EPA v. PHELPS DODGE REFIN

Case summary

NATURE OF THE CASE: OPACITY VIOL'S AT THE #1 WIREBAR FURNACE & WASTE HEAT BOILER. AREA IS PRIMARY ATTAINMENT FOR TSP, NONAT- TAINMENT FOR SECONDARY TSP. ITS EMISSION POINT G, THE #1 WIREBAR FURNACE, W/OPACITIES IN EXCESS OF THE MAXIMUM PERMITTED UNDER THE APPLICABLE NY STATE REGULATION, SEC 212.7, TITLE 6, OFFICIAL COMPLI- LATION OF CODES, RULES & REGULATIONS OF THE STATE OF NY ( NYCRR ). FURTHER VISIBLE EMISSIONS EVALUATIONS WERE PERFORMED AT THE FACILITY LATER THE SAME YEAR, WHICH SHOWED ADDITIONAL VIOL'S OF THIS REGULATION. IN 1979 WE DISCOVERED THAT, DUE TO AN OVERSIGHT YEARS EARLIER, 6 NYCRR SEC 212.7 HAD NEVER ACTUALLY BEEN APPROVED BY EPA AS PART OF THE NY STATE IMPLEMENTATION PLAN(SIP) PURSUANT TO SEC 110 OF THE CAA. CONSEQUENTLY, ENFORCEMENT EFFORTS WERE AT THAT TIME SHIFTED FROM EPA TO THE NY STATE DEPT OF ENVIRONMENTAL CONSERVATION(NYSDEC) WHICH COULD, OF COURSE, ENFORCE ITS OWN REGULATIONS. IN RESPONSE TO EPA & NYSDEC PRESSURE, THE CO MADE SOME EFFORTS TO UPGRADE ITS PERFORMANCE, THOUGH IT WAS NEVER FULLY SUCCESSFUL IN REDUCING THE OPACITY OF ITS EM- ISSIONS. A STACK TEST PERFORMED IN 1/80 ON THE EMISSIONS POINT IN QUESTION SHOWED MARGINAL COMPLIANCE W/APPLICABLE MASS EMISSIONS LIMITATIONS; AN EPA REVIEW, HOWEVER, INDI- CATED THAT THE OPERATING CONDITIONS DURING THE TEST WERE NOT REPRESENTATIVE OF NORMAL OPERATING CONDITIONS, & THE TEST WAS THEREFORE NOT CONSIDERED DISPOSITIVE. BY THE TIME THE TEST RESULTS WERE EVALUATED THE #1 WIREBAR FUR- NACE HAS BEEN TAKEN OUT OF SERVICE TEMPORALILY, & REPLAC- ED BY ANOTHER FURNACE. ON 11/12/81, EPA APPROVED A REVISION TO THE NY SIP WHICH INCLUDED 6 NYCRR SEC 212.7. THIS REGULATION THERE- UPON BECAME FEDERALLY ENFORCEABLE. IN 1982 THE #1 WIREBAR FURNANCE WAS RETURNED TO SER- VICE, & ONCE AGAIN BEGAN TO EMIT SMOKE W/HIGH OPACITIES. THE NYSDEC DID NOT TAKE ANY ACTION AGAINST THE SOURCE. CONSEQUENTLY, ON 7/22/82, A CERTIFIED EPA VISIBLE EMIS- SIONS INSPECTOR VISITED THE CO'S MASPETH FACILITY & DOCU- MENTED VISIBLE EMISSIONS FROM THIS FURNANCE W/OPACITIES AS HIGH AS 3 TIMES THE 20% MAXIMUM PERMITTED UNDER 6 NYCRR SEC 212.7. A NEW NOTICE OF VIOL WAS ISSUED TO THE CO ON 8/25/82 CITING IT FOR VIOL'ING THAT REGULATION. AN IN- SPECTION OF 11/1/82 VERIFIED A 30 DAY CONTINUING VIOL THIS ESTABLISHES A STATUTORY BASIS FOR A CIVIL ACTION. THE NYSDEC HAS ASKED EPA TO ASSUME RESPONSIBILITY FOR ENFORCEMENT OF THIS REGULATION AT THE PDRC FACILITY.

Defendants (1)

• PHELPS DODGE REFINNamed in complaintNamed in settlement

Facilities (1)

• PHELPS DODGE REFINING CORP

  42-02 56TH RD, MASPETH, NY, 113782003

  Registry ID: 110004333445

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• PHELPS DODGE REFINING CORPentered 1984-04-30

  Primary law: CAA

  Federal penalty: $20,000

Timeline (8 milestones)

• 1982-09-24Referred To Headquarters
• 1982-11-03Referred To Dept Of Justice
• 1983-03-18Referred TO U.S. Attorney
• 1983-03-30Complaint Filed With Court
• 1984-04-30Final Order Lodged
• 1984-04-30Final Order Entered
• 1984-04-30Concluded
• 1989-09-01Enforcement Action Closed