case 207-cv-001 34-WCL-APR document 24 filed07/23/2007 page of71

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION UNITED STATES OF

### AMERICA Plaintiff THE STATE OF INDIANA THE CITY OFHAMMOND THE STATE OF LOUISIANA through THE DEPARTMENT OF ENVIRONMENTAL QUALITY and THE PEOPLE OF THE STATE OF Civil Action

## No 207-cv-134 WCL CALIFORNIA byand through

### the BAYAREA AIR QUALITY MANAGEMENT CONSENT DECREE 

### DISTRICT Plaintiff -Intervenors

RHODIA

### INCDefendantcase 207-cv-00134-WCL-APR document 24 flIed07/23/2007 page of71

TABLE OFCONTENTS Page JURISDICTION AND VENUE 

### II APPLICABILITY4 

### III DEFINITIONS 

### IV CIVIL PENALTY11 COMPLIANCE REQUIREMENTS 13 

## VI PERMITS 24 

### VII REPORTING REQUIREMENTS 29 

### VIII STIPULLTED PENALTIES 32 

### IX FORCE MAJEURE39 DISPUTE RESOLUTION45 

## XI INFORMATION COLLECTION AND RETENTION 48 

### XII EFFECT OFSETTLEMENT/RESERVATION OF RIGHTS 51 

### XIII COSTS 54 

### XIV NOTICES 54 

## XV EFFECTIVE DATE 57 

### XVI RETENTION OFJURISDICTION 57 

### XVII MODIFICATION 58 

### XVIII TERMINATION 58 

### XIX PUBLIC PARTICIPATION 60 

## XX SIGNATORIES/SERVICE 61 

### XXI INTEGRATION 62 

### XXII FINAL JUDGMENT 62 

### XXIII APPENDICES 63 WHEREAS Plaintiff United States of

### America on behalf of the United States Environmental ProtectionAgency 

# EPA has filed complaint concurrently with the lodging of this Consent 

### Decree alleging that Defendant Rhodia 

### IncRhodia

or

### Defendant at one or all of its sulfuric acid plants incase 207-cv-00134-WCL-APR document 24 filed07/23/2007 page of71

Baytown and Houston 

### Texas Baton 

### Rouge Louisiana Dominguez and Martinez California and 

### Hammond Indiana has

### violated Prevention of Significant Deterioration Requirements found at Part of Subchapter of the Clean AirAct 

### the

# Act 42 

### U.S.C 7475 and the regulations promulgated thereunder at 40 

### C.F.R Section 

### 52.21 and 

### Plan Requirements forNon-Attainment 

### Areasat Part of Subchapter of the

### Act 42

### U.S.C 7502-7503 and the regulations promulgated thereunder at 40 

### C.F.R 51.165 40 

### C.F.R Part 51 Appendix and 40 

### C.F.R 52.24 

### collectively PSD/NSR 

### Requirements New Source Performance Standards 

### NSPS found at 40 

### C.F.R Part 

### 60 Subparts and promulgated under Section 111 of the

### Act 42 

### U.S.C 7411 forsulfuric acid plants 

### collectively NSPS 

### Requirements Title operating permit requirements found at Sections 501 to 507 of the

### Act 42 

### U.S.C 7661-7661f and regulations promulgated thereunder at 40 

### C.F.R Parts 70 and 71 

### collectively Title 

### Requirements and the federally-enforceable State Implementation Plans 

### SIPs and otherstate rules developed by the states of California Indiana Louisiana and 

### Texas which incorporate orimplement the above requirementsand which establish federallyenforceable permitting programs forcase 207-cv-00134-WCL-APR document 24 filed07/23/2007 page of71

construction and operation of new and modified sources 

### collectively SIP Requirements 

### WHEREAS the State of 

### Indiana the State of Louisiana and the Bay AreaAirQuality Management District in California have alleged violations of their respective applicable SIP provisions and other state and local 

### rules regulations and permits incorporating and/or implementing the foregoing federal requirements 

### WHEREAS the Complaint against Rhodia alleges that Rhodia constructed reconstructed ormodified its sulfuric acid plants without obtaining the proper

### permits installing the required control technology orcomplying with emission 

### limitsmonitoring record-keeping and reporting requirements of the

### Act WHEREAS Rhodia has agreed to install controls that will achieve BestAvailable ControlTechnology 

### BACT equivalent emission levels at its sulfuric acid plants and to implement best work practices at its sulfuric acid 

### plants WHEREAS Rhodia does not admit any liabilityto the United States or any of the States arising out of the acts

oromissionsalleged in the Complaintand this Consent Decree resolves all allegations stated in the United 

### States and State Parties Complaints 

### WHEREAS the Parties recognize and the Court bycase 207-cv-00134-WCL-APR document 24 filed07/23/2007 page of71

entering this Consent Decree 

### finds that this Consent Decree has been negotiated by the Parties ingood 

### faith will avoid litigation among the Partiesand that this Consent Decree is 

### fair reasonable and in the public interest 

### NOW THEREFORE before the taking of any testimony without the adjudication oradmission of any issue of fact

or law except as provided in Section 

### below and with the consent of the Parties IT IS HEREBY 

### ADJUDGED ORDERED AND DECREED as follows JURISDICTION AND VENUE This Court has jurisdiction over the subject matter of this action pursuant to 28 

### U.S.C 1331 1345 and 

### 1355 and Section

## 113b of the

### Act 42 

### U.S.C 7413 and over the Parties Venue lies in this District pursuant to the Act Section

# 113b 42 

### U.S.C 

# 7413b and 28 

### U.S.C 

### 1391b and and

# 1395a because some of the violations alleged in the Complaintare alleged to have occurred 

### in and Defendant conducts business

### in this judicial district For purposes of this 

### Decree orany action to enforce this 

### Decree Defendant consents to the 

### Courtsjurisdiction over this Decree or such action and over Defendant and consents to venue in this judicial district Forpurposes of this Consent 

### Decree Defendant agrees that the Complaint and the State Parties Complaintscase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page of71

in Intervention state claims upon which relief maybe granted pursuant to Sections

### 111 165 173 and 502 of the 

### Act 42 

### U.S.C 7411 7475 7503 7661a Notice of the commencement of this action has been given to the States of Indiana Louisiana and 

### Texas the BayAreaAirQuality Management 

### District and the South Coast AirQuality Management 

### District as requiredby Section 113 of the

### Act 42 

### U.S.C 7413 

### II APPLICABILITY The obligations of this Consent Decree apply to and are binding upon the United States and the State Parties and upon Defendant and its officers employees 

### agents subsidiaries successors 

### assigns orotherentities

orpersons otherwise bound by

### law No transfer of ownership oroperation of any of the Facilities whether in compliance with the procedures of this Paragraph orotherwise shall relieve Defendant of its obligation to ensure that the terms of the Decree are implemented At least 30 days priorto such transfer Defendant shall provide copy of this Consent Decree to the proposed transferee and shall simultaneously provide written notice of the prospective transfer to the EPA Region and the relevant State 

### Party the United States Attorney for the Northern District of Indiana Hammond Division and the United States Department of

### Justice inaccordance withcase 207-cv-00134-WCL-APR document 24 flIed07/23/2007 page of71

Section XIV of this Decree 

### Notices Any attempt to transferownership oroperation of sulfuricacid plant without complying with this Paragraph constitutes violation of this 

### Decree In anyaction toenforce this Consent 

### Decree Defendant shall not raise as defense the failure byany of itsofficers directors employees 

### agents orcontractors to take anyactions necessary to complywith the provisions of this Consent Decree provided 

### however that nothing in this Paragraph limits the operation of the Force Majeure provision Section

# IX III DEFINITIONS 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 assigned 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 

### Acidmistshall mean the pollutant sulfuric acid

### mist 

## BACT shall mean Best Available Control Technology as defined at 40 

### C.F.R 

### 52.21b

# 12 Baytown shall mean

### Rhodias sulfuric acid plant located at 3439 Park 

### Street Baytown Texas 

### 77520 Baton Rouge and shall mean

### Rhodiascase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page of71

two sulfuric acid plants located at 1275 Airline

### Highway Baton 

### Rouge Louisiana 

### 70805 

## CEMS or Continuous EmissionMonitoring 

### System shall mean equipment that continuously measures and records the concentration and/or emission rate of pollutant in the units specified by the emission limit concerned 

### Complaintshall mean the complaint filed by the United 

### States and the Complaints in Intervention filed bythe State 

### Parties ConsentDecree or 

### Decree shall mean this Decree and all appendicesattached hereto 

### listed inSection 

## XXIII but in the event ofany conflict between the text of this Decree and anyAppendix the text of this Decree shall 

### control 

## Day shall mean calendar

### day In computing any period of time under this Consent 

### Decree where the last daywould fall on Saturday 

### Sunday or federal or State holiday the period shall run until the close ofbusiness of the next business

### day Defendant shall meanRhodia 

## Inc Dominguez shall mean

### Rhodias sulfuric acid plant located at 20720 Wilmington 

### Avenue Carson California

### 90810 Effective 

### Date with respect toanyemissioncase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page of71

limit requiredby this Consent Decree shall mean the date beginning upon which Defendant is required to complywith such emission

