THIS REFERRAL IS BASED ON EVIDENCE GATHERED DURING INSPECTIONS CONDUCTEDBY THE STATE OF OHIO AND THE UNITED STATES EPA, AND CORRESPONDENCEBETWEEN OHIO AND NEW BOSTON. THE INSPECTIONS AND DOCUMENTATION CONFIRMTHAT NEW BOSTON HAS FAILED TO CONTROL THE BENZENE EMISSIONS FROM ITSCOKE BY-PRODUCT RECOVERY PROCESSES AS REQUIRED BY SUBPART L OF THEBENZENE NESHAP, AND TO COMPLY WITH THE RECORDKEEPING AND REPORTINGREQUIREMENTS OF SUBPARTS L AND V. FURHTERMORE, NEW BOSTON HAS OPERATEDITS COKE BY-PRODUCT PLANT WITHOUT A WAIVER, WHICH CONSTITUTES AVIOLATION OF SUBPART A OF THE NESHAP RULES. ON 8/9/91, EPA ISSUED AFINDING OF VIOLATION TO NEW BOSTON CITING THESE VIOLATIONS. IN ADDITION TO THE NESHAP VIOLATIONS, NEW BOSTON IS IN VIOLATION OFAN 4/25/86, CONSENT ORDER ENTERED IN THE U.S. DISTRICT COURT FOR THESOUTHERN DISTRICT OF OHIO. THAT ORDER ADDRESSED VIOLATIONS OF THE OHIOSTATE IMPLEMENTATION PLAN (SIP)