EPA v. DUPONT SULFURIC ACID PLANT - WURTLAND, KY (NATIONAL CASE)

Case summary

EPA HAS DETERMINED THAT THE INSTALLATION OF THE NEW DRYING TOWER AND THE RE-TUBING OF THE ECONOMIZER AT THE DUPONT PLANT IN WURTLAND, KY, WERE NOT ROUTINE MAINTENANCE, REPAIR, AND REPLACEMENT. THE UPGRADES TO THE PLANT WERE MAJOR MODIFICATIONS WHICH SHOULD HAVE TRIGGERED PSD ASSESSMENT AND REVIEW PURSUANT TO THE REGULATIONS AT 40 CFR 52.21. REGION 4 HAS CALCULATED A DRAFT PENALTY FOR THE WURTLAND FACILITY OF $1,988,277. EPA AND DUPONT AGREE TO ENTER INTO NEGOTIATIONS FOR A NATIONAL CONSENT DECREE. THE NATIONAL SETTLEMENT WOULD RESOLVE NSPS AND PSD VIOLATIONS AT ALL FIVE DUPONT SULFURIC ACID PLANTS. REGION 4 ANTICIPATES PLAYING AN ACTIVE ROLE IN TECHNICAL MEETINGS AND NEGOTIATIONS

Defendants (1)

• E.I. DUPONT DE NEMOURS & COMPANYNamed in complaintNamed in settlement

Facilities (4)

• NEXPERA LLC - WURTLAND PLANT

  400 HARRIS RD, WURTLAND, KY, 41144

  Registry ID: 110000379876

• NEXPERA LLC - WURTLAND PLANT

  400 HARRIS RD, WURTLAND, KY, 41144

  Registry ID: 110000379876

• NEXPERA LLC - WURTLAND PLANT

  400 HARRIS RD, WURTLAND, KY, 41144

  Registry ID: 110000379876

• NEXPERA LLC - WURTLAND PLANT

  400 HARRIS RD, WURTLAND, KY, 41144

  Registry ID: 110000379876

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• DUPONT SULFURIC ACID PLANT - WURTLAND, KY (NATIONAL CASE)entered 2008-01-24

  Primary law: CAA

  Federal penalty: $618,750

Timeline (8 milestones)

• 2004-09-17Referred To Dept Of Justice
• 2004-09-20Enforcement Action Data Entered
• 2007-07-20Complaint Filed With Court
• 2007-07-20Final Order Lodged
• 2008-01-24Concluded
• 2008-01-24Final Order Entered
• 2023-08-10Enforcement Action Closed
• 2023-08-10Air Resolved