### limit With respect to the Consent Decree as 

### whole effective 

### date shall have the meaning given in Paragraph

### 74 

# EPA shall meanthe United States Environmental Protection Agency and any of its successor departments oragencies 

### Facilities shall mean

### Rhodias Baytown Baton Rouge and Dominguez 

### Hammond Houston and and Martinez sulfuric acid 

### plants 

### Hammond shall mean

### Rhodias sulfuric acid plant located at 2000 Michigan 

### Street Hammond Indiana 

### 46320 Houston and shall mean

### Rhodias two sulfuric acid plants located at 8615 Manchester 

### Street Houston Texas

### 77012 Long-TermLimit shall mean sulfur dioxide 

### SO2 emission limit for sulfuricacid plant expressed as pounds perton of 100% sulfuric acid produced 

# lbs/ton averaged over all Operating Hours in rolling365-day 

### period Malfunction shall 

### mean consistent with 40 

### C.F.R 60.2 anysudden infrequent and not reasonably preventable failureof airpollution control equipmentcase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 10of71

process equipment or process to operate in normal or usual 

### manner but shall not include failures that are caused in part by poormaintenance orcareless operation 

### Martinez shall mean

### Rhodias sulfuric acid plant located at 100 Mococo 

### Road Martinez California 

### 94553 

### 100% sulfuric acid 

### produced shall meanthe stoichiometric quantity of sulfuric acid that would be produced at sulfuric acid plant if all sulfur trioxide 

### 503 exiting the converter were used to produce anhydrous sulfuric 

### acid For purposes of this definition scrubber byproduct shall be considered to be included in 

### 100% sulfuric acid

### produced Operating 

### Hours shall meanperiods during which sulfurorsulfur-bearing compounds excluding conventional fossil fuels such as natural gas or fuel 

### oils

are being fed to the furnace 

### Paragraph shall mean portion of this Decree identified by an Arabic

### numeral 

### Parties shall meanthe United 

### States the BayAreaAirQuality Management 

### District the States of Indiana and Louisiana and Defendant 

### Section shall mean portion of this Decree identifiedby roman numeral Short-Term 

### Limit shall mean the SO2case 207-cv-00134-WCL-APR document 24 flIed07/23/2007 page 11 of71

emission limit foreach sulfuric acid plant expressed as pounds per ton of 100% sulfuric acid produced 

# lbs/ton averaged over each rolling 3-hour 

### period Except for periods of

### Startup Shutdown and Malfunction the Short-Term Limits established under this Consent Decree shall apply at all

### times 

### Shutdown shall meanthe cessation of operation of sulfuricacid plant forany 

### reason Shutdown begins at the time sulfur orsulfur-bearing 

### feeds excluding conventional fossil fuels such as natural gas or fuel 

### oils to the furnace 

### ceases 

## SO2 shall mean the pollutant sulfur dioxide 

### aa Startup shall mean the 24-hourperiod at any sulfuricacid plant beginning when the feed of sulfur or sulfur-bearing materials excluding conventional fossil fuels such as natural gas or fuel 

### oils to the furnace

commences after maingas blower shutdown 

## bb State Parties shall mean Indiana Louisiana and the BayAreaAirQuality Management District inCalifornia 

### cc States shall mean California Indiana Louisiana and 

### Texas 

### dd Sulfuric acid 

### plant shall mean process unit engaged in the production of sulfuric acid and relatedcase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 12of71

products using the contact 

### process 

### ee 

# Ton or

## tons shall mean short ton or

### tons 

### ff United States shall mean the United States of

### America acting on behalf of

### EPA

IV CIVIL PENALTY Defendant shall pay

### $2000000 two million dollars as civil 

### penalty together with interest accruing from the date on which the Consent Decree is entered with the 

### Court at the rate specified in 28 

### U.S.C 1961 Within 30 days afterthe effective date of this Consent 

### Decree payment of 50% of the civil penalty 

## $1000000 shall be paid to the United States byFedWire Electronic Funds Transfer 

## EFT to the 

### U.S Department of Justice in accordance with instructions to be provided to Defendant following lodging of the Consent 

### Decree by the Financial Litigation Unit of the 

### U.S Attorneys Office for the Northern District of Indiana Hammond 

### Division At the time of

### payment Defendant shall simultaneously send written notice of payment and copy of anytransmittal documentation 

### which should reference DOJ case number 90-5- 2-1-08500 and the civil action number of this 

### case to the United States in accordance with Section XIV of this Decree 

### Notices No amount of the civil penalty to be paid bycase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 13of71

Defendant shall be used to reduce its federal or State tax obligations 

### 10 Within 30 days afterthe effective date of this Consent 

### Decree Defendant shall pay the balance of the civil penalty

## $1000000 to the State Parties as follows $333333.50 to the State of Louisiana Payment of the civil penalties and of any stipulated penalties owed to the State of Louisiana shall be madeby certified check madepayable to the Louisiana Department of Environmental Quality and sent to Darryl 

### Serio Fiscal Director Office ofManagement and 

### Finance LDEQ 

### P.O Box 

### 4303 Baton 

### Rouge Louisiana 70821-4303 

### $66666.50 to the State of 

### Indiana Civil and stipulated penalties owed to the State of Indiana are payable bycheck to the Environmental Management Special 

### Fund Checks shall include the Case Number 2006-15770-A and shall be mailed toCashier Mail Code 

## 50-bC Indiana Department of Environmental Management 100 Senate 

### Avenue Indianapolis IN 46204-2251 Any future civil and stipulated penalties owed by Rhodia to the State of Indiana shall be paid twenty percent 

## 20% to the State of Indiana and eightypercent 

## 80% to the Cityof

### Hammond $266666.50 to the Cityof

### Hammond Civil and stipulated penalties owed to the Cityof Hammond are payable bycheck to the Hammond CityController Checkscase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 14of71

shall include the Case Number of this Action and shall be mailed to Hammond Department of Environmental Management 5925 Calumet 

### Avenue Room

### 304 Hammond IN 

### 46320 Any future civil and stipulated penalties owedbyRhodia to the State of Indiana shall be paid twenty percent 

## 20% to the State of Indiana and eightypercent 

## 80% to the Cityof

### Hammond and 

### $333333.50 to the BayAreaAirQuality Management 

### District Payment of the civil penalties and of any stipulated penalties owed to the BayAreaAirQuality Management District shall be made bycheck madepayable to the Bay AreaAirQualityManagement District and sent to Bay AreaAirQuality Management District Office of District Counsel Brian 

### Bunger

# Esq District

### Counsel 939 Ellis Street San Francisco California

### 94109 COMPLIANCE REQUIREMENTS 

### 11 EmissionLimits 

### Hammond By the Effective Date specified in Paragraph 

## ll.i below the Hammond sulfuric acid plant shall meet the following SO2 emission

### limits Long-Term Limit of 2.50 lbs/ton Defendant shall commence monitoringas of the Effective 

### Date Defendant shall have until 365 days after the Effective Date todemonstrate compliance with this Long-Term 

### Limitcase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 15of71



### ii Short-Term Limit of 3.50 lbs/ton 

### Martinez By the Effective Date specified in Paragraph 

## ll.i below the Martinez sulfuric acid plant shall meet the following SO2 emission

### limits Long-Term Limit of 2.20 lbs/ton Defendant shall commence monitoringas of the Effective 

### Date Defendant shall have until 365 days fromthe Effective Date to demonstrate compliance with this Long-Term 

### Limit 

### ii Short-Term Limit of 3.00 lbs/ton Dominguez By the Effective Date specified in Paragraph

## 11.1 below the Dominguez sulfuric acid plant shall meet the following SO2 emission

### limits Complywith the applicable annual SO2 allocation as determined by the South CoastAirQuality Management 

### Districts Regional CleanAirIncentives Market 

## RECLAIM as defined in Regulation XX of the South Coast AirQualityManagement District

### Rules 

### ii Short-Term Limit of 3.50 lbs/ton Houston By the Effective Date specified in Paragraph

## ll.i below the Houston sulfuric acid plant shall meet the following SO2 emission 

### limits Long-Term Limit of 1.70 lbs/ton Defendant shall commence monitoringas of the Effective 

### Date Defendant shall have until 365 days from thecase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 16of71

Effective Date to demonstrate compliance with this Long-Term 

### Limit 

### ii Short-Term Limit of 3.00 lbs/ton Baytown Facility By the Effective Date specified in Paragraph 

## l1.i the Baytown sulfuric acid plant shall meet the following 502 emission 

### limits Long-Term Limit of 2.20 

### lbs/ton Defendant shall commence monitoringas of the Effective 

### Date Defendant shall have until 365 days fromthe Effective Date to demonstrate compliance with this Long-Term 

### Limit 

### ii Short-Term Limit of 3.00 lbs/ton Baton Rouge By the Effective Date specified in Paragraph 

## ll.i the Baton Rouge sulfuric acid plant shall meet the following SO2 emission

### limits Long-Term Limit of 2.20 lbs/ton Defendant shall commence monitoringas of the Effective 

### Date Defendant shall have until 365 days from the Effective Date to demonstrate compliance with this Long-Term 

### Limit 

### ii Short-Term Limit of 3.00 lbs/ton Baton Rouge Beginning on the Effective Date specified in Paragraph

## 11.i the Baton Rouge sulfuric acid plant shall meet the following SO2 emission limitscase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 17 of71

