# PHELPS DODGE REFIN
> **Judicial** · FY1982 · — · Final Order With Penalty
## Case
- **Activity ID:** `1858`
- **Case Number:** 02-1982-0049
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $20K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- PHELPS DODGE REFIN (complaint) (settlement)
## 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

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