Cooley conducted performance tests on a add-on control device (a thermal oxidizer) on November 7 and 20, 2006. Based on the test results and additional investigation regarding its thermal oxidizer, Cooley determined that the oxidizer could not be repaired or modified in a manner that would allow Coater #5 to achieve the required emissions standard under 40 CFR Part 63, Subpart OOOO (Fabric Coating NESHAP) without installing a new oxidizer. Cooley was required to meet the emission standard for the Fabric Coating NESHAP by May 29, 2006.
Cooley notified EPA in January 2007 of Coater #5's inability to comply with the Fabric Coating NESHAP. Cooley also discussed its plans to order, construct and install a new regenerative thermal oxidizer (RTO) at its facility as soon as possible. In February 2007, EPA issued an administrative order to Cooley that set forth a schedule for the construction, installation and tesing of the new RTO. Cooley completed the construction, installation and testing of the new RTO by the end of August 2007.