Long-Term Limit of 1.90 

### lbs/ton Defendant shall commence monitoring as of the Effective 

### Date Defendant shall have until 365 days from the Effective Date todemonstrate compliance with this Long-Term 

### Limit 

### ii Short-Term Limit of 3.00 

### lbs/ton Houston Beginning on the Effective Date specified in Paragraph 

## ll.i the Houston sulfuric acid plant shall meet the following SO2 emission

### limits Long-Term Limit of 1.80 

### lbs/ton Defendant shall commence monitoringas of the Effective 

### Date Defendant shall have until 365 days from the Effective Date to demonstrate compliance with this Long-Term 

### Limit 

### ii Short-Term Limit of 3.00 

### lbs/ton Effective Dates for Emission

### Limits The Effective Dates for each emission limit specified in Paragraph 

### ll.a through

## ll.h are as follows 

### Hammond July 2007 

### ii MartinezJuly 2007 

### iiiDominguez July 2007 

### iv Baytown January 2009 Houston July 2009 

## vi Baton Rouge January 2011 

### vii Baton Rouge May 2012case 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 18of71



### viii Houston April 

### 2014 NSPS Applicability Not later than the Effective Date forachieving the applicable SO2 emission limits specified in Paragraphs 

### l1.a through 

## ll.i each sulfuric acid plant shall be considered an affected facility forpurposes of the New Source Performance Standard 

### NSPS 40 

### C.F.R Part

### 60 Subpart Not later than the applicable Effective 

### Date each sulfuric acid plant covered by this Consent Decree shall complywith all applicable requirements foraffected facilitiesunder the NSPS 40 

### C.F.R Part 

### 60 Subparts and or the Consent Decree if more stringent Notices and otherobligations set forth in this Consent Decree shall be deemed to satisfy all applicable initial notification and compliance demonstration requirements of NSPS Subparts and Acid Mist 

### Limits Not later than the effective date of this Consent 

### Decree each of the sulfuric acid plants shall complywith the 

### NSPS Subpart sulfuric acid mist emissionlimitationof 0.15 lbs/ton of 100% sulfuric acid 

### produced as set forth at 40 

### C.F.R 60.83 Compliance with this limit is to be demonstrated using the performance test required byparagraph 14 of this Consent 

### DecreeBest Practices Consistent with 40 

### C.F.R 

## 60.11d at all

### times including periods of

### Startupcase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 19of71

Shutdown and Malfunction Defendant 

### shall to the extent practicable maintain and operate each of its sulfuric acid 

### plants including associated air pollution control equipment in manner consistent with good airpollution control practice forminimizingemissions Scrubber 

### Design All new scrubbers installed pursuant to this Consent Decree and used for SO2 control at any of the sulfuric acid plants shall be designed toachieve at least 95% removal efficiency except during periods of Startup Shutdown and Malfunction 

### 12 Interim Emission

### Limits Upon the effective date of this Consent Decree and until the Effective Date of the SO2 emission limits specified in Paragraph

## ll.d 11.f ll.g ll.h for the Houston Baton Rouge Baton Rouge and Houston sulfuric acid 

### plants Defendant shall comply with an interim SO2 emission limit at each of these sulfuric acid

### plants The interim SO2 emission limit for each of these sulfuric acid plants shall be the permit limit in place at the time of the effective date of this Consent Decree or the currentlyapplicable State Implementation Plan emission limit forSO2 whichever is more stringent 

### 13 Continuous EmissionsMonitoring 

### System At each of its sulfuric acid 

### plants no later than the Effective Date of each SO2 emission limitcase 207-cv-001 34-WCL-APR document 24 flIed07/23/2007 page 20 of71

established under Paragraph 

### ll.a through

## ll.i Defendant shall install and make operational SO2 continuous emissionsmonitoringsystem

# CEMS Except during CEMS breakdowns repairs calibration checks and zero span adjustments the CEMS shall be operated during all sulfuric acid plant Operating

### Hours and shall be used at each sulfuric acid plant to demonstrate compliance with the SO2 emission limits established in Paragraph 11 of this Consent 

### Decree The SO2 CEMS shall meet the following requirements The SO2 CEMS shall monitor and record the 3-hour arithmetic average 

### notweighted byproduction 

### volume SO2 emission rate from each sulfuricacid plant in units of lbs per ton of 100% acid 

### produced 

### ii Except for the Dominguez facility the SO2 CEMS shall monitor and record the SO2 emission rate from each sulfuric acid plant averaged arithmetic 

### average not weighted byproduction 

### volume over all Operating Hours in each rolling 365-dayperiod in units of lbs per ton of 100% acid produced and 

### iii The CEMS shall be installed certified calibrated maintained and operated inaccordance with the applicable requirements of 40 

### C.F.R 60.11 60.13 Part 

### 60 Appendix Performance Specification and Part 60 Appendix Procedure except as otherwise provided in this Consent Decree or as provided in the approved Alternativecase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 21 of71

Monitoring Plans described in Paragraph l3.b 

### below If an

02 monitor is necessary it shall meet 40 

### C.F.R Part 

### 60 Appendix Performance Specification Defendant has submitted an Alternative Monitoring Plan for each of its Facilitiesthat describes how Defendant proposes to implement the monitoring requirementsof this Paragraph including the methodology Defendant proposes to use to demonstrate compliance in the event of CEMS downtime lasting longer than 24 

### hours Monitoring methods specified in this Consent Decree have been approved as appropriate alternative monitoring methods forpurposes of NSPSI per 40 

### C.F.R 

## 60.13i The Alternative Monitoring Plans are

included asAppendix These plans supersede the corresponding SO2 monitoringrequirements of the NSPS and the applicable 502 monitoring requirements of the State 

### Parties Defendant shall implement the Alternative Monitoring Plans in the States of the State Parties upon installation of the SO2 CEMS at each of the sulfuric acid 

### plants In the States that are not State Parties 

### as well as in the South Coast Air QualityManagement 

### District Defendant shall either reach agreement with those States to follow the Alternative Monitoring Plans in lieu of thosecase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 22 of71



### States SO2 monitoringrequirements or else conduct SO2 monitoring incompliance with those 

### States laws and regulations in lieu of compliance with the Alternative Monitoring 

### Plans 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 inaccordance with best practices and maintaining an on-site inventoryof spare parts orother supplies necessary to make rapid repairs of the equipment In the event of CEMS downtime lasting longer than 24 

### hours Defendant shall demonstrate compliance with the applicable emission limits in Paragraph 11 according to the procedures specified in the Alternative Monitoring Plans referenced in Paragraph 

### 13.b above 

### 14 PerformanceTesting By no later than 120 days afterthe effective date of this Consent 

### Decree Defendant shall conduct an initial performance test measuring the emission rate of sulfuric acid mist from each of itssulfuric acid plants in accordance with the applicable requirements of 40 C.F.R Part 60 Appendix Reference Method or such method that is approved by

### EPA This performance test shall be used to demonstrate compliance with the acid mist emission limit established in Paragraph 

### ll.k and may serve as the NSPScase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 23 of71

performance test requiredunder 40 

### C.F.R 60.8 Defendant shall take all steps necessary to assure accurate measurements of 100% sulfuricacid production during each test 

### run By no later than 120 days afterthe Effective Date of any SO2 emission limit established under Paragraph 11 of this Consent 

### Decree Defendant shall conduct SO2 performance test on the applicable sulfuric acid plant in accordance with the applicable requirements of 40 

### C.F.R Part 60 Appendix Reference Method and Part 60 Appendix Performance Specification This test mustconsist of at least reference method test runs and may serve as the CEMS relative accuracy test requiredunder Performance Specification If applicable this test mayalsoserve 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 

### run Defendant shall notify the EPARegion and the State Party inwhich the sulfuricacid plant is located of its intent to conduct each performance test required bythis Consent Decree no later than 60 days before the performance test is conducted This notification mustinclude the scheduled date of the 

### test an emissionstest 

### protocol description of the planned operating rate and operatingcase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 24 of71

conditions and the procedures that will be used to measure 100% sulfuric acid 

### production If EPA or the State Party requires any adjustment of the testing protocol or operating conditions EPAor the State Party shall make request for such adjustmentno laterthan 30 days before the scheduled date of the performance 

