ERGON ALLEGEDLY VIOLATED THE CAA PREVENTION OF SIGNIFICANT DETERIORATION (PSD) AND NEW SOURCE REVIEW (NSR) REQUIREMENTS BY NOTIFYING BOILERS AND HEATERS AT ITS REFINERY W/O FIRST OBTAINING PERMITS FROM WV DEP. ERGON ALSO ALLEGEDY VIOLATED VARIOUS NEW SOURCE PERFORMANCE STANDARDS (NSPS) AND NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAPS) APPLICABLE TO PETROLEUM REFINERIES. THIS CASE IS PART OF THE NATIONAL REFINERY INITIATIVE AND HAS BEEN SETTLED. A JUDICIAL DECREE WILL BE LODGED WITH THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI BECAUSE VIOLATIONS AT ERGON'S REFINERY IN JACKSON, MISSISSIPPI ARE ALSO PART OF THIS SETTLEMENT