATIONS