IN THE UNITED STATES DISTRICT COURT
 

FOR THE SOUTHERN DISTRICT OF OHIO
 

WESTERN DIVISION
 

OF AMERICA, 

Plaintiff, 

UNITED STATES 


v. 

E.!. DU PONT DE NEMOURS & CO.,	 Civil Action No. r 

Defendant. CONSENT DECREE 
TABLE OF CONTENTS: 

i. JURISDICTION AND VENUE.........................................:............... 4
 

II. APPLICABILITy............. ..... ................. ...... ......... ;...... ........... ......... 5 .
 

III. DEFINITIONS.......... ,..... ........ .................... ........ ................... ... ..... .... 6
 

IV. CIVIL PENALTY ............................................................................... 9
 

V. COMPLIANCE REQUIREMENTS ................................................ LL
 

VI. PERMITS ......................................................................................... 20
 

VII. REPORTING REQUIREMENTS.................. ...... ........ .... ................ 23
 

VIII. STIPULATED PENALTIES ............................:..............................26
 

IX. FORCE MAJEURE.................... ..... ............ ........ ......... ....... .... ...... ... 3L
 

X. DISPUTE RESOLUTION .............................................................. 34
 

XI. INFORMATION COLLECTION AND RETENTION................... 36
 

XII. EFFECT OF SETTLEMENT/RESERV ATION OF RIGHTS......... 38
 

XIII. COSTS .................... ........ ................ ....... ......... ............... .................. 39
 

XIV. NOTICES.. ......... ....................... ....................... ..... ........... ....... ..... .... 40
 

XV. EFFECTIVE DATE ......... .......... ,..... .... .................................... ........ 43
 

XVI. RETENTION OF JURISDICTION ................................................. 43
 

XVII. MODIFICATION .................................................................. ..........43
 

XVIII. TERMINATION.......... ......... ......................... ....................... _........... 43
 

XIX. PUBLIC PARTICIPATION ............................................................44
 

XX. SIGNA TORIES/SER VICE............ ..................... ............. ................ 45
 

XXI. INTEGRATION ............................................................................... 46
 

XXII. FINAL JUDGMENT....... ... .......... ............. ........ .............. ................. 46
 

XXIII. APPENDICES . ..................... ........ ................................................... 46
 
WHEREAS, Plaintiff United States of America, on behalf of the United States 

Environmental Protection Agency (US. EP A), has fied a complaint concurrently with this 

Consent Decree, alleging that Defendant E.I. du Pont de Nemours and Company ("DuPont" or 

"Defendant"), violated Sections III and l65, 42 U.S.c. §§ 74ll and 7475, of 
 the Cleai Air Act 

("CAA" or "Act"), 42 US.C. § 740l et seq., the Title V 
 Permit requirements ofthe Act, 42

US.c. § 766l; and the federally enforceable State Implementation Plans (SIPs) for Kentucky,
 

Louisiana, Ohio and Virginia approved by EPA pursuant to Section iiO of 
 the Act, 42 U.S.C. § 

7410, which incorporate and/or implement the above-listed federal requirements, with respect 

to emissions of sulfu dioxide and sulfuric acid mist; 

WHEREAS, the Complaint against DuPont alleges that DuPont constructed, 

reconstructed or modified certain 
 Sulfuric Acid ~lants without obtaining required permits, 

installng required control technology, meeting emission limits, and complying with 

requirements for monitoring, record-keeping and reporting, as specified in the Act; 

WHEREAS, the State of Ohio, the State of Louisiana, and David K. Paylor, Director, 

Virginia Department of 
 Environmental Quality (collectively, the "State Plaintiffs") have fied 

Complaints in Intervention joining in the claims of 
 the United States, and all Paries consent to 

such intervention; 

WHEREAS, DuPont has agreed to reduce emissions from the four Sulfuric Acid Plants 

named in the Complaint and subject to this Consent Decree to levels no greater than emission 

levels equivalent to those that would result from the use of 
 Best Available Control Technology 

best work 

practices at these Sulfuric Acid Plants; 

(BACT), as defined at 40 C.F.R. § 52.21(b)(12), and to continue implementing 


WHEREAS, DuPont does not admit any liability to the United States or any of the State
 

Plaintiffs arising out of the acts or omissions 
 alleged in the Complaint and this Consent Decree 

resolves all allegations stated in the United States' and State Plaintiffs' Complaints, and nothing 

3 
in the Complaint or this Consent Decree, nor the execution and implementation of this Consent 

Decree, shall be treated as an admission or evidence of any violation of the Act and 

implementing regulations .cited herein in any litigation or forum whatsoever, provided that the 

terms of this Consent Decree may be used in any action or dispute resolution proceeding to 

enforce the terms of 
 this Consent Decree; 

WHEREAS, DuPont has worked cooperatively with the United States and State 

Plaintiffs to structure a comprehensive program that will result in significant reductions of 

sulfur dioxide emissions annually from four DuPont Sulfuric Acid Plants in four states; 

WHEREAS, the Parties recognize, and the Cour by entering this Consent Decree finds, 

that this Consent Decree has been negotiated by the Parties in good faith, wil avoid litigation 

among the Parties and that this Consent Decree is fair, reasonable, and in the public interest; 

NOW, THEREFORE, before the taking of any testimony, without the adjudication or 

admission of any issue of fact or law except as provided in Section I, below, and with the 

consent of 
 the Parties, IT IS HEREBY ADJUDGED, ORDERED, AND DECREED as follows: 

i. JURISDICTION AND VENUE
 

1. This Court has jurisdiction over the subject matter of this action, pursuant to 28
 

US.c. §§ 133l, l345, and 1355, and Section l13(b) ofthe Act, 42 U.S.c. § 7413(b), and over 

the Paries. Venue lies in this District pursuant to Section l13(b) of 
 the Act, 42 US.C. § 

7413(b), and 28U.S.C. §§ 139l(b) and (c) and 1395(a), because some ofthe violations alleged 

in the Complaint are alleged to have occurred in, and Defendant conducts business in, this 

judicial district. Defendant consents to this Court's jurisdiction over this Consent Decree and 

any action to enforce this Consent Decree, and to venue in this judicial district. For purposes of 

this Consent Decree and any action to enforce this Consent Decree, Defendant consents to this 

Cour's jurisdiction over the Defendant. 

2. For purposes ofthis Consent Decree, Defendant agrees that the Complaint and the
 

4
 
State Plaintiffs' Complaints in Intervention state claims upon which relief 
 may be granted 

pursuant to Sections III and 165 of 
 the Act, 42 U.S.C. §§ 74ll, 7475 and/or pursuant to state 

law. 

3. Notice of the commencement of this action has been given to the States of Louisiana 

and Ohio and to the COmronwealths of Kentucky and Virginia, as required by Section l13 of 

the Act, 42 U.S.C. 7413. 

II. APPLICABILITY
 

4. The obligations of 
 this Consent Decree apply to and are binding upon the United 

States and the State Plaintiffs, and upon Defendant 
 and its officers, employees, agents, 

subsidiaries, successors, assigns, or other entities or persons otherwise bound by law. 

5. At least 30 days prior to any transfer of ownership or operation of any of the 

Facilities or any portion thereof, Defendant shall provide a copy ofthis Consent Decree to the' 

proposed transferee and shall simultaneously provide written notice 
 of the prospective transfer 

to the United States and to the State Plaintiff in which the relevant Facility is located, in 

accordance with Section XIV ofthis Decree (Notices). Any attempt to transfer oWnership or 

operation of a Facility, or any portion thereof, without complying with, the foregoing notice 

requirements constitutes 
 a violation ofthis Decree. No such transfer, whether in compliance 

with the notice requirements of this Paragraph or otherwise, shall relieve Defendant of its 

obligation to ensure that the terms of the Decree are implemented with respect to the 

Facility(ies) involved in 
 the transfer, unless: 

a. the transferee agrees in writing to undertake the obligations required by this 

Consent Decree with respect to the Facility(ies) being transferred, and to intervene as a 

Defendant in this action for the purpose of being bound by the applicable terms of this Consent 

Decree; and 

b. the United States and the State Plaintiff, after receiving information
 

5 
sufficient to demonstrate that the transferee has the technical and financial means to comply 

with the applicable obligations of this Consent Decree, consent in writing to substitute the 

transferee for Defendant with respect to such obligations; and 

c. the Cour approves such substitution.
 

6. In any action to enforce this Consent Decree, Defendant shall not raise as a defense
 

the failure by any of its officers, directors, employees, agents, or contractors to tae any actions 

necessary to comply with the provisions of this Consent Decree. 

III. DEFINITIONS
 

7. Terms used in this Consent Decree that are defined in the Act or in federal and state 

regulations promulgated pursuant to the Act shall have the meanings assi~ned to them in the 

Act or such regulations, unless otherwise provided in this Decree. Whenever the terms set forth 

below are used in this Consent Decree, the following definitions shall apply: 

a. "Acid mise shall mean the pollutant sulfuric acid mist. 

b. "Burside" shall mean DuPont's Facility located at 3460 SR-44, Darrow, LA
 

70725. 

appendices attached hereto (listed in Section XXIII), but in the event of any confict between 

the text of this Consent Decree and any Appendix, the text of this Consent Decree shall control. 

f. "Day" shall mean a calendar day unless expressly stated to be a working day.
 

In computing any period of time under this Consent Decree, where the last day would fall on a 

6
 
Satuday, Sunday, or federal or State holiday, the period shall run until the close of 
 business of 

the next working day. 

g. "Defendant" shall mean E.I. du Pont de Nemours & Co.
 

h. "Effective Date" shall have the meaning given in Paragraph 84.
 

1. "Facilities" shall mean DuPont's Burside, Fort Hil, James River, and
 

Wurtland operating sites that contain Sulfuric Acid Plants. Each of 
 these Sites may be referred 

to as a "Facility." 

7
 
Produced" . 

u. "Section" shall mean a portion of this Consent Decree identified by a roman
 

numeral. 

v. "Short-term Limit" shall mean an emission limit for a pollutant for a Sulfuric
 

Acid Plant specified herein, expressed in terms of pounds emitted per ton of LOO% Sulfuric 

Acid Produced ("lbs/ton"), averaged over each 3-hour period consisting of 
 the most recently 

completed hour and the two hours preceding it. 

