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 TE