### test Defendant shall make such adjustmentsand conduct the performance test in conformity with

### EPAs and the 

### States requirements Within the timeframerequired by state and/or local provisions but in any

### event not to exceed 45 days aftereach performance test conducted inaccordance with this Consent 

### Decree Defendant shall submit report documenting the results of the performance test to the applicable EPA Region and State 

### Party 

### VI PERMITS 

### 15 Where anycompliance obligation including installation orconstruction of pollution control technology

orequipment under this Consent Decree requires Defendant to obtain federal 

### state or local permitorapproval Defendant shall submit timelyand complete applications and take all other actions necessary toobtain all such permits

orapprovals Defendant may seek relief under the provisions of Section IX of this Consent Decree 

### Force Majeure for any delay in the performance of any such obligation resulting from failure to

### obtain or delay incase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 25 of71

obtaining any permit orapproval required to fulfill such obligation including but not limited

### to any necessary 

### airwater and hazardous waste construction and operating 

### permits if Defendant has submittedtimelyand complete applications and has taken all otheractions necessary to obtain all such permits orapprovals including without limitation submitting to the federal state and/or local permitting authority all relevant and available information requested by such agency after its receipt of the permit application Any failurebyDefendant to submittimely permit applications shall bar any use of Section IX 

### Force Majeure of this Consent 

### Decree where force majeure claim isbased on permitting 

### delays The EPARegion and the State Partyinwhich the sulfuric acid plant is located shall use best efforts to review expeditiously all permit applications submitted to meet the requirements of this Consent 

### Decree 

### 16 Future EmissionLimitsand Standards As soon as practicable but no later than ninety

# 90 days afterthe relevant Effective Date listedin Paragraph 

### 1l.i Defendant shall submit administratively complete applications to the applicablefederal state or local agency to incorporate that emission limit or standard into federally-enforceable minorormajornew source review permitsorotherpermits that will ensure that the underlyingemission limit or standard survives the termination of this Consent 

### Decreecase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 26 of71

In light of the Title permitting program in the State of Louisiana Defendant shall submit to

### LDEQs consolidated Title permitting 

### program under the time frame specified bythe previous sentence appropriate applications for revisions to itsexisting SulfuricAcid Plant Title permit to ensure that the emission limits and standards that become effective afterthe EntryDate shall survive the termination of this Consent 

### Decree Following submissionof the complete permitapplications 

# or forBaton Rouge and following submissionof appropriate applications forTitle permit

### revisions Defendant shall cooperate with the applicablefederal state or local agency bypromptly submitting to the applicable agency all available information that the applicable agency seeks following its receipt of the permitmaterials Promptlyupon issuance of such permits or in conjunction with such permitting Defendant shall file anyapplications necessary to incorporate the requirements of those permits into the Title permitfor the relevant sulfuric acid 

### plant Nothing in this Section shall prevent Defendant from filing such applications forpermitsorpermitrevisions priorto the Effective 

### Date 

### 17 EmissionLimits and Standards Priorto termination of the Consent 

### Decree the following Consent Decree requirements shall be incorporated into operatingcase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page27 of71



### permits including Title operating 

### permits under Paragraph 16 and shall survive termination of the Consent 

### Decree The SO2 emission limits established in Paragraph 11 of this Consent 

### Decree The acid mistemission limit established in Paragraph

## u.k of this Consent 

### Decree The monitoring requirementsestablished in Paragraph 13 of this Consent Decree including the requirementto meet the quality assurance procedures requiredby40 

### C.F.R Part 60 Appendix or anyalternative procedures specified in relevant alternative monitoring plans orState requirements as provided in Paragraph 

### 13.b above requirement that the SO2 and acid mist emission limits as defined herein shall not be 

### relaxed and The applicability of 40 

### C.F.R Part 

### 60 Subparts and 

### oranyalternative procedures specified in relevant alternative monitoringplans or State requirements

as provided in Paragraph 

### 13.b above to the Facilities 

### 18 Mechanism for Title Incorporation The Parties agree that the incorporation of the requirements of this Consent Decree into Title permitsshall be inaccordance with state Title 

### rules including applicable administrative amendment provisions of such 

### rulescase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 28 of71



### 19 Defendant shall provide the EPARegion and the State in which the sulfuric acid plant is located with copy of each application for federallyenforceable permit necessary to implement the requirements of this Consent 

### Decree as well as copy of any permit proposed as result of such application toallow fortimely participation in anypublic comment opportunity 

### 20 EmissionCredit Generation Defendant will neither generate nor use any SO2 oracid mistemissionreductions resulting from anyprojects requiredpursuant to this Consent Decree for the purpose of obtaining netting credits or offsets in any Prevention of Significant Deterioration 

# PSD majornon-attainment meaning the non-attainment area New Source Review 

## NSR program within the meaning of Part of Subchapter of the 

### Act 42 

### U.S.C 7510-7515 40 

### C.F.R Part

# 51 and/or minor NSRpermitorpermitproceeding provided 

### however that notwithstanding anyotherprovision 

### herein nothing in this Paragraph shall be construed to limit the generation and use of emissionscredits or offsets respecting SO2 or acid mist emissionreductions that are either more stringent than the emissions limits established under the Consent Decree orachieved from sources not covered under the Consent Decree as well as reductions of any otherpollutantcase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page29 of71

at any source and this Consent Decree is not intended to prohibit Defendant or the States inwhich the Facilities

are located from using emission reductions fromthe installation of controls requiredby this Consent Decree in determining whether project that includes both the installation of controls under this Consent Decree and other construction ormodification whether ornot such construction ormodification affects the 

### Facilitys production 

### capacity and which is conducted priorto the Effective Date for the relevant Facility and ispermitted

as single orphased construction 

### project triggers PSD and/or NSR requirements 

### VII REPORTING REQUIREMENTS 

### 21 Defendant shall submit the following 

### reports Within 30 days after the end of each half calendar year 

# i.e by January

### 30th July

### 30th afterentry of this Consent 

### Decree until termination of this Decree pursuant to Section 

### XVIII Defendant shall submit 

### semi annual report for the preceding sixmonths that shall include the status of any construction or compliance measures necessary to meet the emission limits set forth in Paragraphs ll.a through 

### ll.h problems encountered or anticipated together with implemented orproposed solutions status ofpermit applications operation and maintenance 

### work and any reports to State 

### agencies Thecase 207-cv-00134-WCL-APR document 24 filed07/23/2007 page 30 of71

first semi-annual report following entry of the Consent Decree shall be submitted by the later of the end of the month following the end of the first full half calendaryear afterthe date of

### entry or within 90 days of entry of the Consent 

### Decree If Defendant violates orhas reason to believe that it may

### violate any requirement of this Consent Decree orany applicable

### permits Defendant shall notify the United States and the applicable State Partyof such violation and its duration oranticipated likely duration inwriting within 30 days of the day Defendant first becomes aware of the violation orpotential 

### violation with

an explanation of the 

### violations likely cause and of the remedial steps 

### taken or to be 

### taken to prevent orminimize such violation If the cause of 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 full explanation of the cause of the violation within 30 days of the 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 requiredbySection IX of this Consent Decree Force 

### Majeure Whenever anyviolation of this Consent Decreecase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 31 of71

or any applicable permits or any other event affecting 

### Defendants performance under this 

### Decree or the performance of its sulfuricacid 

### plant maypose an immediate threat to the public health orwelfare or the environment Defendant shall notify the applicable EPA Region and State orallyorbyelectronic or facsimile transmissionas soon as

### possible but no laterthan 24 hours afterDefendant first knew

### of orshould have known 

### of the violation or

### event This procedure is inaddition to the requirements set forth in the preceding Paragraph 

### 22 All reports shall be submitted to the persons designated inSection XIV of this Consent Decree 

### Notices 23 Each report submitted by Defendant under this Section shall be signed by plant 

### manager corporate official responsible for environmental management and compliance or corporate official responsible forplant management of the Defendant and shall include the following certification certifyunderpenalty of law that have examined and am familiar with the information submitted in this document and all attachments and that this document and itsattachments were prepared either bymepersonally or undermydirection orsupervision in mannerdesigned to ensure that qualified and knowledgeable personnelproperly gather and present the information contained 

### therein further 

### certify based on mypersonal knowledge or on my inquiry of those individuals immediately responsible for obtaining thecase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 32of71

information that the information is 

### true accurate and complete am aware that there are significant penalties for submitting false information including the possibilityof fines and imprisonmentforknowingly and willfully submitting materially false statement 

### 24 The reporting requirements of this Consent Decree do not relieve Defendant of any reporting obligations requiredby the Act or implementingregulations orbyany otherfederal 

### state or local 

### law regulation 

### permit or other requirement 

### 25 Any information provided pursuant to this Consent Decree maybe used by the United States in any proceeding to enforce the provisions of this Consent Decree and as otherwise permittedby

