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PHELPS DODGE REFIN

Judicial · FY1982 · — · Final Order With Penalty · 1858

$20K
Penalty
Cost recovery
Compliance action

Case

Case Number
02-1982-0049
Type
Judicial
Lead
EPA
Outcome
Final Order With Penalty
Multimedia
N
Self-disclosure
N

Defendants (1)

Summary

NATURE OF THE CASE: OPACITY VIOL'S AT THE #1 WIREBAR FURNACE & WASTE HEAT BOILER. AREA IS PRIMARY ATTAINMENT FOR TSP, NONAT- TAINMENT FOR SECONDARY TSP. ITS EMISSION POINT G, THE #1 WIREBAR FURNACE, W/OPACITIES IN EXCESS OF THE MAXIMUM PERMITTED UNDER THE APPLICABLE NY STATE REGULATION, SEC 212.7, TITLE 6, OFFICIAL COMPLI- LATION OF CODES, RULES & REGULATIONS OF THE STATE OF NY ( NYCRR ). FURTHER VISIBLE EMISSIONS EVALUATIONS WERE PERFORMED AT THE FACILITY LATER THE SAME YEAR, WHICH SHOWED ADDITIONAL VIOL'S OF THIS REGULATION. IN 1979 WE DISCOVERED THAT, DUE TO AN OVERSIGHT YEARS EARLIER, 6 NYCRR SEC 212.7 HAD NEVER ACTUALLY BEEN APPROVED BY EPA AS PART OF THE NY STATE IMPLEMENTATION PLAN(SIP) PURSUANT TO SEC 110 OF THE CAA. CONSEQUENTLY, ENFORCEMENT EFFORTS WERE AT THAT TIME SHIFTED FROM EPA TO THE NY STATE DEPT OF ENVIRONMENTAL CONSERVATION(NYSDEC) WHICH COULD, OF COURSE, ENFORCE ITS OWN REGULATIONS. IN RESPONSE TO EPA & NYSDEC PRESSURE, THE CO MADE SOME EFFORTS TO UPGRADE ITS PERFORMANCE, THOUGH IT WAS NEVER FULLY SUCCESSFUL IN REDUCING THE OPACITY OF ITS EM- ISSIONS. A STACK TEST PERFORMED IN 1/80 ON THE EMISSIONS POINT IN QUESTION SHOWED MARGINAL COMPLIANCE W/APPLICABLE MASS EMISSIONS LIMITATIONS; AN EPA REVIEW, HOWEVER, INDI- CATED THAT THE OPERATING CONDITIONS DU

Source

Authoritative
EPA ECHO
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