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Large emission sources targeted by EPA

McAfee & Taft RegLINC - May 2011


In accordance with the EPA’s National Enforcement Initiatives for 2011- 2013, the agency is scrutinizing large emission sources to reduce air pollution. The focus of this effort is to improve industry compliance with new source review provisions of the Clean Air Act (CAA). In 2010, the EPA’s enforcement efforts led to $1.4 billion in pollution controls and $14 million in civil penalties. 

Terra Industries Inc., a nitrogen fertilizer and nitric acid producer, has entered into a consent decree with the EPA and DOJ to settle violations alleged at nine plants in three states. The plants – located in Verdigris and Woodward, OK, Sergeant Bluff, IA, and Yazoo City, MS - allegedly failed to obtain necessary pre-construction and operating permits, install the best available air pollution control technology, comply with air emission limits, and comply with emission monitoring, recordkeeping and reporting requirements. The consent decree for these alleged violations requires the installation of new pollution controls and technologies at a cost of $17 million in addition to civil penalties payable to the United States, Oklahoma, Iowa and Mississippi, totaling $625,000.