EPA alleges that, at least as early as 2013, the Defendant illegally erected a pit stack emission unit through which it was emitting high levels of the hazardous air pollutant and volatile organic compound, toluene, without any pollution controls, without having obtained a permit to construct the emission unit, and without having modified its Clean Air Act operating permit to include the emission unit and applicable limits. These actions violate several provisions of New York's federally enforceable State Implementation Plan (SIP) that implement the National Ambient Air Quality Standards (NAAQS) for ozone. The violations were discovered by the EPA during its inspection of the facility on July 12 and 13, 2016, and include (1) failure to obtain a permit to construct a new emission unit; (2) failure to apply for a modification of the facility's existing Title V permit within one year of the commencement of operation of a new emission unit; (3) failure to perform a RACT demonstration before commencing operation of the pit stack; (4) failure to install RACT before commencing operation of the pit stack; (5) failure to accurately report toluene emissions in annual emissions statements from 2007 through 2015; and (6) failure to maintain reports of its toluene emissions for at least five years. The EPA seeks injunctive relief and a civil penalty to resolve these violations.
Supplemental referral, dated March 19, 2021, added counts under the CWA.
On October 10, 2023, the United S