8 
w. "Shutdown" shall 
 mean the cessation of operation of a Sulfuic Acid Plant

for any reason. Shutdown begins at the time the feed of sulfu or sulfu-bearing materials to the 

furnace ceases. 

x. "SOz" shall mean the pollutant sulfur dioxide.
 

y. "Stap" shall mean, with respect to any Sulfuric Acid Plant, the period of
 

. time, beginning when the feed of sulfur or sulfu-bearing materials to the furnace commences 

and lasting for no more than 24 hours, during which a Sulfuric Acid Plant has an elevated rate 

of SOz emissions. 

z. "State Plaintiffs" or "States" shall mean the State of Louisiana, the State of
 

Ohio, and David K. Paylor, Director, Virginia Department of Environmental Quality. 

process unit engaged in the 

production of sulfuric acid and related products using the contact process. DuPont operates 

aa. "Sulfuric Acid Plant" or "Plant" shall mean a 


Sulfuric Acid Plants, that are subject to the requirements of 
 this Consent Decree, at the

Burnside, Fort Hil, James River, and 
 Wurland Facilities.

bb. "Title V Permit" shall mean a permit required by or issued pursuat to the
 

requirements of 42 U.S.C. §§ 766l - 766lf.
 

cc. "Ton" or "tons" shall mean short ton or short tons.
 

dd. "United States" shall mean the United States of America, acting on behalf of
 

U.S. EPA. 

ee. "U.S. EP A" shall mean the United States Environmental Protection Agency 

iv. CIVIL PENALTY
 

8. Within thirty (30) days after the Effective Date ofthis Consent Decree, Defendant
 

9
 
shall pay to the Plaintiffs $4, l25,000 (four milion one hundred twenty-five thousand dollars) as 

a civil penalty, in the following manner: 

a. $2,475,000 to the United States 
 by FedWire Electronic Funds Transfer (EFT) 

to the U.S. Deparment of Justice in accordance with instructions to be provided to Defendant, 

following lodging of 
 the Consent Decree, by the Financial Litigation Unit ofthe United States 

Attorney's Office for the Southern District of Ohio. At the time of payment, Defendant shall 

simultaeously send written notice of payment and a copy of any transmittl documentation 

(which shall reference DOJ case number 90-5-2-1-07950, USAO fie number 2007VOL500, 

and the civil action number of 
 this case) to the United States in accordance with Section xiv of 

this Decree (Notices). 

b.. $550,000 to the State of 
 Louisiana by certified check made payable to the 

Louisiana, Department of Environmental Quality and sent to Darrl Serio, Fiscal Director, 

Office of 
 Management and Finance, LDEQ, P.O. Box 4303, Baton Rouge, Louisiana 7082l4303. 

c. $550,000 to the State of Ohio by cashier's certified check payable to the
 

order of "Treasurer, State of Ohio" and delivered to Marha Sexton, Paralegal, or her successor, 

Offce of the Attorney General of 
 Ohio, Environmental Enforcement Section, 30 East Broad 

Street, 25th Floor, Columbus, Ohio 43215-3400. The memo portion of 
 the check, or some 

other prominent location on the transmittal 
 letter or documentation, shall include reference to 

"A. G. EAGO No. 340756." Twenty percent (20%) of 
 the civil penalty paid to the State of 

Ohio, totaling $ll 0,000, shall be directed to Ohio EP A's Clean Diesel School Bus Program 

Fund (Fund 5CD). The balance shall be deposit~d in accordance with R. C. 3704.06. 

d. $550,000 to the Commonwealth of Virginia in the form of a certified check 

or cashier's check, payable to "the Treasurer of Virginia" and 
 delivered to: Receipts Control, 

Deparment of 
 Environmental Quality P.O. Box l104, Richmond, VA 23218. 

10
 
9. If any portion of the civil penalty due to the United States or a State Plaintiff is not 

paid when due, Defendant shall pay interest on the amount past due, accruing from the 

Effective Date through the date of payment, at the rate specified in 28 US.C. § 1961. Interest 

payment under this Paragraph shall be in addition to any stipulated penalty due. 

10. No amount ofthe civil penalty or interest paid by Defendant shall be used to reduce 

its federal or state tax obligations. 

V. COMPLIANCE REQUIREMENTS
 

11. . SOz Emission Limits, Mass Caps, and Schedule of Compliance:
 

a. Burnside: No later than September 1,2009, the Burside Sulfuric Acid Plant
 

shall meet a short-tèrm SOz emission limit of2.4 lbs/ton and shall be subject to a Mass Cap of 

1007 tons. Defendant shall demonstrate compliance with this Mass Cap as of September 1, 

2010 for the 12-month period of September 2009 through August 2010, and thereafter as of the 

first of each month for the immediately preceding consecutive 12-month period, in the maner 

specified in Paragraph 19.a.ii. 

b. James River: No later than March 1,2010, the James River Sulfuic Acid
 

Plant shall meet a short-term SOz emission limit of 1.5 lbs/ton and shall be subject to a Mass 

Cap of 123 tons. Defendant shall demonstrate compliance with this Mass Cap as of 
 March 1, 

2011 for the 12-month period of March 2010 through February 2011, and thereafter as of the 

first of each month for the immediately preceding consecutive 12-month period, in the maner 

specified in Paragraph 19.a.ii. 

c. Fort Hill: No later than March 1,2011 or the Alternate Compliance Date if
 

selected, the Fort Hil Sulfuric Acid Plant shall meet a short-term SOz emission limit of 2.2 

lbs/ton and shall 
 be subject to a Mass Cap of 281 tons. Defendant shall demonstrate 

compliance with this Mass Cap as of March l, 2012 (for the 12-month period of March 2011
 

through February 2012), or as of March 1,2013 (for the l2-month period of March 2012 

11 
through February 2013) if the Alternate Compliance Date is selected; and thereafter as of the 

first of each month for the immediately preceding consecutive 12-month period, in the manner 

specified in Paragraph 19.a.ii. 

d. Wurtland: No later than March 1,2012 or the Alternate Compliance Date if
 

selected, the Wurtland Sulfuic Acid Plant shall meet a short-term SOz emission limit of 1.7 

lbs/ton and shall be subject to a Mass Cap of 248 tons. Defendant shall demonstrate 

compliance with this Mass Cap as of March 1,2013 (for the 12-month period of March 2012 

through February 20l3), or as of March 1, 2012 (for the 12-month period of 
 March 2011


through February 2012) ifthe Alternate Compliance Date is selected; and thereafter as of the 

first of each month for the immediately preceding consecutive 12-month period, in the manner 

specified in Paragraph 19.a.ii. 

12. SOz Emission Limits Durng Starup: After the date specified in Paragraph 11 for 

each Sulfuic Acid Plant's compliance with the short-term SOz emission limit, that short-term 

emission limit shall apply at all times (including periods of Shutdown), except for periods of 

Starup and Malfuction. 

a. Notwithstanding the provisions of 
 Paragraph 11, after the date specified in 

Paragraph II for compliance at each Sulfuic Acid Plant, for any three-hour period that includes 

at least one hour during Staup, each Sulfuric Acid Plant shall meet the Short-term Limit for 

SOz emissions specified in Appendix A. 

b. The Short-term Limits on SOz emissions specified in Appendix A shall apply 

during any Malfunction period that occurs during Staup, unless the total mass of SOz 

emissions that result from keeping the Plant in operation during and after the Malfunction is in 

good faith estimated to be less than the total SOz emissions that would result from shutting 

down the Plant during Malfunction and subsequently having another Startup at that Sulfuric 

Acid Plant. Consistent wìthParagraph 17, Defendant shall take all steps practicable to 

12
 
13
 
dates specified for compliance in Paragraph 11. If Defendant so selects the Alternate 

Compliance Dates, then: 

a. the Fort Hil Plant shall meet the interim SOz emission limit specified in
 

Paragraph 13.a from the beginning time specified in Paragraph 13.a and continuing until March 

1,2012; shall meet the short-term SOz emission limit specified in Paragraph l1.c and the acid 

mist emission limit specified in Paragraph 14 no later than March 1, 2012; and shall 

demonstrate compliance with the Mass Cap specified in Paragraph 11.c as of March 1, 2013 

(for the 12-month period of 
 March 2012 through February 2013); and

b. the Wurland Plant shall meet the interim SOz emission limit specified in
 

Paragraph 13.b from the beginning time specified in Paragraph 13.b and continuing until March 

1, 2011; shall meet the short-term SOz emission limit specified in Paragraph 11.d and the acid 

mist emission limit specified in Paragraph 14 no later than March 1, 2011; and shall 

demonstrate compliance with the Mass Cap specified in Paragraph l1.d as of 
 March 1,2012 

March 2011 through February 2012). (for the 12-month period of 


16. NSPS Applicability: Each Sulfuric Acid Plant covered by this Consent Decree shall 

be considered an affected facility for puroses of the New Source Performance Standard 

(NSPS), 40 C.F.R. Part 60, Subpar H, no later than the date specified for compliance with the 

SOz emission limit for such Plant as set forth in Paragraph 11 above. After such date, each 

Sulfuic Acid Plant shall comply with all applicable requirements for affected facilìties under 

the NSPS 40 C.F.R. Part 60, Subparts A and H, or with the requirements of this Consent Decree 

if more stringent. Satisfactory compliance with notice and compliance demonstration 

obligations set forth in this Consent Decree shall be deemed 
 to satisfy all applicable initial 

notification and compliance demonstration requirements ofNSPS Subpars A and R 

17. Best Practices: Atall times after the Effective Date of 
 this Consent Decree, 

including periods of 
 Startup, Shutdown, and Malfunction,.Defendant shall to the extent 

14
 
practicable maintain and operate each of its Sulfuric Acid Plants, including associated air 

pollution control equipment, in a maner consistent with good air pollution control practices for 

minimizing emissions, consistent 
 with 40 C.F.R. § 60.1l (d). 

