EPA v. BIT MANUFACTURING INC. F/K/A TCC ACQUISITION, INC.

Case summary

BOILEN INTERTRADE, A.G. AND ITS SUBSIDIARY BIT MANU- FACTURING, INC. F/K/A TCC ACQUISITION, INC., ARE THE CURRENT OWNER AND OPERATOR OF A CHEMICAL MANUFACTURING FACILITY, COMMONLY KNOWN AS TENNESSEE CHEMICAL COMPANY (TCC), WHICH SPECIALIZES IN THE PRODUCTION OF SULFUR CONTAINING COM- POUNDS. ON SEPTEMBER 5, 1990, EPA CONDUCTED AN INSPECTION OF THE TENNESSEE CHEMICAL FACILITY WHICH UNCOVERED EVIDENCE OF VIOLATIONS OF THE FEDERAL NEW SOURCE PERFORMANCE STANDARDS (NSPS) UNDER SECTION 111 OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7411. THESE VIOLATIONS INVOLVED THE IMPROPER OPERATION AND MAINTENANCE OF THE NO. 6 SULFURIC ACID PLANT WHICH CAUSED EXCEEDANCES OF THE SULFUR DIOXIDE EMISSION STANDARD SPECIFIED IN 40 C.F.R. SUBPART H, STANDARDS OF PERFORMANCE FOR SULFURIC ACID PLANTS. EPA REGION IV IS SEEKING CIVIL PENALTIES FOR THESE PAST VIOLATIONS OF THE CLEAN AIR ACT. THIS PRE-REFERRAL LITIGATION REPORT ADDRESSES THE CLEAN AIR ACT VIOLATIONS DISCOVERED AS A RESULT OF THE SEPTEMBER 5, 1990, EPA INSPECTION. THIS CIVIL ENFORCEMENT ACTION ALSO RESOLVES THE TERMS OF A CERCLA SECTION 106 ADMINISTRA- TIVE ORDER ISSUED AS A RESULT OF THE RELEASE OF AN UNKNOWN QUANTITY OF SULFUR DIOXIDE INTO THE AIR FOLLOWING THE RESTART OF THE NO. 6 SULFURIC ACID PLANT ON AUGUST 16, 1990. THE ENVIRONMENTAL PROBLEMS AT THE TENNESSEE CHEMICAL FACILITY ARE MULTIMEDIA IN NATURE. IN ADDITION TO THE CLEAN AIR ACT VIOLATIONS OF CERCLA AND EPCRA ARE SEPARATELY BEING PURSUED AT THE FACILITY.

Defendants (3)

• BIT MANUFACTURING, INC F/K/A TCC ACQ.Named in complaintNamed in settlement
• BOLIDEN INTERTRADE A.G.Named in complaintNamed in settlement
• TCC ACQUISITION, INC.Named in complaintNamed in settlement

Facilities (1)

• INTERTRADE HOLDINGS INCORPORATED

  HWY. 68, COPPERHILL, TN, 37317

  Registry ID: 110000589934

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• BOLIDEN INTERTRADE A.G.entered 1993-08-17

  Primary law: CAA

  Federal penalty: $25,000

Timeline (8 milestones)

• 1990-09-05Enforcement Action Data Entered
• 1993-04-08Referred To Dept Of Justice
• 1993-06-20Referred TO U.S. Attorney
• 1993-08-17Final Order Lodged
• 1993-08-17Final Order Entered
• 1993-08-17Complaint Filed With Court
• 1993-08-17Concluded
• 2001-08-27Enforcement Action Closed