### law VIII STIPULATED PENALTIES 

### 26 If Defendant fails to pay the civil penalty requiredto be paid underSection IV of this Decree 

### Civil Penalty when

### due Defendant shall pay stipulated penalty of $500 per day for the first 30 days that the payment is 

### late and 

### $1000 perday for each day thereafter that the payment is 

### late Late payment of the civil penalty shall be made inaccordance with Section 

### IV Paragraphs through

### 10 above Each stipulated penalty due under this Paragraph shall be paid exclusively to the Party towhom Defendant failed to make timelypayment of the civil 

### penalty 

### 27 Stipulated Penalties shall be paid in accordancecase 207-cv-001 34-WCL-APR document 24 filed 07/23/2007 page 33 of71

with Section

### VIII Paragraph

### 38 below Alltransmittal correspondence shall state that any such payment is for late payment of the civil penalty due under this 

### Decree or for Stipulated Penalties for late 

### payment as applicable and shall include the identifying information set forth in Section 

### IV Paragraphs and 

### 10 above 

### 28 Defendant shall be liable for Stipulated Penalties to the United States and the State Partyinwhich the sulfuric acid plant is located forviolations of this Consent Decree as specified 

### below unless excused under Section IX 

### Force Majeure 

### 29 Emission

### Limits The following Stipulated Penalties shall accrue per violation perdayafter the relevant Effective Date for each violation of the requirements identified in Paragraph 

### ll.a through 

## ll.i ll.k and 

### 12 above Where the violation is less than in excess of the applicable emission limit set forth in this Consent 

### Decree Penalty PerViolation PerDay Period of Noncompliance $500 1st through 30th day $1000 31st dayand beyond Where the violation is equal to orgreater than but less than 

## 10 in excess of the applicable emission limit set forth in this Consent 

### Decreecase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 34 of71

Penalty PerViolation PerDay Period of Noncompliance siooo 1st through 14th day $1500 15th day through 30th day $2000 31st dayand beyond Where the violation is equal to orgreater than 10% in excess of the applicable emission limit set forth in this Consent 

### Decree Penalty PerViolation PerDay

_______________________

13 Period of Noncompliance $1500 1st day through 14th day $2000 15th daythrough 30th day $2500 31st day and beyond CEMS Requirements The following Stipulated shall accrue perviolation perday foreach of the CEMS requirements identified in Paragraph

Penalty PerViolation PerDay Period of Noncompliance $1500 1st through 14th day $2000 15th through 30th day $2500 31st dayand beyond Performance

### Testing The following Stipulated shall accrue perviolation perday foreach of the performance testing requirements identified

Period of Noncompliance 1st through 14th day 

### 30 Penalties violation



### 31

_____________________ penalties violation in Paragraph

### 14 Penalty PerViolation PerDay $1000case 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 35 of71

$1500 15th through 30th day $2000 31st dayand beyond 

### 32 Permitting Requirements The following Stipulated Penalties shall accrue perviolation perday for each violation of the permitting requirements identified in Section VI of this Consent 

### Decree Penalty PerViolation PerDay Period ofNoncompliance $1000 1st through 14th day $1500 15th through 30th day $2000 31st dayand beyond 

### 33 Reporting Requirements The following Stipulated Penaltiesshall accrue perviolation perday for each violation of the reporting and notification requirements of Section VII of this Consent 

### Decree Penalty PerViolation PerDay Period ofNoncompliance $150 1st through 14th day $250 15th through 30th day $500 31st dayand beyond 

### 34 The following Stipulated Penalties shall accrue perviolation perday for

### Defendants failure to complywith any requirementof this Consent Decree not specifically referenced in Paragraphs 26 through 33 

### above including but not limited 

### to failing to perform any obligation required by any work plan orschedule approved under this 

### Decree within the specified time schedules established byorcase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 36of71

approved under this 

### Decree Penalty PerViolation PerDay Period of Noncompliance $150 1st through 14th day $250 15th through 30th day $500 31st dayand beyond 

### 35 Stipulated Penalties under this Section shall begin to accrue on the dayafterperformance is due or on the day violation 

### occurs whichever isapplicable and shall continue to accrue until performance issatisfactorily completed oruntil the violation 

### ceases Stipulated Penalties shall accrue simultaneously for separate violations of this Consent 

### Decree Defendant shall pay any Stipulated Penalty within 45 days of receiving the United 

### States orthe State 

### Partys written

### demand The United States and/or the State Partyinwhich the sulfuric acid plant is located may seek Stipulated Penalties under this Section Any stipulated penalties paid under this Section shall be paid 50 percent to the United States and 50 percent to the relevant State Partyregardless of which Partymade the 

### demand 

### 36 The United States and/or the State Parties

### may in the unreviewable exercise of their discretion reduce or waive Stipulated Penaltiesotherwise due that sovereign under this Consent 

### Decree The determination byone sovereign not to seek Stipulated Penalties or subsequentlycase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 37 of71

to waive orreduce the amount it 

### seeks shall not preclude the othersovereign from seeking the full amount of Stipulated Penaltiesowing to that sovereign 

### 37 Stipulated Penalties shall continue to accrue as provided in Paragraph

### 35 above during any Dispute Resolution but need not be paid until the following If the dispute is resolved byagreement orby decision of EPA or the State Party that is not appealed to the 

### Court Defendant shall payaccrued 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 Party within 30 days of the effective date of the agreement

or the receipt of

### EPAs or the State 

### Partys decision or 

### order If the dispute is appealed to the Court and the United States and/or the State Partyprevails in whole

or in

### part Defendant shall pay all accrued penalties determined bythe Court to be 

### owing together with interest at the rate specified in 28 

### U.S.C 1961 within 60 days of receiving the 

### Courtsdecision or

### order except as provided inSubparagraph 

### below If any Partyappeals the District

### Courts 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 than 30 days aftercase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 38of71

the administrative decision or judicial 

### order judgment or decree resolving the dispute becomes final and not subject to any further

### appeal 

### 38 Defendant shall pay Stipulated Penaltiesowing to the United States inaccordance with Section 

### IV Paragraph 

### above orbycertified or

### cashiers check in the amount 

### due payable to the 

## U.S Department of

### Justice referencing DOJ

## No 90-5-2-1-08500and United States 

### Attorneys Office file number2006V00872 and delivered to the office of the United States 

### Attorney Northern District of Indiana Hammond Division 5400 Federal 

### Plaza Hammond Indiana 

### 46320 

## 219 937-5500 Defendant shall pay Stipulated Penaltiesowing to the State Parties in accordance with Section 

### IV Paragraph

### 10 above 

### 39 No amount of the Stipulated Penalties to be paid byDefendant shall be used to reduce its federal or state tax obligations 

### 40 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 41 Subject to the provisions of Section XII of this Consent Decree Effect of Settlement/Reservation of

### Rights the stipulated Penaltiesprovided for in this Consent Decree shall be inaddition to any other 

### rights remedies orcase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 39 of71

sanctions available to the United States for

### Defendants violation of this Consent Decree orapplicable 

### law Where violation of this Consent Decree is also violation of the PSD/NSR Requirements the NSPS Requirements the SIP Requirements and/or the Title Requirements Defendant shall be allowed 

### credit for any Stipulated Penalties 

### paid against any statutorypenalties imposed for such violation 

### IX FORCE MAJEURE 

### 42 force majeure is any event beyond the control of Defendant its contractors or any entitycontrolled by Defendant that delays the performance of anyobligation under this Consent Decree despite 

### Defendants Best Efforts to fulfill the obligation 

### Best Efforts includes anticipating any such potential event and addressing the effects of any such event as it isoccurring and after it has occurred to prevent orminimize any resulting delay to the greatest extent practicable 

### Forcemajeure does not include 

### Defendants financial inabilityto perform anyobligation under this Consent 

### Decree 

### 43 If any event occurs which causes ormay cause delay orimpediment to performance incomplying with any provision of this Consent 

### Decree Defendant shall notify the United States the applicable EPA Regional 

### office and the relevant State Partyinwriting as soon as practicable butcase 207-cv-00134-WCL-APR document 24 flIed07/23/2007 page40of71

in any event within fourteen 

# 14 days of the date when Defendant first knew of the event orshould have known of the event by the exercise of due diligence In this 

### notice Defendant shall specifically reference this Paragraph 43 of this Consent Decree and describe the anticipated length of time the delaymay

### persist the cause or causes of the 

### delay and the measures taken or to be taken byDefendant to prevent orminimize the delay and the schedule bywhich those measures shall be implemented Defendant shall take Best Efforts to avoid or minimize such 

### delays The notice requiredby this Section shall be effective upon the mailing of the same byovernight mail orbycertified 

### mail return receipt requested to the applicable EPARegional Office and State Party as appropriate as specified in Section XIV 

### Notice 44 Failure byDefendant to substantially complywith the notice requirements of Paragraph 43 as specified above shall render this Section IX 