18. 0 & M Plans: Defendant shall prepare an Operation and Maintenance Plan ("0 & M 

Plan") for each Sulfuric Acid Plant. Each 0 & M plan shall describe operating and 

maintenance procedures necessary to (1) minimize the frequency of Sulfuic Acid Plant 

Shutdowns (thereby reducing the number of Starups of each Sulfuric Acid Plant) and (2) 

minimize the quantity of emissions of all pollutants at all times, including periods of Starup 

and Malfunction.
 

a. For the Burside Sulfuic Acid Plant, Defendant shall submit a proposed 0
 

& M Plan to U.S. EP A and the State of Louisiana no later 
 than 180 days after the Effective Date

. of this Consent Decree. For the James River, Fort Hill, and Wurland Plants, Defendant shall 

submit a proposed 0 & MPlan to U.S. EPA and to the State Plaintiff in which the Plant is 

compliance with the. 

short-term SOz emission limit applicable to that Plant. U.S. EP A will review the 0 & M Plan 

for each Sulfuic Acid Plant and, after a reasonable opportunity for review and comment by the 

pertinent State, may in writing approve, disapprove, or approve with modifications, the 0 & M 

located no later than 120 days before the date specified in Paragraph 11 for 


Plan. If 
 U.S. EPAdisapproves any 0 & M Plan submitted by Defendant, within 60 days of 

receipt of the disapproval Defendant shall submit a revised 0 & M Plan correcting the 

deficiencies noted in the disapproval. 

b. On and after the date specified in Paragraph 11 for compliance with the
 

short-term SOz emission limit applicable to a Plant, Defendant shall comply with the 0 & M 

Plan for that Plant unless and until such 0 & M Plan is disapproved or approved with 

modifications. Any failure to so comply shall be a violation ofthis Consent Decree. Once an 0 

& M Plan has been approved or approved with modifications, Defendant shall comply with that 

15
 
0& M Plan as approved, and failure to do so shall be a violation ofthisConsent Decree. Any 

failure by U.S. EP A to act on a submitted 0 & M Plan shall not extend the compliance dates 

specified in Paragraphs 1l and 13 nor excuse any non-compliance wìth any emission limit or 

Mass Cap specified in this Consent Decree. 

c. No less frequently than once every three years, Defendant shall review, and
 

update as necessary, its approved 0 & M Plan for each Sulfuic Acid Plant. Within 30 days 

after each such review, Defendant shall provide written notice to U.S. EP A and to the State 

Plaintiff in which the relevant Plant is located either (1) of changes made to the 0 & M Plan or 

(2) that no change to the 0 & M Plan was required. US.EP A may, after a reasonable 

opportunity for review and comment by the pertinent State, 
 approve, disapprove, or approve 

with modifications, any changes to an 0 & M Plan pursuant to this sub-Paragraph. Defendant 

shall comply with each changed 0 & M Plan immediately upon submission of the changes 

uness and until the changes are disapproved or approved with modifications, and any failure to 

so comply shall be a violation of this Consent Decree. Once changes to an 0 & M Plan have 

been approved or approved with modifications, Defendant shall comply with the changed 0 & 

M Plan as approved, and failure to do so shall be a violation of this Consent Decree. Any 

failure by U.S. EP A to act on submitted changes to an 0 & M Plan shall not extend the 

. compliance dates specified in Paragraphs 11 and 13 nor excuse any non-:compliance with any 

emission limit or Mass Cap specified in this Consent Decree. 

d. Any disapproval or approval with modifications by US. EP A under this
 

Paragraph shall be subject to Dispute Resolution pursuant to Section X. 

19. Emissions Monitoring:
 

a. At each of its Sulfuric Acid Plants, no later than the earlier of (i) the date 

specified for compliance with the SOz emission limit for such Plant as set forth in Paragraph 11 

or (ii) the date specified for compliance with the interim SOz emission limit for such Plant as set 

16
 
l7 
or approve it with modifications. Such approval, disapproval, or approval with modifications 

shall be in writing. If a SOz CEMS Plan is disapproved; within 60 days of receipt of the 

disapproval, Defendant shall submit a revised SOz CEMS Plan that corrects deficiencies noted 

in the disapproval. Once an SOz CEMS Plan has been approved or approved with 

modifications, Defendant shall, upon installation of the SOz CEMS at each Sulfuric Acid Plant, 

implement and thereafter comply with the SOz CEMS Plan, and failure to do so shall be a 

violation of 
 this Consent Decree. Any failure by U.S. EPA to act on a submitted SOz CEMS 

Plan shall neither extend the dates by which the SOz CEMS must be installed nor excuse any 

non-compliance wìth the SOz CEMS monitoring requirements of this Paragraph. Approval of 

each SOz CEMS Plan shall constitute approval of an alternative monitoring plan for purposes of 

NSPS, per 40 C.F.R. § 60. 13 (i). 

c. Defendant shall take all steps necessary to avoid CEMS breakdowns and 

minimize CEMS downtime. This shall include, but is not limited to, operating and maintaining 

the CEMS in accordance with best practices and maintaining an on-site inventory of spare parts 

or other supplies necessar to make rapid repairs to the equipment. 

d. In the event ofCEMS downtime lasting longer than 
 24 hours, Defendant

shall demonstrate compliance with the applicable SOz emission limits and Mass Caps in 

Paragraph 11, 12, and 13 using suitable methods, e.g., the Reich test, National Air Pollution 

Control Administration Publication No. 999-AP-13. Reich tests or tests using other suitable 

methods shall be conducted and analyzed once every three hours while the Sulfuric Acid Plant 

is operating until the CEMS resumes operation. Reich test data or data from other suitable test 

event of 

downtime of the flow monitor or other equipment necessary for a Reich test or other suitable 

test method, Defendant shall estimate and record the SOz mass emission rate in accordance with 

best engineering judgment. 

l8 

methods shall be converted to units of lbs/ton using best engineering judgment. In the 

20. Performance Testing
 

a. For each Sulfuric Acid Plant, Defendant shall conduct the following
 

performance tests, and shall submit to U.S. EP A and to the State in which the Sulfuric Acid 

Plant is located a report documenting the results of the performance tests, no later than 180 days 

after the date specified in Paragraph 11 above for such Sulfuric Acid Plant's compliance with 

its short-term SOz emission limit: 

. 

1. a performance test measuring the emission rate. of acid mist from 

each Sulfuric Acid Plant in accordance with the applicable requirements of 40 C.F.R Part 60 

Appendix A, Reference Method 8, or an alternative method approved by EP A. This 

performance test shall be used to demonstrate compliance with the acid mist emission limit 

established in Paragraph 14 and may serve as the NSPS performance test required under 40 

C.F.R. § 60.8. Defendant shall tae all steps necessary to assure accurate measurements of 

100% sulfuric acid production during each test ru. 

11. a performance test measuring the emission rate of SOz from each
 

Sulfuric Acid Plant, in accordance with the applicable requirements of 40 C.F.R. Par 60 

Appendix A, Reference Method 8, and Part 60 Appendix B, Performance Specification 2. This 

test shall consist of at least nine reference method test rus and may serve as the CEMS relative 

accuracy test required under Performance Specification 2. If applicable, this test may also serve 

as the NSPS performance test required under 40 C.F.R. § 60.8. Defendant shall take all steps, 

necessary to assure accurate measurements of 100% sulfuric acid production during each test 

ru. 

b. No later than 30 days before any performance test required by this Consent 

Decree is conducted, Defendant shall provide notice of its intent to conduct such test to U.S. 

EP A and the State in which the Sulfuric Acid Plant is located, using the procedures specified in 

Section xiv (Notice). This notification must include the scheduled date of 
 the test, an

19
 
emissions test protocol, a description of the planned operating rate and operating conditions, 

and the procedures that will be used to measure 100% sulfuric acid production. If U.S. EPA or 

the State Plaintiff requires any adjustment of the testing protocol or operating conditions, 

Defendant shall make such adjustments and conduct the 
 performance test in conformity with 

U.S. EPA's and the State's requirements. 

21. Facility Shutdown: Defendant, in its sole discretion, may permanently cease
 

operation of any Facility, except Burside, prior to the compliance date specified for that 

Sulfuic Acid Plant in Paragraph 11. No later than 90 days prior to the permanent cessation of 

operation ofaFacility, Defendant shall notify the U.S. EP A and the relevant state as specified 

in Section xiv (Notices) of its intent to cease operations at that Facility. 

a. Upon the cessation of operation of a Facility, Defendant shall surrender all 

air pollution permits for that Facility to the permitting authority. Defendant shall not file any 

application for emission reduction credits as a result of such cessation of operation. Defendant 

shall not use any emission reductions resulting from such cessation of operation, in any netting 

calculation. Defendant shall not sell any emission credits obtained as a result of emission 

reductions resulting from such 
 cessation of operation. 

b. Provided that Defendant has complied with the requirements of Paragraph
 

21.a, then upon the cessation of operation of a Facility, that Facility shall cease to be subject to 

this Consent Decree, except for the obligation to pay any stipulated penalties that may be due 

pursuant to Section vii with respect to that Facility and the recordkeeping requirement in 

Paragraph 73. 

Vi. PERMITS
 

22. Defendant shall obtain all required federal, state, or local permits necessary for 

performing any compliance obligation under this Consent Decree, including without limitation 

permits for construction of pollution control technology and the installation of equipment at the 

20
 
Sulfuic Acid Plants. Defendant may seek relief under the provisions of Section IX (Force 

Majeure) of this Consent Decree for any delay in the performance of 
 any such obligation
 

resulting from a failure to obtain, or a delay in obtaining, any permit or approval required to
 

fulfill such obligation if Defendant has submitted timely and administratively complete
 

. applications and has taken all other actions necessary to obtain 
 such permit(s) or approval(s). 

