THE VIOLATIONS DESCRIBED IN THIS REFERRAL WERE IDENTIFIED DURING A MULTI-MEDIA COMPLIANCE INVESTIGATION. THE INVESTIGATION WAS CONDUCTED ON JULY 6-15,2004, BY THE NATIONAL ENFORCEMENT INVESTIGATIONS CENTER (NEIC), AT THE REQUEST OF EPA REGION 4. BASED ON NEIC'S INVESTIGATION, THE FOLLOWING VIOLATIONS WERE IDENTIFIED:
1. SECTION 110 (STATE IMPLEMENTATION PLANS FOR NATIONAL PRIMARY AND SECONDARY AMBIENT AIR QUALITY STANDARDS) OF THE CAA, BY VIOLATING SECTIN 182(b) (PLAN PROVISIONS FOR REASONABLE FURTHER PROGRESS) OF THE CAA, AND LOUISVILLE METROPOLITAN AIR POLLUTION CONTROL DISTRICT (APCD) REGULATION 6.43, SECTION 18;
2. SECTION 111 (STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES) OF THE CAA, AND 40 CFR PART 60, SUBPART Db (STANDARDS FOR INDUSTRIAL-COMMERCIAL-INSTITUTIONAL STEAM GENERATING UNITS);
3. SECTION 112 (HAZARDOU AIR POLLUTANTS) OF THE CAA, AND 40 CFR PART 63, SUBPARTS G (SYNTHETIC ORGANIC CHEMICAL MANUFACTURING INDUSTRY), DD (OFF-SITE WASTE AND RECOVERY OPERATIONS) AND JJJ (GROUP IV POLYMERS AND RESINS; AND
4. SECTION 608 (STRATOSPHERIC OZONE PROTECTION) OF THE CAA, AND 40 CFR PART 82, SUBPART F (RECYCLING AND EMISSIONS REDUCTION).
DEFENDANT: ROHM & HAAS COMPANY (RHC). RHC IS A SPECIALTY MATERIALS COMPANY, HEADQUARTERED IN PHILADELPHIA, PENNSYLVANIA, WITH ANNUAL SALES REVENUE OF APPROX $7 BILLION. THE LOUISVILLE PLANT WAS ORIGINALLY PART OF A U.S. GOV'T OWNED RUBBER PRODUCTION CENTER, BUILT DURING THE EARLY 1940's. RHC BOUGHT THE PLANT IN