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 DECREETABLE OFCONTENTS: 

### 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 . ..................... ........ ................................................... 46WHEREAS, 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 Permit requirements ofthe Act, 42 ("CAA" or "Act"), 42 US.C. § 740l et seq., the Title V 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 4State 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 6Satuday, 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."

7Produced" .

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

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

### 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 

### this Consent Decree, at the Sulfuric Acid Plants, that are subject to the requirements of Wurland Facilities. Burnside, Fort Hil, James River, and 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. 109. 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
11through 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 March 2011 (for the 12-month period of
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 1213

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

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

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

### 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 the20. 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 

### the test, an Section xiv (Notice). This notification must include the scheduled date of19emissions 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 21Decree;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 22US. 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 ofsuch 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 inParagraph 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, 23Defendant 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 

### Section V above, together with implemented or proposed solutions; (4) a requirements of 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 the violation. Nothing in this days ofthe day Defendant becomes aware of the cause of 

### Paragraph or the following Paragraph relieves Defendant of its obligation to provide the notice this Consent Decree (Force Majeure). required by Section IX of d. If Defendant exercises its option to keep a Sulfuic Acid Plant in operation 24Paragraph 12.b, when a Malfunction occurs durng a Startup pursuant to the first sentence of 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 the Malfunction cannot be fully minimize emissions from the Malfuction. If the cause of 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 ofthis 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 25include 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 inwhich 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 paid exclusively to the Par to whom stipulated penalty due under this Paragraph shall be 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 Noncompliance Period of 

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

### 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 

### requirements identified in Paragraph 20relating to per day for each violation of any of performance testing:

Period of Penalty Per Violation Per Day 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

Decreerelating 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 

### Noncompliance Period of $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 

### Noncompliance Period of $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 

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

determined 

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

### the effective date ofthe agreement or United States and/or the State Plaintiff within 30 days of 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 Defendant, its 52. A "Force Majeure Event" is any event beyond the control of 

### 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 32delay or impediment to.performance within forty-five (45) days of receipt ofthe 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 33subsequent 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. 3464. 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. shall65. 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. 3568. 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. 

### this Section X by a Pary cause the 70. The Parties do not intend that the invocation of
Cour tö draw any inferences nor establish any presumptions adverse to either Pary as a result of invocation of this Section. the resolution of any matter submitted to this 71. In appropriate circumstances, as par of
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; 36b. 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 information

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

recipient; (5) a description of the subject ofthe 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 ofthe United

States or the State Plaintiffs to obtain penalties or injunctive relief 

### under the Act or 38implementing 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 alllegal 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 laws or regulations. Defendant is responsible for achieving and federal, State, or local 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 39any 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 40US. 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 ChiefCounsel (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 19l03Facility: 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 

### 4lAdministrator, 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 

### otherwise provided in this Consent Decree orby mutual deemed submitted upon mailing, unless 42agreement 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 ofthe 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. 

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

### 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

47THE 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 

# -Ji ,/7dl STEV C. GOLD 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

49THE 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:



# ~~. JA~ ~ ADAM M. SfÌER

b Director Air Enforcement Division 

### Offce of Civil Enforcement

50THE 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

52THE 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:

# 0'/~
J"pONALD S. WELSH 

### ¿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

54THE 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

55WE 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



### 56THE 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 the Clean Air Act: violations of 

### 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

57APPENDIX 

### 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 

### the Consent Decree. Beginnng with the 3­ Sulfuc Acid Plantas specified in Paragraph 11 of the 25th through 2ih hour after Startp commences, the emission hour period consisting of the Consent Decree apply. limts specified in Paragraph 11 of

58