23. No later than 180 days after the date specified for compliance, as set forth in 

Paragraph 11 above, with the SOz emission limìt for each Sulfuic Acid Plant, Defendant shall 

submit an administratively complete application to the relevant permitting authority to 

incorporate the following requirements into federally enforceable minor or major new source 

review permits or other permits (other than Title V permits) which are federally enforceable for 

each Facility: 

a. The Short-term Limits for SOz emissions and 
 the Mass Caps established in 

Paragraph 11 of this Consent Decree; 

b. The Short-term Limit for SOz emissions during Startp established in
 

Paragraph l2 of 
 this Consent Decree; 

c. The acid mist emission limit established in Paragraph 14 of this Consent
 

Decree; 

d. The monitoring requirements established in Paragraph 190f this Consent
 

Decree including the requirement to meet the quality assurance procedures required by 40 

C.F.R. Part 60 Appendix F; 

e. The applicability of 40 C.F.R. Par 60, Subpars A and H to the Sulfuic Acid
 

Plant and all requirements therein. 

24. Following submission of the complete permit applications, Defendant shall 

cooperate with the applicable federal, state or local agency by promptly submitting to the 

applicable agency all available information that the applicable agency seeks following its 

21
 
Decree; 

d. The monitoring requirements established in Paragraph 190f this Consent
 

Decree, including the requirement to meet the quality assurance procedures required by 40 

C.F.R. Part 60 Appendix F; 

e. A requirement that the SOz and acid mist emission limits shall not be
 

relaxed; and 

f. The applicability of 40 C.F.R. Part 60; Subparts A and H, and all
 

requirements therein, to the Sulfuric Acid Plants. 

26. Requirements incorporated into operating permits pursuant to this Paragraph shall 

survive termination 
 of this Consent Decree. 

27. Mechanism for Title V Incorporation: The incorporation of the requirements of this 

Consent Decree into Title V Permits shall be in accordance with state Title V rules, including 

applicable administrative amendment provisions of such rules. 

28. Using the procedures set forth in SectionXIV (Notices), Defendant shall provide
 

22
 
US. EP A and the State in which the Facility is located with a copy of each application for a 

federally enforceable permit necessary to implement the requirements of this Consent Decree 

that is filed after the Effective Date, as well as a copy of any permit proposed as a result of such 

application, to allow for timely paricipation in any public comment opportunity. If, as of 
 the 

Effective Date, Defendant has received any permit necessary to implement the requirements of 

this Consent Decree, then no later than 30 days after the Effective Date Defendant shall 
 submit 

copies of such permits to U.S. EPA using the procedures set forth in Section xiv (Notices). 

U.S. EPA may excuse all or part of 
 the latter submission in writing if 
 copies of 
 such permits
 

have already been submitted prior to the Effective Date.
 

29. Emission Credit Generation: Defendant wil neither generate nor use any SOz or
 

acid mist emission reductions resulting from any projects conducted pursuant to this Consent 

Decree for the purose of obtaining netting credìts or offsets in any Prevention of Significant 

Deterioration (PSD), major NSR, and/or minor NSR permit or permit 
 proceeding. However, 

nothing in this Paragraph shall be construed to limit the generation and use of emissions credits 

respecting SOz or acid mist emission reductions that are either more stringent than the 

emissions limits established under the Consent Decree or achieved from sources not covered 

under the Consent Decree, as well as reductions of any other pollutat at any source. 

vii. REPORTING REQUIREMENTS
 

30. Defendant shall submit the following reports: 

a. For each Sulfuic Acid Plant, Defendant shall submit to U.S. EP A and the
 

State Plaintiff in which the Plant is located, design specifications documenting how Defendant 

intends to meet the requirements of Paragraph 11, no later than one year before the date 

specified in 
 Paragraph II for compliance with the short-term SOz emissions limit specified in 

Paragraph 1l. 

b. After the Effective Date and before the termination of this Consent Decree,
 

23
 
Defendant shall submit to US. EP A and to the State Plaintiffs a semi-annual progress report no 

later than Januay 31 and July 31 of each year. Each semi-annual progress report shall contain 

the following information with respect to the six months preceding its submission: (1) work 

performed and progress made toward implementing the requirements of Section V above; (2) 

any significant modifications to previously-submitted design specifications of any pollution 

control system, or to monitoring equipment, required to comply with the requirements of 

Section V above; (3) any significant problems encountered or anticipated in complying with the 

requirements of Section V above, together with implemented or proposed solutions; (4) a

sumar of the emissions monitoring and testing data collected pursuat to this Consent 

Decree; (5) status of permit applications and a summar of all permitting activity pertining to 

compliance with this Consent Decree; and (6) any reports to State agencies pertaining to 

compliance with this Consent Decree. 

c. If Defendant violates, or has reason to believe that it may violate, any
 

requirement of this Consent Decree or of any applicable permit, Defendant shall notify the 

and its duration or anticipated 

likely duration, in writing, within 30 working days of the day Defendant first becomes aware of 

United States and the applicable State Plaintiff of such violation 


the violation or potential violation, with an explanation of the violation's likely cause and of the . 

remedial steps taken, or to be taen, to prevent or minimize such violation. If the cause of a 

violation cannot be fully explained at the time the report is due, Defendant shall so state in the 

report. Defendant shall investigate the cause of the violation and shall then submit an 

amendment to the report, including a full explanation of the cause of the violation, within 30 

days ofthe day Defendant becomes aware of the cause of 
 the violation. Nothing in this

Paragraph or the following Paragraph relieves Defendant of its obligation to provide the notice 

required by Section IX of 
 this Consent Decree (Force Majeure).

d. If Defendant exercises its option to keep a Sulfuic Acid Plant in operation
 

24 
when a Malfunction occurs durng a Startup pursuant to the first sentence of 
 Paragraph 12.b,

Defendant shall notify the United States and the applicable State Plaintiff in wrìting, within 30 

working days of the day that Defendant first becomes aware of the Malfuction. Defendant's
 

notice shall include: 1) an explanation ofthe Malfuction's likely cause; 2) the estimated 

emissions on which Defendant based its decision to keep the Plant in operation rather than 

shutting down the Plant; 3) the remedial steps Defendant has taken, or will take, to prevent or 

minimize emissions from the Malfuction. If the cause of the Malfunction cannot be fully

due, Defendant shall so state in the Notice, and shall then 

investigate the cause of the Malfunction and submit an amendment to the notice, including a 

explained at the time the notice is. 


full explanation of the cause ofthe Malfunction, within 30 days of the day Defendant becomes 

aware of the cause of 
 the Malfuction. Nothing in this Paragraph or the following Paragraph 

relieves Defendant of its obligation to provide the notice required by Section ix of this Consent 

Decree (Force Majeure). 

e. Whenever any violation of this. Consent Decree or of any applicable permit 

or any other event affecting Defendant's performance under this Decree, or the performance of 

its Sulfuic Acid Plant, may pose an immediate threat to the public health or welfare or the 

environment, Defendant shall notify U.S. EP A and the State in which the Sulfuric Acid Plant is 

located, orally or by electronic or facsimile transmission as soon as possible, but no later than 

24 hours after Defendant first knew of, or should have known of, the violation or event. This 

procedure is in addition to the requirements set forth in the preceding Paragraph. 

31. All reports shall be submitted to the persons and in the manner designated in Section
 

XiV of 
 this Consent Decree (Notices). 

32. Each report submitted by Defendant under this Section shall be signed by a plant 

manager, a corporate offcial responsible for environmental management and compliance, or a 

corporate official responsible for plant 
 engineering management of the Defendant, and shall 

25
 
include the following certification: 

I certify under penalty of law that I have examned and am familar with the
 

information submitted in this document and all attachments and that this
 

document and its attchments were prepared either by me personally or 

under my direction or supervision in a maner designed to ensure that
 

qualified and knowledgeable personnel properly gather and present the
 

information contained therein. I further certify, based on my personal
 

knowledge or on my inquiry of those individuals immediately responsible for
 

obtaining the information, that the information is true, accurate and
 

complete. I am aware that there are signficant penalties for submitting false
 

information, including the possibility of fines and imprisonment for
 

knowingly and willfully submitting a materially false statement.
 

33. The reporting requirements of this Consent Decree do not relieve Defendant of any
 

reporting obligations required by the Act or implementing regulations, or by any other federal, 

state, or local law, regulation, permit, or other requirement. The reporting requireinents of this 

Section are in addition to any other reports, plans or submissions required by other Sections of 

this Consent Decree. 

34. Any information provided pursuant to this Consent Decree may be used by the 

United States in any proceeding to enforce the provisions of this Consent Decree and as 

otherwise permitted by law.
 

VIII. STIPULATED PENALTIES
 

35. Defendant shall be liable for stipulated penalties to the United States and to the State 

this Consent Decree as specified 

below, unless excused under Section IX (Force Majeure)., Any stipulated penalties due under 

this Section shall be paid in accordance with Paragraph 48 below. All transmittal 

correspondence shall state that any such payment is for payment of stipulated penalties and 

shall include the same identifying information required by Paragraphs 8.a through 8.dabove. 

Plaintiff in which the Facility is located for violations of 

36. Failure to Pay Civil Penalty: If 
 Defendant fails to pay any portion ofthe civil penalty 

required to be paid under Section IV of 
 this Decree (Civil Penalty) when due, Defendant shall 

pay a stipulated penalty of$l,OOO per day for each day that the payment is late.. Late payment 

26
 
ofthe civil penalty shall be made in accordance with Paragraphs 8.a through 8.d above. Each 

stipulated penalty due under this Paragraph shall be 
 paid exclusively to the Par to whom

Defendant failed to make timely payment of the full civil penalty due. 

37. Emission Limits: The following stipulated penalties shall accrue per violation per 

day for each violation of a short-term SOz emission limit or an acid mist emission limit 

specified in Paragraphs 11, 12, l3, or 14 above: 

a. Where the violation is less than LO% in excess of the applicable emission 

limit:
 

Penalty Per Violation Per Day Period of 
 Noncompliance


$1000 1st through 30th day 

$2000 3l st day and beyond 

b. Where the violation is equal to or greater than 10% in excess of the emission 

limit: 

Penalty Per Violation Per Day Period of Noncompliance 

$2000 1 st through 14th day 

$3000 15th day through 30th day 

$4000 31 st day and beyond 

38. Mass Caps: For each violation, in any period of 12 consecutive months, of a Mass 

Cap identified in Paragraph 1l above, a stipulated penalty shall accrue of $150,000 per 

violation. In case the Mass Cap is exceeded in overlapping 12-month periods, each consecutive 

l2-month period in which the 
 Mass Cap is exceeded shall be a separate violation.

