S.D. Warren made major modifications to its recovery furnace which resulted in significant net emissions increases triggering the requirement to obtain a permit and install appropriate air pollution control equipment prior to beginning the modifications. On December 19, 2003, USEPA issued S.D. Warren a Notice of Violation (NOV)for the PSD violations, and a Finding of Violation (FOV) for the NSPD reconstruction provision violations and Subpart BB violations. Under the Consent Decree, S.D. Warren will come into compliance with the Act through the shut-down of its recovery furnace. If the recovery furnace is reactivated, it will become a new source as that term is defined under the Act and S.D. Warren must apply for the proper PSD and NSPS permits applicable to new sources and must notify the USEPA of its decision to reactivate the recovery boiler.