DuPont must comply with air pollution control measures required by the Clean Air Act, and the Emergency Planning and Community Right-to-Know Act at its DuPont Yerkes chemical manufacturing facility in Tonawanda, NY.

The Environmental Protection Agency (EPA) said a legal agreement with DuPont ended up approved by the District Court for the Western District of New York.

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The Clean Air Act requires large industrial facilities that emit hazardous air pollutants report emissions and have effective pollution controls. Hazardous air pollutants may cause serious health effects, such as respiratory effects, birth defects and cancer.

As a result of the agreement, DuPont will test the emissions from its smoke stack and pay a civil penalty to the federal government of $440,000. After EPA’s inspection, DuPont installed equipment to reduce its emissions of hazardous air pollutants at the facility.

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“Hazardous air pollutants can damage people’s health and it is imperative that companies do everything possible to reduce this type of pollution,” said EPA Regional Administrator Judith A. Enck.

Among other violations, the complaint said the Tonawanda DuPont facility did not have the proper operating parameters for its pollution control equipment and failed to maintain a monitoring system for the equipment. The complaint also alleges the company violated several reporting requirements and underreported air pollution on its annual EPCRA statements.

Under the finalized and approved agreement, DuPont will:
• test and properly operate emission monitoring systems
• conduct a test of emissions coming from its stack to demonstrate compliance with the Clean Air Act
• enable proper operation of the air pollution monitoring systems
• pay a penalty of $440,000

The facility has corrected its reporting requirement deficiencies.

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