39. Monitoring Requirements: The following stipulated penalties shall accrue per 

violation per day for each violation of any requirement identified in Paragraph 19: 

Noncompliance
 

$3500 1st through 14th day
 

Penalty Per Violation Per Day Period of 


27
 
$5000 l5th through 30th day 

$7500 31st day and beyond 

40. Performance Testing: The following stipulated penalties shall accrue per violation 

per day for each violation of any of requirements identified in Paragraph 20relating to

performance testing: 

Penalty Per Violation Per Day Period of
 Noncompliance 

$2000 1 st through 14th day
 

$3000 15th through 30th day
 

$4000 31 st day and beyond
 

41. Best practices and NSPS: The following stipulated penalties shall accrue per
 

violation per day for each violation of any requirement identified in Paragraphs 16 and 17 

relating to NSPS applicability and best practices: 

Penalty Per Violation Per Day Period of 
 Noncompliance 

$2000 1stthrough 14th day
 

$3000 15th through 30th day
 

$4000 31st day and beyoriq
 

42. Permitting Requirements: The following stipulated penalties shall accrue per
 

violation per day for each violation of any requirement identified in Section VI of this Consent 

Decree relating to permitting. 

Penalty Per Violation Per Day Period of Noncompliance 

$LOOO 1st through 14th day 

$l500 l5th through 30th day 

$2000 31 st day and beyond 

43. Reporting Requirements: The following stipulated penalties shall accrue per 

28 
violation per day for each violation of any requirement of Section VII of this Consent Decree 

relating to reporting and notification:
 

Penalty Per Violation Per Day Period of 
 Noncompliance


$250 1st through l4th day
 

.$500 l5th through 30th day
 

$1000 31 st day and beyond
 

44. The following stipulated penalties shall accrue per violation per day for Defendant's 

failure to comply with any requirement, not specifically referenced in Paragraphs 36 through 43
 

above, of this Consent Decree or of any plan or schedule approved under this Consent Decree,
 

within the specified time established by or approved under this Decree:
 

Penalty Per Violation Per Day Period of 
 Noncompliance


$250 1st thiough 14th day
 

$500 15th through 30th day
 

$lOOO 31 st day and beyond
 

45. Stipulated penalties under this Section shall begin to accrue on the day after.
 

performance is due or on the day a violation occurs, whichever is applicable, and shall continue 

to accrue until performance is satisfactorily completed or until the violation ceases. Stipulated 

penalties shall accrue simultaneously for separate violations of this Consent Decree. Defendant 

shall pay any stipulated penalty within 30 days of receiving the United States' or the State 

Plaintiffs wrtten demand. The United States and/or the State Plaintiff 
 in which the Facility is 

located may seek stipulated penalties under this Section. Where both sovereigns seek stipulated 

penalties for the same violation ofthis Consent Decree, Defendant shall pay 50 percent to the 

United States and 50 percent to the State Plaintiff. Where only one sovereign demands 

stipulated penalties for a violation, it shall make that demand on its own behalf, and the 

Defendant shall pay the full amount of 
 the stipulated penalties due for the violation to that 

29
 
sovereign, and Defendant shall not be liable for additional stipulated penalties to any other 

sovereign for that violation. 

46. The United States and each State Plaintiff may, in the unreviewable exercise of its 

discretion, reduce or waive stipulated penalties otherwise due it under this Consent Decree. 

The determination by one sovereign not to seek stipulated penalties, or subsequently to waive or 

reduce the amountit seeks, shall not preclude the other sovereign from seeking stipulated 

penalties up to the full amount owing to that sovereign. 

47. Stipulated Penalties shall continue to accrue as provided in Paragraph 45 above,
 

during any Dispute Resolution, but need not be paid until the following: 

a. If the dispute is resolved by agreement or by a decision of U.S. EPA or the 

.State Plaintiff 
 that is not appealed to the Court, Defendant shall pay accrued penalties

determined to be owing, together with interest, at the rate specified in 28 U.S.C. § 1961, to the 

United States and/or the State Plaintiff within 30 days of 
 the effective date ofthe agreement or

the receipt of U. S. EP A's or the State Plaintiff s decision or order.
 

b. If the dispute is appealed to the Cour and the United States and/or the State
 

Plaintiff prevails in whole or in part, Defendant shall pay all accrued penalties determined by 

the Cour to be owing, together with interest, at the rate specified in 28 U.S.c. § 1961, within 

60 days of receiving the Court's decision or order, except as provided in Subparagraph c, 

. below. 

c. If any Party appeals the District Court's decision, Defendant shall pay all
 

accrued penalties determined to be owing, together with interest at the rate specified in 28 

U.S.C. § 1961, no later then 30 days after the administrative decision or judicial order, 

judgment or decree resolving the dispute becomes final and not subject to any further appeaL. 

shall pay stipulated penalties owing to the United States in accordance 

with Paragraph 8.a, above, or by certified or cashier's check in the amount due, payable to the 

48. Defendant 


30
 
"U.S. Department of Justice," referencing DOJ No. 90-5-2-1-08181 and United States 

Attorney's Office fie number 2007V01500, and delivered to the office of the United States 

Ohio, 22l E. 4th Street, Suite 400, Cincinnati, Ohio 45202. 

Defendant shall pay stipulated penalties owing to the State Plaintiffs in the same manner 

prescribed for payment ofthe civil penalty in Paragraph 8.b, c, and d above. 

Attorney, Southern District of 


the stipulated penalties to be paid by Defendant shall be used to 

reduce its federal or state tax obligations. 

49. No amount of 


50. If Defendant fails to pay stipulated penalties according to the terms of this Consent 

Decree, Defendant shall be liable for interest at the rate specified in 28 U. S. C. § 1961, accruing 

as of the date payment became due. 

51. Subject to the provisions of Section XII of this Consent Decree (Effect of
 

Rights), the Stipulated Penalties provided for in this Consent Decree 

shall be in addition to any other rights, remedies, or sanctions available to the United States for 

Defendant's violation of this Consent Decree or applicable law. Where a violation of this 

Consent Decree is also a violation ofthe NSPS, Subpars A or H, or the PSD or non-attinment 

NSR requirements, Defendant shall be allowed a credit, for any Stipulated Penalties paid, 

against any statutory penalties imposed for such violation. 

Settlementleservation of 


ix. FORCE MAJEURE
 

52. A "Force Majeure Event" is any event beyond the control of 
 Defendant, its

contractors, or any entity controlled by Defendant that delays the performance of any obligation 

under this Consent Decree despite Defendant's best efforts to fulfill the obligation. "Best 

efforts" includes anticìpating any potential force majeure event and addressing the effects of 

any such event (a) as it is occuring and (b) after it has occurred, to prevent or minimize any 

resulting delay to the greatest extent possible. 

53. "Force Majeure" does not includè Defendant's financial inability to perform any 

31
 
obligation under this Consent Decree. Unanticipated or increased costs or expenses associated 

with the performance of Defendant's obligations under this Consent Decree, or Defendant's 

failure to make complete and timely application for any required approval or permit, shall not 

constitute circumstances beyond Defendant's control nor serve as the basis for an extension of 

time under this Section ix. 

54. If any event occurs which causes or may cause a delay or impediment to
 

performance in complying with any provision of this Consent Decree, Defendant shall notify 

U.S.EPA and the affected StakPlaintiff(s): (a) orally or by electronic or facsimile transmission 

as soon as possible, but not later than 72 hours after the time Defendant first knew of the event 

or should have known of the event by the exercise of due diligence, and (b) in writing not later 

than seven days after the time Defendant first knew of the event or should have known of the 

event by the exercise of due diligence. In this notice, Defendant shall specifically reference this 

Paragraph 54 of this Consent Decree and describe the anticipated length of time the delay may 

persist, the cause or causes ofthe delay, the measures taken or to be taken by Defendant to 

prevent or minimize the delay, the schedule by which those measures shall be implemented, and 

the reasons Defendant attributes the delay to a Force Majeure Event (if 
 Defendant does so). 

Defendant shall take all necessary measures to avoid or minimize such delays. The written 

notice required by this Paragraph shall be effective upon the mailing ofthe same by overnght 

mail or by certified mail, retur receipt requested, to U.S. EP A and the State Plaintiff(s) as 

specified in Section xiv (Notice). 

55. Failure by Defendant to comply with the notice requirements specified in Paragraph
 

54 above shall preclude Defendant from asserting any claims of 
 Force Majeure with respect to 

the particular event involved. 

56. The United States, after 
 consultation with the relevant State Plaintiff, will notify 

Defendantin writing regarding the United States' position regarding Defendant's claim of a 

32
 
delay or impediment to.performance within forty-five (45) days of receipt of the written Force 

Majeure notice provided under Paragraph 54. 

57. If 
 the United States, after consultation with the relevant State Plaintiff, agrees that 

the delay or impediment to performance has been or will be caused by a Force Majeure Event, 

the appropriate Paries shall stipulate in writing to an extension of 
 the required deadline(s) for 

all requirement(s) affected by the Force Majeure Event for a period equivalent to the delay 

actually caused by the Force Majeure Event. Such stipulation shall be fied as a material 

modification to the Consent Decree pursuant to the procedures of Section XVII (Modification). 

. Defendant shall not be liable for stipulated penalties for the period of any such extension. 

58. Ifthe United States, after consultation with the relevant State Plaintiff(s), does not 

accept Defendant's claim of Force Majeure, stipulated penalties will accrue 
 as provided in 

Section VIII. No later than forty-five (45) days after receipt of 
 the notice provided under 

Paragraph 56 above, Defendant may invoke.formal dispute resolution with respect to the claim 

of Force Majeure, pursuant to Paragraphs 66 through 71 below, by filing a petition for 

determination with the Court. After Defendant has submitted its petition, the United States and 

the relevant State Plaintiff(s) shall have forty-five (45) working days to file their responses to 

the petition. If the Court determines that the delay or impediment to performance has been or 

wil be caused by a Force Majeure Event, Defendant shall be excused as to that event(s) and 

delay (including stipulated penalties) for a period of time equivalent to the delay caused by the 

Force Majeure Event. 