### Force Majeure voidable by the United States in consultation with the relevant State 

### Party as to the specific event forwhich Defendant has failed to complywith such notice requirement 

### and if 

### voided is of no effect as to the particular event involved 

### 45 The United 

### States after consultation with the relevant State 

### Party shall notifyDefendant inwriting regarding the United 

### States position regarding 

### Defendantscase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 41 of71

claim of delay or impediment to performance within thirty 

# 30 days of receipt of the force majeure notice provided under Paragraph

### 43 46 If the United 

### States after consultation with the relevant State 

### Party agrees that the delay orimpediment to performance has been or will be caused bycircumstances beyond the control of the Defendant including anyentity controlled by the Defendant and that Defendant could not have prevented the delaybythe exercise of Best 

### Efforts or if the delayor impediment to performance isdeemed to be force majeureunder Paragraph

### 49 the appropriate Parties shall stipulate to an extension of the required

### deadlines for all

### requirements affected by the delayby period equivalent to the delayactually caused bysuch circumstances Such stipulation shall be filed as material modification to the Consent Decree pursuant to the modification procedures established by this Consent Decree in Paragraph

### 76 Defendant shall not be liablefor stipulated penalties for the period of any such 

### delay 

### 47 If the United 

### States after consultation with the relevant State 

### Party does not accept 

### Defendants claim of delayorimpediment to performance Defendant must submit the matter to the Court for resolution to avoid payment of stipulated penalties by filing petition fordetermination with the Court byno later than forty-five

# 45 days aftercase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page42of71

receipt of the notice provided under Paragraph 45 

### above Once Defendant has submitted this matter to the 

### Court the United States and the relevant State Partywill have fortyfive

# 45 days to file their responses to the 

### petition If the Court determines that the delayor impediment to performance has been or will be caused bycircumstances beyond the control of the Defendant including any entity controlled byDefendant and that the delay could not have been prevented byDefendant by the exercise of Best Efforts Defendant shall be excused as to that 

### events and delay

including stipulated 

### penalties for period of time equivalent to the delaycaused bysuch circumstances 

### 48 Defendant will bear the burden of proving that any delay of 

### requirements of this Consent Decree was caused by or will be caused bycircumstances beyond its control including any entitycontrolled by

### it and that it could not have prevented the delayby the exercise of Best 

### Efforts Defendant shall also bear the burden ofproving the duration and extent of any

### delays attributable to such circumstances Any extension of one compliance date based

on particular event 

### may but does not necessarily result in an extension of subsequent compliance date or

### dates 

### 49 Unanticipated or increased costs orexpenses associatedwith the performance of 

### Defendants obligations underthis Consent Decree shall not constitute circumstancescase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page43of71

beyond its reasonable control or serve as the basis for an extension of time under this Section 

### IX However the failure of permitting authority to issue necessary construction oroperating permit in timelyfashion is an event of force majeure where the failure of the permitting authorityto issue the relevant permit isbeyond the control of the Defendant and the Defendant has taken all steps available to it to obtain the necessary 

### permit For the Houston Baton Rouge and Baton Rouge plants which require Resource Conservation and Recovery Act 

### RCRA permit if RCRA permitmodification isnecessary for any construction required bythis Consent Decree and the permitting authority has failed to issue such

## RCR permit modification within 18 months of

### Defendants full and complete permitapplication submittal and the failure of the permitting authority to act is beyond 

### Defendants control and Defendant has used Best Efforts with respect to the permit and the construction forwhich the permit is required then each additional day when such permit is not issued beyond the 18 months after 

### Defendants full and complete permitapplication submittal shall be considered day of delaycaused by force 

### majeure provided that Defendants full and complete permit application submittal

was made at least 18 months before the relevant Effective 

### Datecase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page44of71



### 50 Notwithstanding anyotherprovision of this Consent 

### Decree the Court shall not draw any inferences nor establish anypresumptions adverse to either party as result of 

### Defendants serving of force majeure notice or the Parties inabilityto reach agreement 

### 51 As part of the resolution of any matter submitted to this Court under this Section

### IX the appropriate Parties byagreement or the Court by

### order may in appropriate circumstances extend ormodify the schedule for completion of work under the Consent Decree to account for the delay in the work that occurred as result of any delay or impediment to performance agreed to by the United States or approved by this 

### Court Defendant shall be liable for stipulated penalties for its failure thereafter to complete the work in accordance with the extended or modified schedule DISPUTE RESOLUTION 

### 52 Unless otherwise expresslyprovided for in this Consent 

### Decree the dispute resolution procedures of this Section shall be the exclusive mechanism to resolve disputes arising under orwith respect to this Consent 

### Decree Defendants failureto seek resolution of dispute under this Section shall preclude Defendant from raising any such issue as defense to an action bythe United States to enforce any obligation of Defendant arising under thiscase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page45of71



### Decree 

### 53 The dispute resolution procedure set forth in this Section shall be available to resolve anyand all disputes arising under this Consent 

### Decree provided that the Party making such application has made good faith attempt to resolve the matter with the other 

### Party 

### 54 The dispute resolution procedure required herein shall be invoked upon the giving of written notice byone of the Parties to this Consent Decree toanother advising the other appropriate 

### Partyies of dispute pursuant to Section The notice shall describe the nature of the dispute and shall state the noticing 

### Partysposition with regard to such 

### dispute The Party or Parties receiving such notice will acknowledge receipt of the notice and the Parties shall expeditiously schedule meeting todiscuss the dispute informally not later than fourteen 

# 14 days from the receipt of such 

### notice 

### 55 Disputes submitted todispute resolution 

### shall in the first instance be the subject of informal negotiations between the 

### Parties Such period of informal negotiations shall not extend beyond thirty 

# 30 days fromthe date of the firstmeeting between representatives of the Parties unless it is agreed by the Parties that this period should be shortened orextended 

### 56 In the event that the Parties are unable to reachcase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page46of71

agreement during such informal negotiations 

### period the United States or the relevant State 

### Party as applicable shall provide Defendant with written summaryof its/their position regarding the dispute The position advanced by the United States and/or the relevant State 

### Party as applicable will be considered binding 

### unless within fortyfive

# 45 days of 

### Defendants receipt of the written summary Defendant files with the Court petition which describes the nature of the 

### dispute The United States or the relevant State Partyshall respond to the petition within forty-five

# 45 days of

### filing 

### 57 In resolving dispute between the partiesunder these circumstances Defendant shall bear the burden of demonstrating that its position complieswith 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 isreviewable only on the administrative record and must be upheld unless arbitraryand capricious orotherwise not in accordance with 

### law 

### 58 In the event that the EPAand the relevant State Party are unable to reach agreement amongst themselves with regard to the 

### Defendants claim the position of the United States shall be the plaintiffs final 

### position dissenting Plaintiff-Intervenor may file such othercase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page47 of71

pleadings expressing itsposition as allowed by the 

### Court 

### 59 Where the nature of the dispute is such that

more timelyresolution of the issue is

### required the time periods set forth inSection maybe shortened upon motion of one of the Parties to the dispute and approval of the 

### Court 

### 60 The Parties do not intend that the invocation of this Section by Party cause the Court todraw any inferences norestablish any presumptions adverse toeither Party as result of invocation of this 

### Section 

### 61 As part of the resolution of anydispute submitted to the dispute resolution the Parties byagreement or this 

### Court by

### order 

### may inappropriate circumstances extend or modify the schedule forcompletion of work under this Consent Decree to account for the delay in the work that occurred as result of dispute resolution Defendant shall be liable forstipulated penalties for its failure thereafter to complete the work inaccordance with the extended or modified schedule 

## XI INFORMATION COLLECTION AND RETENTION 

### 62 The United States the State Parties and their representatives including attorneys contractors and consultants shall have the right of entry into any of the Facilitiescovered bythis Consent 

### Decree at all reasonable 

### times upon presentation of credentials 

### tocase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page48 of71

monitor the progress of activities required under this Consent 

### Decree verify any data or information submitted to the United States or State Party inaccordance with the terms of this Consent 

### Decree obtain samples 

### and upon 

### request splits of any samples taken byDefendant or its representatives contractors orconsultants obtain documentary evidence including photographs and similar

### data and assess

### Defendants compliance with this Consent 

### Decree 

### 63 Until three years after the termination of this Consent 

### Decree or until three years afterthe satisfaction ofportions of this Consent Decree consistent with Paragraph 78 Partial 

### Terminationwhichever occurs 

### firstDefendant shall retain all non-identical copies of all documents records orother information including documents records

or other information inelectronic 

### form in its or its contractors or

### agents possession or

### control or that come into its or itscontractors or

### agents possession or control and that relates in any manner to 

### Defendants performance of its obligations under this Consent 

### Decree This information-retention requirement shall apply regardless of anycontrary corporate or institutionalcase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page49of71

policies or

### procedures At any time during this information-retention 

### period the United States or State Party mayrequest copies of anydocuments 

### records orother information required to be maintained under this Paragraph 

### 64 If Defendant desires to revert to itsordinary document retention policy in regards to documents it is otherwise required to retain at least months before the expiration of the document retention 

