1. SECTION 113(B) OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413(B).
2. ALCOA, INC., FM 1786, ROCKDALE, MILAM COUNTY, TEXAS 76567
3. RESPONDENT WAS IN VIOLATION OF SECTIONS 110 AND 165 OF THE CAA BY: 1) FAILING TO OBTAIN A PRECONSTRUCTION PERMIT AS REQUIRED BY THE PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REGULATIONS OF THE TEXAS STATE IMPLEMENTATION PLAN (SIP), PRIOR TO MAKING MAJOR MODIFICATIONS AT THE ROCKDALE FACILITY.
2/27/07: Original Demand for Stipulated Penalties in the amount of $859,000 dated 2/27/07.
4. RELIEF SOUGHT PURSUANT TO SECTION 113(B) OF THE CAA, EPA SUBMITTED A DIRECT REFERRAL REQUESTING DOJ PROVIDE ASSISTANCE TO EPA IN DEVELOPING A CIVIL ENFORCEMENT ACTION FOR INJUNCTIVE RELIEF AND OTHER RELIEF AGAINST THE RESPONDENT. EPA IS SEEKING A CIVIL PENALTY OF $39,171,000 FOR THE VIOLATIONS CITED.
5. THE LITIGATION TEAM IS INVESTIGATING WHETHER NSPS WAS TRIGGERED DUE TO THE ACTIVITIES THAT OCCURRED DURING THE SANDOW BETTERMENT PROGRAM AND, IF SO, WHICH NSPS SUBPART IS APPLICABLE. THE REFERRAL WILL BE SUPPLEMENTED AS SOON AS POSSIBLE WHEN THE LITIGATION TEAM HAS SUFFICIENT EVIDENCE TO PROVE NSPS VIOLATIONS.