59. Defendant will bear the burden of 
 proving that any delay in satisfying any 

requirement(s) of 
 this Consent Decree was caused by or wil be caused by a Force Majeure 

Event. Defendant shall also bear the burden of proving the duration and extent of 
 any delay(s) 

attributable to such Force Majeure Event. Any extension of one compliance date based on a 

particular Force Majeure Event may, but shall not necessarily, result in an extension of a 

33
 
subsequent compliance date or dates. 

60. Notwthstading any other provision of this Consent Decree, this Court shall not 

draw any inferences nor establish any presumptions adverse to either party as a result of 

Defendant's serving of a Force Majeure notice or the Parties' inability to reach agreement with 

respect to the claim of 
 Force Majeure. 

61. In appropriate circumstances, as part of the resolution of any matter submitted to this
 

Cour under this Section IX, the Paries involved in the dispute may agree to, or the Cour may 

. order, extension or modification of the schedule for completion of work under the Consent 

Decree to account for the delay in the work that occured as a result of any Force Majeure 

Event i:laimed by Defendant that is agreed to by the United. 
 States or approved by this Cour. 

Defendant shall be liable for stipulated penalties for its failure thereafter to complete the work 

in accordance with the extended or modified schedule. 

X. DISPUTE RESOLUTION
 

62. Unless otherwise expressly provided for in this Consent Decree, the dispute
 

resolution procedures of this Section shall be the exclusive 
 mechanism to resolve disputes 

arising under or with respect to this Consent Decree. Defendant's failure to seek resolution of a 

dispute under this Section shall preclude Defendant from raising any such issue as a defense to 

an action by the United States to enforce any obligation of Defendant atising under this Decree. 

The procedures set forth in this Section do not apply to actions by the United States or a State 

Plaintiff to enforce obligations of the Defendant that have not been disputed in accordance with 

this Section. 

63. Except as otherwise expressly provided in this Consent Decree, the dispute
 

resolution procedures set forth in this Section X shall be available to resolve any and all 

disputes arising under this Consent Decree, provided that the 
 Party invoking the procedures has 

made a good faith attempt to resolve the matter with the other Pary or Paries involved. 

34
 
64. The dispute resolution procedure required herein shall be invoked upon the giving of 

written notice by one of the Parties to this Consent Decree to another advising the other 

appropriate Party(ies) of a dispute pursuant to Section X. The notice shall describe the mitue 

of the dispute and shall state the noticing Pary's position with regard to such dispute. The 

Party or Parties receiving such notice will acknowledge receipt of the notice and the Paries 

expeditiously schedule a meeting to discuss the dispute informally not later then fourteen 

(l4) days from the receipt of such notice. 

shall 

65. Disputes submitted to dispute resolution shall, in the first instace, be the subject of 

informal negotiations between the Parties. Such period of informal negotiations shall not 

extend beyond thirty (30) days from the date of the first meeting between representatives of the 

Paries, unless the Parties involved in the dispute agree that this period should be shortened or 

extended. 

66. In the event that the Parties are unable to reach agreement during such informal
 

negotiations period, the United 
 States and/or the relevant State Plaintiff(s), as applicable, shall 

provide Defendant with a written summar of 
 its/their position regarding the dispute. The 

position advanced by the United States and/or the relevant State Plaintiff(s), as applicable, will 

be considered binding unless, within forty-five (45) days of Defendant's receipt of the written 

sumar, Defendant invokes formal dispute resolution 
 by filing with the Cour a petition which 

describes the nature of the dispute and Defendant's position on the dispute. The United States 

and/or the relevant State Plaintiff(s) shall respond to the petition within fort-five (45) days of 

filing. 

67. In the event that the United States and the relevant State Plaintiff(s) are unable to
 

reach agreement among themselves with regard to the Defendant's claim, the position of the 

United States shall be the Plaintiffs' final position.. A dissenting State Plaintiff may fie such. 

other pleadings expressing its position as allowed by the Court. 

35
 
68. In a formal dispute resolution proceeding under this Section, Defendant shall bear
 

the burden of demonstrating that its position complies with this Consent Decree and the Act. 

The Court shall decide the dispute based upon applicable principles of law. The United States 

reserves the right to argue that its position is reviewable only on the administrative record and 

must be upheld unless arbitrary and capricious or otherwise not in accordance with law. 

69. Where the nature of the dispute is such that a more timely resolution of the issue is 

required, the time periods set forth in this Section X may be shortened upon motion of one of 

the Parties to the dispute orby agreement of the Parties to the dispute. 

70. The Parties do not intend that the invocation of 
 this Section X by a Pary cause the

Cour tö draw any inferences nor establish any presumptions adverse to either Pary as a result 

of invocation of this Section. 

71. In appropriate circumstances, as par of 
 the resolution of any matter submitted to this

Cour under this Section X, the Parties involved in the dispute may 
 agree to, or the Court may 

order, an extension or modification ofthe schedule for completion of work under the Consent 

Decree to account for the delay in the work that occured as a result of dispute resolution. 

Defendant shall be liable for stipulated penalties for its failure thereafter to complete the work 

in accordance with the extended or modified schedule. Invocation of dispute resolution with 

respect to any of Defendant's obligations under this Consent Decree shall not, of itself, excuse 

or extend the time for performance of any other obligation of Defendant under this Consent 

Decree. 

XI. INFORMTION COLLECTION AND RETENTION
 

72. The United States, the State Plaintiffs, and their representatives, including attorneys, 

contractors, and consultants, shall have the right of entry into any of the Facilities covered by 

this Consent Decree, at all reasonable times, upon presentation of credentials, to: 

a monitor the progress of activities required under this Cons,ent Decree;
 

36
 
b. verify any data or information submitted to the United States or a State
 

Plaintiff in accordance with the terms of this Consent Decree; 

c. obtan samples and, upon request, splits of any samples taken by Defendant
 

or its representatives, contractors, or consultants; 

d. obtain documentary 
 evidence, including photographs and similar data; and 

e. assess Defendant's compliance with this Consent Decree.
 

73. Until at least three years after the termination ofthis Consent Decree, Defendant
 

shall retain, and shall instruct its contractors and agents to preserve, all non-identical copies of 

all documents, records, or other information (including documents, records, 
 or other 

information in electronic form) in its or its contractors' or agents' possession or control, or that 

come into its or its contractors' or agents' possession or control, and that relates in any maner 

to Defendant's performance of its obligations under this Consent Decree. This informationretention requirement shall apply regardless of any contrar corporate or institutional policies or 

procedures. At any time during this information-retention period, the United States or a State 

Plaintiff may request copies of any documents, records, or other information required to be 

maintained under this Paragraph. 

74. At the conclusion ofthe information retention period specified in the preceding
 

Paragraph, Defendant shall notify the United States and the State Plaintiffs at least 90 days prior 

to destroying anydocument(s), record(s), or other information subject to the requirements of 
 the 

preceding Paragraph and, upon request by the United States or a State, Defendant shall deliver 

any such document(s), record(s), or other information to the requesting Plaintiff or Plaintiffs. 

Defendant may assert that certain documents, records, or other information are privileged under 

the attorney-client privilege or any other privilege recognized by federal 
 law. If Defendant 

asserts such a privilege, it shall provide the following: (l) the title of 
 the document, record, or 

information; (2) the date ofthe document, record, or information; (3) the name and title of each 

37
 
author of the document, record, or information; (4) the name and title of each addressee and 

recipient; (5) a description of the subject of 
 the document, record, or information; and (6) the 

privilege asserted by Defendant. However, no documents, records, data, or other information 

created or generated pursuant to the requirements of this Consent Decree shall be withheld on 

grounds of privilege. 

75. Defendant may also assert that iriormation required to be provided under this 

Section is protected as Confidential Business Information (CBI) under 40 C.F.R. Par 2. As to 

any information that Defendant seeks to protect as CBI, Defendant shall follow the procedures 

set forth in 40 C.F.R. Par 2. 

76. The information retention requirements of 
 Paragraphs 73 and 74 shall survive 

termination of this Consent Decree and shall be enforceable by this Cour even after such 

termination. This Consent Decree in no way limits or affects any right of entry and inspection, 

or any right to obtain information, held by the United States or the States pursuant to applicable 

federal or state laws, regulations, or permits, nor does it limit or affect any duty or obligation of 

Defendant to maintain documents, records, or other information imposed by applicable federal 

or state laws, regulations, or 
 permits. 

XII. EFFECT OF SETTLEMENTIRSERV ATION OF RIGHTS
 

77. This Consent Decree resolves the civil 
 liability of Defendant to the Vnited States 

and the State Plaintiffs for the violations alleged in the Complaint and in the Complaints in 

Intervention filed in this action (and any Notices of Violation cited therein) from the date those 

claims accrued through the Effective Date of this Consent Decree. 

78. The United States and the State Plaintiffs reserve all 
 legal and equitable remedies 

available to enforce the provisions of this Consent Decree, except as expressly stated in 

Paragraph 77. This Consent Decree shall not be construed to limit the rights of the United 

States or the State Plaintiffs to obtain penalties or injunctive relief under the Act or 

38
 
implementing regulations, or under other federal or state laws, regulations, or permit conditions~ 

except as expressly specified in Paragraph 77: The United States and the State Plaintiffs fuher 

reserve all 
 legal and equitable remedies to address any situation that may present an imminent 

and substantial endangerment to the public health or welfare or the environment arising at, or 

posed by, Defendant's Facilities, whether related to the violations addressed in this Consent 

Decree or otherwise. 