### period Defendant shall notify the United States of its intention to revert to its ordinarydocument retention 

### policy Should the United States request 

### copies Defendant mayassert that certain documents 

### records or other information isprivileged under the attorney-client privilege orany otherprivilege recognized by federal 

### law If Defendant asserts such privilege it shall provide the following the title of the document 

### record or information the date of the document 

### record or information the nameand title of each author of the document 

### record or information the

name and title of each addressee and recipient description of the subject of the 

### document record or information and the privilege asserted byDefendant However no documents records orother information created

orgenerated pursuant to the requirements of this Consent Decree shall be withheld on grounds of 

### privilege 

### 65 Defendant may also assert that informationcase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 50 of71

requiredto be provided under this Section isprotected as Confidential Business Information 

## CBI under 40 

### C.F.R Part As to any information that Defendant seeks to protect as 

### CBI Defendant shall follow the procedures set forth in 40 

### C.F.R Part 

### 66 This Consent Decree in no way limits or affects any right of entryand inspection orany right to obtain information held by the United States or the States pursuant toapplicable federal or state 

### laws regulations

or

### permits nor does it limit oraffect anyduty or obligation of Defendant to maintain documents records or other information imposed byapplicable federal or state 

### laws regulations or

### permits 

### XII EFFECT OFSETTLEMENT/RESERVATION OF RIGHTS 

### 67 This Consent Decree resolves all the civil claims of the United States and the State Parties for the violations alleged in the Complaint and in the Complaints in Intervention filed in this

### action from the date those claims accrued through the date of

### entry The claims so resolved include without limitation claims for SO2 and acid mist emissions inalleged violation of

### PSD NSR NSPS Subpart and Title and the corresponding SIP requirements based on construction modification or reconstruction projects at the sulfuric acid production units at the Facilitiesup to the filing of the Complaint incase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 51 of71

this

### action 

### 68 The United States and the States reserve all legal and equitable remedies available to enforce the provisions of this Consent 

### Decree except as expresslystated in Paragraph

### 67 This Consent Decree shall not be construed to limit the rights of the United States or the State Parties toobtain penalties or injunctive reliefunder the Act or implementingregulations orunderother federal or state 

### laws regulations orpermitconditions except as expressly specified in Paragraph 

### 67 The United States and the State Parties further reserve all legal and equitable remedies to address any imminentand substantial endangerment to the public health or welfare or the environment arising

### at or posed

### by Defendants Facilities whether related to the violations addressed in this Consent Decree orotherwise 

### 69 This Consent Decree is not 

### permit or modification of any

### permitunderany

### federal State or local laws or regulations Defendant is responsible for achieving and maintaining compliance with all applicable federal 

### State and local 

### laws regulations and 

### permits and 

### Defendants compliance with this Consent Decree shall be

no defense toany action commenced pursuant to any such 

### laws regulations orpermits Except as otherwise provided in this Consent 

### Decree the United States and the State Parties do

### not bytheir consent to the entry of thiscase 207-cv-00134-WCL-APR document 24 flIed 07/23/2007 page 52 of71

Consent 

### Decree warrant oraver in anymanner that 

### Defendants compliance with anyaspect of this Consent Decree will result in compliance with provisions of the

### Act

orwith any otherprovisions of federal 

### State or local 

### laws regulations or

### permits The Parties agree that this Consent Decree represents diligent prosecution of the claims alleged in the Complaint 

### 70 This Consent Decree does not limit or affect the rights of Defendant or of the United States or the State Parties against any third 

### parties not party to this Consent 

### Decree nor does it limit the rights of third

### parties not party to this Consent 

### Decree against 

### Defendant except as otherwise provided by

### law 

### 71 This Consent Decree shall not be construed to create rights 

### in or grant any cause of action 

### to any third party not party to this Consent 

### Decree



### XIII COSTS 

### 72 The Parties shall beartheirown costs of this 

### action including attorneys 

### fees except that the United States and the State Parties shall be entitled to collect the costs including attorneys 

### fees incurred inanyaction necessary to collect anyportion of the civil penalty orany Stipulated Penalties due but not paid byDefendant 

### XIV NOTICEScase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 53 of71



### 73 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 EPA Headquarters and the EPA Region and the State Partywhere the relevant sulfuric acid plant is 

### located as follows To the United 

### States Chief Environmental Enforcement Section Environment and Natural Resources Division 

### U.S Department of Justice Box 7611 Ben Franklin Station Washington 

### D.C 20044-7611 

### Re DOJ

## No 90-5-2-1-08500 and To 

### EPA David Schnare 

### U.S Environmental ProtectionAgency Headquarters Ariel Rios Building 1200 Pennsylvania 

### Avenue 

### N.W Mailcode 2242A Washington 

### D.C 20460 Nathan Frank 

### U.S Environmental ProtectionAgency Region AE-17 77 West 

### Jackson Blvd Chicago Ii 60604 Cynthia King 

### U.S Environmental ProtectionAgency Region C-l4J 77 West Jackson 

### Blvd Chicago Il 60604 Jan Gerro 

### U.S Environmental ProtectionAgency Region 1445 Ross Avenuecase 207-cv-001 34-WCL-APR document 24 filed 07/23/2007 page 54 of71

Suite 1200 Mailcode 6RCEA 

### Dallas TX 75202 HimanshuVyas 

### U.S Environmental ProtectionAgency Region 1445 Ross Avenue Suite 1200 Mailcode 6ENAT 

### Dallas TX 75202 Thomas Mintz 

### U.S Environmental ProtectionAgency Region 75 Hawthorne Street Mailcode ORC-2 San Francisco CA 94105 John Kim 

### U.S Environmental ProtectionAgency Region 75 Hawthorne Street Mailcode AIR-5 San Francisco CA 94105 To the State of Indiana Lynne Sullivan SeniorEnvironmental Manager Office of Enforcement/Air Section Mail Code 60-02 Indiana Department of Environmental Management 100 Senate Avenue Indianapolis IN 46204-2251 Thomas Nyhan Hammond Department of Environmental Management Hammond City

### Hall Room 304 5925 Calumet Avenue Hammond IN 46320 To the BayAreaAirQualityManagement District Alexander Crockett Bay AreaAirQuality Management District 939 Ellis Street San Francisco CA 94109 Brian Bunger Bay AreaAirQuality Management Districtcase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page55 of71

Office of DistrictCounsel 939 Ellis Street San Francisco CA 94109 To the State of Louisiana Peggy Hatch Administrator Enforcement Division Office of Environmental Compliance Louisiana Department of Environmental Quality 

### P.O Box 4312 Baton 

### Rouge Louisiana 70821-4312 To Defendant James Dragna Bingham McCutchen LLP Suite 4400 355 South GrandAvenue Los

### Angeles CA 90071 Frank Sardo Rhodia 

### Inc CN 7500 Cranbury NJ 08512-7500 Paul Linskey Rhodia 

### Inc CN 7500 Cranbury NJ 08512-7500 Any Party

### may bywritten notice to the other

### Parties change its designated notice recipient or notice address provided 

### above Notices submittedpursuant to this Section shall be deemed submitted upon 

### mailing unless otherwise provided in this Consent Decree orbymutual agreement of the Parties in

### writing 

## XV EFFECTIVE DATE 

### 74 The effective date of this Consent Decree shall be the date upon which this Consent Decree isentered by thecase 207-cv-001 34-WCL-APR document 24 filed 07/23/2007 page 56 of71



### Court

### XVI RETENTION OFJURISDICTION 

### 75 The Court shall retain jurisdiction over this case until termination of this Consent 

### Decree for the purpose of resolving disputes arising under this Decree orentering orders modifying this 

### Decree pursuant to Sections and 

### XVII oreffectuating orenforcing compliance with the terms of this 

### Decree 

### XVII MODIFICATION 

### 76 The terms of this Consent Decree may be modified onlyby subsequent written agreement signed by all the 

### Parties Where the modification constitutes material change to any term of this 

### Decree it shall be effective onlyupon approval bythe 

### Court XVIII TERMINATION 

### 77 Complete Termination AfterDefendant has maintained continuous satisfactory compliance with the requirements of the Act applicable to the emissions of SO2 orsulfuric acid mist from its sulfuric acid 

### plants and this Consent 

### Decree for period of one year after achieving compliance with all of the requirements of this Consent Decree and has paid the civil penalty and any accrued Stipulated Penaltiesas required by this Consent 

### Decree Defendant may serve upon the United States and the State Parties Request forTermination stating thatcase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 57 of71

Defendant has satisfied those requirements together with all necessary supporting documentation 

### 78 Partial Termination If Defendant has satisfied itsobligations and requirements under this Consent Decree with respect to an individual Facility and Defendant can demonstrate continuous compliance with the requirements of this Consent Decree at that Facilityfor period of one 

