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Intel Corporation - Questions and Answers

What is the next step?

The next step is for DEQ staff to send an enforcement referral to DEQ’s Office of Compliance and Enforcement. The Office of Compliance and Enforcement will determine the amount of the civil penalty, and will draft a Mutual Agreement and Order which will be negotiated with Intel.
 

How much will the civil penalty be, and when must it be paid?

The Mutual Agreement and Order will specify the civil penalty amount as well as when it must be paid. DEQ staff cannot discuss the civil penalty amount or due date until the Mutual Agreement and Order is issued.
 

When will the Mutual Agreement and Order be issued?

There is no deadline for issuing the Mutual Agreement and Order, but DEQ anticipates issuing it from three to eight weeks after the pre-enforcement notice was sent.
 

Will the Mutual Agreement and Order require anything else?

In general, DEQ staff may not discuss the details of a Mutual Agreement and Order until it has been issued. However, the pre-enforcement notice states that DEQ expects Intel to apply for a Prevention of Significant Deterioration permit; DEQ expects the Mutual Agreement and Order to require this.
 

Who will be involved in negotiating the Mutual Agreement and Order?

The Mutual Agreement and Order will be negotiated between DEQ and Intel.
 
What is a Prevention of Significant Deterioration permit?
A Prevention of Significant Deterioration permit is type of construction permit that involves a thorough review of emission controls for a proposed new or modified facility. As part of the permit process, DEQ will identify the Best Available Control Technology that Intel must install to minimize emissions from their new facilities.
 

Wasn’t Intel supposed to get a Prevention of Significant Deterioration permit before they began construction of their new facilities?

Intel was not supposed to get a Prevention of Significant Deterioration permit before they began construction of their new facilities. Intel was supposed to get a different, less stringent type of permit before they began construction. However, DEQ has concluded that Intel must apply for a Prevention of Significant Deterioration to resolve the violations.
 

How long does it take to issue a Prevention of Significant Deterioration permit?

It can take several months to prepare a Prevention of Significant Deterioration permit application. After DEQ has received the application, it can take twelve to eighteen months to issue the permit.
 
Will DEQ hold any public meetings or hearings as part of this process?

DEQ will hold the following meetings or hearings as part of this process:
  • There will be a public information meeting shortly after the Mutual Agreement and Order is issued to explain what it is and what will happen.
  • There will be a public information meeting shortly after DEQ receives the Prevention of Significant Deterioration permit application to explain the permit process and take informal comments from the public.
  • There will be a public information meeting and a public hearing, either together or on separate days, after DEQ has drafted the Prevention of Significant Deterioration permit to explain what the permit requires and to take formal comments from the public.
 

Will DEQ still issue a Title V permit to Intel?

The Title V permit will be issued some time after the Prevention of Significant Deterioration permit is issued. The Title V permit will incorporate the decisions made in the Prevention of Significant Deterioration permit.
 

Will there be a public hearing for the Title V permit?

There will be a separate public hearing to take formal comments on the draft Title V permit.