A notice from the Ohio EPA, dated April 5, says the results of the test showed the source to be out of compliance with applicable regulations and existing plant permits.

The testing, which took place during a recent labor dispute, showed that furnace one was exceeding allowable emissions by nearly 10 pounds an hour. The allowable emission rate for the furnace is 27.2 pounds an hour for the production of silicomanganese. But, the November testing rated total emissions at 36.4 pounds an hour.

As a result of the failed emissions testing, Eramet officials have been asked to submit a plan for achieving compliance within 15 days. The company could still face civil penalties over the matter, but a decision on whether to pursue such fines will be made by OEPA at a later date.