### year Defendant may serve upon the United States and the relevant State 

### Party Request for PartialTermination with regard to that Facility stating that Defendant has satisfiedthe requirements of this Consent Decree with respect to that Facility together with certification of continuous compliance in substantially the formprovided in Paragraph

### 23 and all necessary supporting documentation 

### 79 Following receipt by the United States and the State Parties of

### Defendants Request forTermination or Request for Partial Termination the Parties shall confer informallyconcerning the Request and anydisagreement that the Parties mayhave 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 Parties agrees that the Decree orportions thereof maybe terminated the Parties shall submit for the 

### Courtsapproval joint stipulation terminating the 

### Decreecase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 58 of71



### 80 If the United States afterconsultation with the State Parties does not agree that the Decree maybe terminated Defendant may invoke Dispute Resolution under Section of this 

### Decree However Defendant shall not seek Dispute Resolution of any dispute regarding termination under Section of this Consent 

### Decree until 30 days after service of its Request forTermination 

### XIX PUBLIC PARTICIPATION 

### 81 This Consent Decree shall be lodged with the Court for period of not less than 30 days forpublic notice and comment in accordance with 28 

### C.F.R 50.7 The United States reserves the right towithdraw orwithhold its consent if the comments regarding the Consent Decree disclose facts orconsiderations indicating that the Consent Decree is inappropriate improper orinadequate Defendant consents to entry of this Consent Decree without further 

### notice 

### 82 The Parties agree and acknowledge that final approval by Plaintiff-Intervenor the State of Louisiana Department of Environmental 

### Quality and entry of this Consent Decree is subject to the requirements of

### La R.S 302050.7 which provides forpublic notice of this Consent Decree in newspapers of general circulation and the official journals of parishes inwhich the Baton Rouge and sulfuric acid plants are located an opportunity forpubliccase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 59 of71



### comment consideration of anycomments and concurrence by the State Attorney 

### General The State of Louisiana reserves the right towithdraw orwithhold consent if the comments regarding this Consent Decree disclose facts or considerations which indicate that this Consent Decree is inappropriate improperorinadequate 

### XX SIGNATORIES/SERVICE 

### 83 Each undersigned representative of Defendant and otherparties to the Decree and the Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice 

### or his or her 

### designee certifies that he or she isfullyauthorized to enter into the terms and conditions of this Consent Decree and to execute and legally bind the Partyhe or she represents to this document 

### 84 This Consent Decree maybe signed incounterparts and itsvalidity shall not be challenged on that 

### basis 

### 85 Defendant agrees not to oppose entry of this Consent Decree by the Court or to challenge anyprovision of the 

### Decree unless the United States has notified Defendant inwriting that it no longer supportsentry of the 

### Decree 

### 86 Defendant agrees to accept service ofprocess by mail with respect to all matters arising under or relating to this Consent Decree and towaive the formal service requirements set forth in Rules and of the Federal Rulescase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page60 of71

of Civil Procedure and any applicable Local Rules of this Court including but not limited

### to service of 

### summons 

### XXI INTEGRATION 

### 87 This Consent Decree and itsAppendices constitute the final complete and exclusive agreement and understanding among the Parties with respect to the settlementembodied in the Decree and supersedes all prior agreements and understandings whether oral or

### written concerning the settlementembodied 

### herein Other than the Appendices which are attached to and incorporated in this 

### Decree and deliverables that are subsequently submitted and approved pursuant to this 

### Decree no other

### document norany representation inducement agreement understanding or 

### promise constitutes any part of this Decree or the settlement it represents nor shall it be used in construing the terms of this 

### Decree XXII FINAL JUDGMENT 

### 88 Upon approval and entry of this Consent Decree by the 

### Court this Consent Decree shall constitute final judgment of the Court in this action as to the United 

### States the State Parties and Defendant The Court finds that there is no just reason fordelay and therefore enters this judgment as final judgment under

### Fed Civ 54 and 

### 58XXIII APPENDICEScase 207-cv-00134-WCL-APR document 24 flIed07/23/2007 page 61 of71

The following appendices are attached to and incorporated into this Consent 

### Decree Appendix is the Alternative Monitoring Plans for the Rhodia Facilities Dated and entered this 23rd day of JULY 

### 2007

s/William Lee WILLIAM 

### LEE JUDGE UNITED STATES DISTRICT COURT Northern District of Indiana FOR PLAINTIFF UNITED STATES OF

### AMERICA THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter of United States Rhodia

# Inc N.D

# md relating to alleged violations of the CleanAir

### Act FOR PLAINTIFFUNITED STATES OF

### AMERICA

/s/ Matthew McKeown MATTHEW McKEOWN Acting Assistant Attorney General Environment and Natural

Resources Division United States Department of

Justice

/s/ Steve Gold STEVE GOLD SeniorAttorney Environmental Enforcement

Section Environment and Natural

Resources Division United States Department ofcase 207-cv-001 34-WCL-APR document 24 flIed07/23/2007 page 62 of71

Justice Post Office Box 7611 Washington 

### D.C 20044 

## 202 514-5260 

## 202 616-6584 

## FAX

/s/ Cynthia King CYNTHIA KING Special Trial Attorney Environmental Enforcement

Section Environment and Natural

Resources Division United States Department of

Justice 77 Jackson 

### Blvd Chicago IL 60604 312-886-6831 JOSEPH VAN BOKKELEN United States Attorney Northern District of Indiana

/s/ Wayne Ault WAYNE AULT Assistant United States

Attorney Northern District of Indiana 5400 Federal 

### Plaza Suite 1500 

### Hammond Indiana 46320 

### Telephone 219-937-5500 

### Telecopy 219-852-2770case 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 63of71

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

## Inc N.D

# Ind relating toalleged violations of the CleanAir

### Act

/5/ Mary Gade MARY GADE Regional Administrator 

### U.S Environmental Protection

Agency Regioncase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page64 of71

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

# Inc N.D

# md relating to alleged violations of the CleanAir

### Act 

## Is Granta Nakayama Granta Nakayama Assistant Administrator Office of Enforcement and

ComplianceAssurancecase 207-cv-00134-WCL-APR document 24 flIed 07/23/2007 page65 of71

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

# Inc N.D

# Ind relating toalleged violations of the CleanAir

### Act

/s/ Richard Greene RICHARD GREENE Regional Administrator 

### U.S Environmental Protection

Agency Regioncase 207-cv-00134-WCL-APR document 24 flIed07/23/2007 page 66 of71

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

## Inc N.D

# md relating to alleged violations of the CleanAir

### Act

/5/ Wayne Nastri WAYNE NASTRI Regional Administrator 

### U.S Environmental Protection

Agency Regioncase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 67 of71

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

# Inc N.D

# Ind relating toalleged violations of the CleanAir

### Act 

## Is Ronald Novak RONALD NOVAK Chief Department of Environmental

Management City of

### Hammond Indianacase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 68 of71

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

# Inc N.D

# md relating to alleged violations of the CleanAir

### Act

/s/ Jack Broadbent JACK BROADBENT Executive Officer/APCO BayAreaAirQuality

Management Districtcase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 69 of71

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

## Inc N.D

# md relating toalleged violations of the CleanAir

### Act

/5/ Thomas Easterly THOMAS EASTERLY Commissioner Indiana Department of

Environmental Management Indianapolis Indiana 

## Is Charles Todd CHARLES 13 TODD Chief Operating Officer Office of the Indiana Attorney

Generalcase 207-cv-00134-WCL-APR document 24 filed 07/23/2007 page 70 of71

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

# Inc N.D

# md relating toalleged violations of the CleanAir

### Act FOR THE STATE OF LOUISIANA



### Date March 

### 19 2007 

## Is Charles 

### FotiJr CHARLES 

### FOTI 

## Jr Attorney General Louisiana Department of Justice 

### P.O Box 94005 Baton 

### Rouge Louisiana 70804

FOR THE LOUISIANA DEPARTMENT OF ENVIRONNENTAL QUALITY 

### Date March 

### 19 2007 /s/ Harold Leggett HAROLD LEGGETT 

### Ph.d Assistant Secretary Office of Environmental Compliance Louisiana Department of Environmental Quality 

### P.O Box 4312 Baton 

### Rouge Louisiana 70821 

### Date March 

### 19 2007 

## Is Allen Kirkpatrick ALLEN KIRKPATRICK SeniorAttorney Office of the Secretary Legal Affairs Division Louisiana Department of Environmental Quality 

### P.O Box 4302 Baton 

### Rouge Louisiana 70821case 207-cv-00134-WCL-APR document 24 flIed07/23/2007 page 71 of71

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

## Inc N.D

# md relating to alleged violations of the CleanAir

### Act FOR DEFENDANT RHODIA

# INC

/s/ James Harton James 

### Harton President Rhodia 

### Inc

If different from 

### above the following is the name and address of Settling 

### Defendants agent for service and the name 

### and address ofSettling 

### Defendants counsel Counsel may act as agent for service Agent for Service Attorney

Name Name