79. This Consent Decree is not a permit, or a modification of any permit, under any 

federal, State, or local 
 laws or regulations. Defendant is responsible for achieving and

laws, regulations, and 

permts; and Defendant's compliance with this Consent Decree shall be no defense to any 

action commenced pursuant to any such laws, regulations, or permits. The United States and 

the State Plaintiffs do not, by their consent to the entry of this Consent Decree, warrant or aver 

in any maner that Defendant's compliance with any aspect ofthis.Consent Decree wil result 

in compliance with provisions of the Act, or with any other provisions of federal, State, or local 

maintaining compliance with all applicable federal, State, and local 


laws, regulations, or permits. 

Defendant or ofthe United 

States or the State Plaintiffs against any third paries, not party to this Consent Decree, nor does 

it limit the rights of third paries, not party to this Consent Decree, against Defendant, except as 

80. This Consent Decree does not limit or affect the rights of 


otherwise provided by law.
 

. . 

81. This Consent Decree shall not be construed to create rights in, or grant any cause of 

action to, any third part that is not a Pary to this Consent Decree. 

XIII. COSTS
 

82. The Parties shall bear their own costs of this action, including attorneys' fees, except 

that the United States and the State Plaintiffs shall be entitled to collect the costs (including 

attorneys' fees) incurred in any action necessary to enforce this Consent Decree or to collect 

39
 
any portion of the civil penalty 
 or any Stipulated Penalties due but not paid by Defendant. 

xiv. NOTICES
 

83. Unless otherwise specified herein, whenever notifications, submissions, or
 

communications are required by this Consent Decree, they shall be made in writing and 

addressed to the United States Department of Justice, U.S. EPA Headquaers, and the U.S. 

EPA Region and the State Plaintiff 
 where the relevant Facility is located, as follows: 

Notice or submission to the United States: 

Chief, Environmental Enforcement Section and United States Attorney
 

Environment and Natural Resources Division Southern District of Ohio
 

U.S. Department of Justice 22l E. 4th Street
 

Box 7611 Ben Franlin Station Cincinnati, OH 45202
 

Washington, DC 20044-7611 Re: 2007V01500
 

Re: DOJ No. 90-5-2-1-08500
 

Notice or submission to the United States or to U.S. EPA that concerns any or all of 
 the Sulfuric
 

Acid Plants: 

Air Enforcement Division Director 

U.S. Environmental Protection Agency
 

Office of Civil Enforcement
 

Air Enforcement Division
 

U.S. Environmental Protection Agency
 

1200 Pennylvania Ave, NW
 

Mail Code: 2242A
 

Washigton, DC 20460
 

and 

Leslie A. Kirby:-Miles
 

US. Environmental Protection Agency
 

Office of Civil Enforcement 

Air Enforcement Division 

U.S. Environmental Protection Agency 

.1200 Pennsylvana Ave, NW 

Mail Code: 2242A 

Washington, DC 20460 

including an electronic copy to 

kirby-miles.1eslie~epa. gov 

and 

Nathan Frank and Andre Daugavietis 

40
 
US. Environmental Protection Agency 

Region 5
 

AE-17 J 

77 West Jackson. Blvd. 

Chicago, IL 60604 

including. an electronic copy to 

fran.nathan~epa.gov 

Notice or submission to the United States or to US. EP A that 


. Jan Gerro 

U.S. Environmental Protection Agency 

Region 6
 

1445 Ross Avenue 

Suite 1200 

Mailcode6RC-ER 

Dallas, TX 75202 

and 

Jennfer Gibbs 

U.S. Environmental Protection Agency 

Region 6
 

1445 Ross Avenue 

Suite 1200 

Mailcode 6ENA T 

Dallas, TX 75202 

US. Environmental Protection Agency 

Region 5
 

C-14J
 

77 West Jackson. Blvd.
 

Chicago,IL 60604
 

concerns the Burside Facility: 

and John L. Jones 

U.S. Environmental Protection Agency 

Region 6
 

l445 Ross Avenue 

Suite 1200 

Mailcode 6ENAA 

Dallas, TX 75202 

Notice or submission to United States or U.S. EPA that concerns the James River Facility: 

J. Robert Stoltzfus 

U.S. Environmental Protection Agency 

Region III 

Offce of Chief Counsel (3RClO) 

1650 Arch Street 

Philadelphia, P A 19103 

Notice or submission to United States or U.S. EPA that concerns the Wurtland 


Jennifer Lewis 

U.S. Environmental Protection Agency 

Region 4
 

Atlanta Federal Center 

61 Forsyth Street, SW 

Atlanta, GA 30303 

and Thomas Gleave
 

U.S. EnviroI1ental Protection Agency 

Region III 

Air Protection Division (3AP12) 

1650 Arch Street 

Philadelphia, PA 19l03 

Facility: 

and Rosalyn Hughes
 

U.S. Environmental Protection Agency 

Region 4 

Atlanta Federal Center 

61 Forsyth Street, SW 

Atlanta, GA 30303 

Notice or submission to the State Plaintiff(s) that concerns the Burnside Facility: 

Peggy M. Hatch 

4l 
Administrator, Enforcement Division 

Offce of Enviroiiental Conipliance
 

Louisiana Department of Environmental Quality 

P. O. Box 4312 

Baton Rouge, Louisiana 7082l-4312 

Notice or submission to the State Plaintiff(s) that concerns the Fort Hill Facility: 

Thomas J. Kalman, P .E. 

Manager, Enforcement Section 

Division of Air Pollution Control 

Ohio EP A 

P.O. Box 1049 

Columbus, Ohio 43216-1049 

Notice or submission to the State Plaintiff(s) that concerns the James River Facility: 

Director 

Virginia Department of Environmental Quality 

629 East Main Street 

P.O. Box 10009 

Richmond, V A 23240-0009 

Notice or response to Defendant: 

Bernard J. Reily, Esq. 

Corporate Counel 

E.I du Pont de Nemours and Company 

DuPont Legal - D7082A 

DuPont Building 

1007 Market Street 

Wilmington, DE 19898 

Thomas E. Knauer, Esq. 

Wiliams Mullen
 

1021 East Cary Street 

Richmond, VA 23219 

de Nemours and Company 

ATTN: Director, Sulfuric Acid Business 

1007 Market Street 

Wilmington, DE 19898 

E.I du Pont 


Any Pary may, by written notice to the other Parties, change its designated notice recipient(s) 

or notice address( es) provided above. Notices submitted pursuant to this Section shall be 

deemed submitted upon mailing, unless otherwise provided in this Consent Decree orby mutual

42
 
agreement of the Parties in writing. 

XV. EFFECTIVE DATE
 

84. The Effective Date of this Consent Decree shall be the date upon which this Consent 

Decree is entered by the Cour. 

XVi. RETENTION OF JURISDICTION
 

85. The Court shall retain jurisdiction over this case until termination of this Consent 

Decree, for the purpose of resolving disputes arising under this Decree or entering orders 

modifying this Decree, pursuant to Sections X and XVII, or effectuating or enforcing 

compliance with the terms of this Decree. 

XVII. MODIFICATION 

86. The terms ofthis Consent 
 Decree may be modified only by a subsequent written 

agreement signed by all the Paries. Where the modification constitutes a material 
 change to 

any term of 
 this Consent Decree, it shall be effective only upon approval by the Cour. The 0 & 

M Plans required by Paragraph 18 and the SOz CEMS Plans required by Paragraph 19.b may be 

modified as provided in Paragraph l8 or upon written agreement of the Paries without Court 

approval, unless any such modification effects a material change to the terms of this Consent 

Decree or materially affects the Defendant's ability to meet the requirements or objectives of 

this Decree. 

XVIII. TERMINATION 

87. After Defendant has maintained continuous satisfactory compliance with the
 

requirements of 
 the Act and this Consent Decree for a period of one year after achieving 

compliance with all of the requirements of this Consent Decree, has obtained all permits 

required by this Consent Decree, and has paid the civil penalty and any accrued stipulated 

penalties as required by this Consent Decree, Defendant may serve upon the United States and 

the State Plaintiffs a Request for Termnation stating that Defendant has satisfied those 

43
 
requirements, together with all necessary supporting documentation. 

88. Following receipt by the United States and the State Plaintiffs of Defendant's
 

Request for Termination, the Paries shall confer informally concerning the Request for
 

Termination and any disagreement that the Parties may have as to whether Defendant has
 

satisfactorily complied with the requirements for termination of this Consent Decree. If the 

United States after consultation with the State Plaintiffs agrees that the Decree may be 

terminated, the Parties shall submit, for the Court's approval, a joint stipulation terminating the 

Decree. 

the United States after consultation with the State Plaintiffs does not agree that thè 

Decree may be terminated, Defendant may move the Cour for termination. However, 

Defendant shall not fie such a motion until 90 days after service of its Request for Termination. 

On any such motion, Defendant shall bear the burden of proving that the conditions necessary 

for termination of the Consent Decree have been satisfied. 

89. If 


xix. PUBLICPARTICIPATION
 

90. This Consent Decree shall be lodged with the Court for a period of not less than 30 

days for public notice and comment in accordance with 
 28 C.F.R. § 50.7. The United States 

reserves the right to withdraw or withhold its consent if the comments regarding the Consent 

Decree disclose facts or considerations indicating that the Consent Decree is inappropriate, 

improper, or inadequate. Defendant consents to entry ofthis Consent Decree without fuher 

. notice. 

91. The Paries agree and acknowledge that final approval by Plaintiff-Intervenor the 

State of Louisiana, Deparment of Environmental Quality, and entry of this Consent Decree are 

subject to the requirements of La. RS. 30:2050.7, which provides for public notice ofthis 

Consent Decree in newspapers of general circulation and the offcial journals of 
 the parish in 

which the Burnside Facility is located, an opportunity for public comment, consideration of any 

44
 
comments, and concurrence by the State Attorney General. The State of Louisiana reserves the 

right to withdraw or withhold consent if the comments regarding this Consent Decree disclose 

facts or considerations which indicate that this Consent Decree is inappropriate, improper or 

inadequate. 

XX. SIGNATORIES/SERVICE
 

92. Each undersigned representative of Defendant and the State Plaintiffs, and the 

Assistant Attorney General for the Environment and Natural Resources Division ofthe 

Deparent of Justice (or his or her designee) certifies that he or she is fully authorized to enter 

into the terms and conditions of this Consent Decree and to execute and legatly bind the Pary 

he or she represents to this document. 

93. This Consent Decree may be signed in counterpars, and its validity shall not be 

challenged on that basis. 

94. Defendant agrees not to oppose entry of 
 this Consent Decree by the Court or to

the Decree, unless the United States has notified Defendant in 

writing that it no longer supports entry of the Decree. 

challenge any provision of 


process by mail with respect to all matters 

arising under or relating to this Consent Decree and to waive the formal service requirements 

set forth in Rules 4 and 5 of the Federal Rules of Civil Procedure and any applicable Local 

Rules of this Cour including, but not limited to, service of a summons. 

95. Defendant agrees to accept service of 


45
 
XXi. INTEGRATION
 

96. This Consent Decree constitutes the final, complete, and exclusive agreement and 

understanding among the Paries with respect to the settlement embodied in the Decree and 

supersedes all prior agreements and understandings, whether oral 
 or written, concernng the 

settlement embodied herein. No other document, except for any plans or other deliverables that 

are submitted and approved pursuant to this Decree, nor any representation, inducement, 

agreement, understanding, or promise, constitutes any part of this Decree or the settlement it 

represents, and no such extrinsic document or statement of any kind shall be used in construing 

the terms of this Decree. 

XXII. FINAL JUDGMENT 

97. Upon approval and entry ofthis Consent Decree by the Cour, this Consent Decree 

shall constitute a final judgment of the Cour in this action as to the United States, the State 

Plaintiffs, and Defendant. The Cour finds that there is no just reason for delay and therefore 

enters this judgment as a final judgment under Fed. RCiv. P. 54 and 58. 

XXIII. APPENDIX 

98. The following appendix is attached to and incorporated into this Consent Decree: 

"Appendix A" is the table of short-term SOz emission limits applicable to three-hour 

periods wholly or parially occuring during Starp. 

46
 
Dated and entered this _ day of ,2007. 

UNITED STATES DISTRICT JUDGE 

Southern District of Ohio 

47
 
THE UNDERSIGNED PARTIES enter into this Consent 

Decree in the matter of 
 United States v. E.I. du Pont de 

Nemours and Company (S.D. Ohio), relating to alleged 

violations of the Clean Air Act: 

FOR PLAINTIFF UNITED STATES OF AMERICA: 

RONALDJ. TE PAS
 

Acting Assist ' Attorney General
 

Environment and Natural Resources Division 

United States Deparment of Justice 

STEV C. GOLD -Ji ,/7dl

Senior Attorney 

Environmental Enforcement Section 

Environment and Natual Resources Division 

United States Deparment of Justice 

Post Offce Box 7611 

Washington, D.C. 20044 

(202) 514-5260 

(202) 616-6584 (FAX) 

steve.gold~usdoi. gov 

GREGORY G. LOCKHART 

United States Attorney for the 

Southern District of Ohio 

CJerald FCaminski 

Assistant US. Attorney 

221 E. 4th Street, Suite 400 

Cincinnati, Ohio 45202 

(513) 684-3711 

(513) 684-6385 

Gerald.kaminski~usdoi .gov 

Bar # 0012532 

48
 
THE UNERSIGNED PARTIES enter into this 

Consent Decree in the matter of 
 United States v. 

E.I. du Pont de Nemours and Company (S.D. 

Ohio), relating to alleged violations of the Clean 

. Air Act: 

~ c. -~ 

MARY A. GADE
 

Regional Administrator
 

U.S. Environmental Protection Agency 

Region 5
 

49
 
THE UNDERSIGNED PARTIES enter into this 

Consent Decree in the matter of 
 United States v. 

E.I. du Pont de Nemours and Company (S.D. 

Ohio), relating to alleged violations of the Clean 

Air Act: 

~ ADAM M. SfÌER
 ~~. JA~


b Director
 Air Enforcement Division 

Offce of Civil Enforcement 

50
 
THE UNERSIGNED PARTIES enter into this Consent Decree in the matter of 

v. E.I. du Pont de Nemours and Company (S.D. 0 '0), relating to alleged violations of 

Clean Air Act: 

United States 

the 

HARD E. GREENE 

R~gional Administrator 

U.S. Environmental Protection Agency 

Region 6 

51 
THE UNERSIGNED PARTIES enter into this Consent Decree in the matter of United States 

v. E.I. du Pont de Nemours and Company (S.D. Ohio), relating to alleged violations of the 

Clean Air Act: 

JI.PA R,JR.
 

Re' al Administrator 

u.s. Environmental Protection Agency 

Region 4 

52
 
THE UNERSIGNED PARTIES enter into this Consent Decree in the matter of 
 United States 

v. E.!. du Pont de Nemours and Company (S.D. Ohio), relating to alleged violations of the 

Clean Air Act: 

J"pONALD S. WELSH
 

0'/~

¿N ~egional Administrator . U.S. Environmental Protection Agency 

Region III 

53
 
THE UNERSIGNED PARTIES enter into this Consent Decree in the matter ofUnIted States 

v. E.!. du Pont de Nemours and Company (S.D. Ohio), relating to alleged violations of the 

Clean Air Act: 

DAVID K. P AYLOR 

Director 

Virginia Departent of Environmental Quality
 

Street Address: 629 East Main Street
 

Richmond, Virginia 23219
 

Mailing Address: P.O. Box 10009
 

Richmond, Virginia 23240
 

(804) 698-4000
 

(Fax) (804) 698-4500
 

54
 
THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter of United States
 

v. E.I. du Pont de Nemours and Company (S.D. Ohio), relating to alleged violatiuns of
 

the Clean Air Act:
 

Respectfully submitted,
 

MARC DANN 

ATTORNEY GENERAL OF OHIO 

~~)~ Assistant Attorney General 

Environmental Enforcement Section 

Public Protection Division 

30 East Broad Street - 25th Floor 

Columbus, Ohio 43215-3400 

Telephone: (6l4) 466-2766 

Facsimile: (614) 644-1926 

tfinfock~ag.state.oh. us
 

Counsel for Plaintif
 

State of Ohio 

55
 
WE HEREBY CONSENT to the entry of the Consent Decree in United States Of 

America, et at. v. E.I. du Pont de Nemours & Co., a civil action, subject to the public 

notice and comment requirements. 

PRELIMINARY APPROVAL BY PLAINTIFF-INTERVENOR THE STATE OF 

LOUISIANA, THROUGH THE DEPARTMENT OF ENVIRON TAL QUALITY:
 

AROLD LEGGETT, Ph.D. 

Assistant Secretary 

Office of Environmental Compliance 

Louisiana Department of Environmental Quality 

Attorn y III 

ffc f the Secretary
 

Legal Affairs Division 

Louisiana Department of Environmental Quality 

Post Office Box 4302 

Baton Rouge, Louisiana 70821-4302 

56
 
THE UNERSIGNED PARTIES enter into ths Consent Decree in the matter of United 

Staes v. E. i. du Pont de Nemours and Company (S.D. Ohio), relatig to alleged 

violations of 
 the Clean Air Act:

FOR DEFENDANT E. i. DU PONT DE 

NEMOURS AN COMPAN:
 

G~ . Spitzer 

Vice President & General Manager 

DuPont Chemical Solutons Enterprise 

Settling Defendant's agent for service and 

counsel. 

The followig is the name and address of 


Bernard J. Reily, Esq. 

DuPont Legal D-7082A 

1007 Market Street 

Wilgton, DE 19898 

57
 
APPENDIX A 

SHORT-TERM SO~ EMISSION LIMITS DURING STARTUP 

3-hour Time period Short- Term Sulfu Dioxide Emission Limit, lbs/ton, applicable to: 

(Hours after Startp 

commences) 

Burnside James River Fort Hil Wurtland 

1 st through 3rd hr. 15.0 15.0 15.0 15.0 

2nd through 4th hr. 15.0 15.0 15.0 15.0 

3ro through 5th hr. 15.0 15.0 15.0 15.0 

4th through 6th hr. 15.0 15.0 15.0 15.0 

5tn through 7tn hr. 15.0 15.0 15.0 15.0 

6tn through 8tn hr. 15.0 15.0 15.0 15.0 

ih through 9th hr. 15.0 15.0 15.0 15.0 

8th through 10th hr. 15.0 15.0 15.0 15.0 

9th through 11 th hr. 15.0 15.0 15.0 15.0 

10th through 1ih hr. 15.0 15.0 15.0 15.0 

11 th though 13th hr. 12.0 12.0 12.0 12.0 

12tn through 14tn hr. 9.0 9.0 9.0 9.0 

13tn through 15th hr. 6.0 6.0 6.0 6.0 

14tn through 16tn hr. 6.0 6.0 6.0 6.0 

15tn through 17tn hr. 6.0 6.0 6.0 . 6.0 

16tn through 18th hr. 6.0 6.0 6.0 6.0 

1 in through 19th hr. 6.0 6.0 6.0 6.0 

18th through 20th hr. 6.0 6.0 6.0 6.0 

19th through 21st hr. 6.0 6.0 6.0 6.0 

20th through 22nd hr. 6.0 6.0 6.0 6.0 

21 st through 23rd hr. 6.0 6.0 6.0 6.0 

22M through 24th hr. 6.0 6.0 6.0 6.0 

23fO through 25tn hr. 4.8 4.5 4.7 4.6 

24tn through 26th hr. 3.6 3.0 3.5 3.1 

th th tI th Note. Emission limits for the 11 through 13 hour and 12 through 14 hour are weighted 

averages of 15.0 and 6.0 lbs/ton. Emission limits for the 23rd through 25th hour and 24th through
 

26th hour are weighted averages of 6.0 lbs/ton and the short-term emission limit for each 

Sulfuc Acid Plantas specified in Paragraph 11 of 
 the Consent Decree. Beginnng with the 3­

hour period consisting of 
 the 25th through 2ih hour after Startp commences, the emission

limts specified in Paragraph 11 of 
 the Consent Decree apply.

58