EPA v. ARKEMA, INC.

Case summary

On August 28, 2020, the Regional Judicial Officer ratified a combined Complaint and Consent Agreement between EPA Region III and Arkema, Inc. ( Responden ), the owner and operator of a chemical manufacturing plant located at 601 Tightsqueeze Industrial Road, Chatham, Virginia (the Facility ). The Respondent produces specialty chemicals (acrylate and methacrylate monomers and oligomers) at the Facility that are used in various manufacturing applications including coatings, graphic arts, electronics, adhesives and sealants. While not a not a Title V major source , the Facility engages in the production of chemicals whose uncontrolled HAP emissions would be greater than major source threshold ( MST ) restrictions. As a result, the Facility is subject to the Chemical Manufacturing Process Units NESHAP for its oligomers production, which requires it to obtain a Title V permit and to use federally enforceable control devices to maintain Facility HAP emissions below MST restrictions. The Respondent is also subject to a State-issued Stationary Source Permit to Modify and Operate (the Minor NSR Permit ) for its monomers production activities. Upon review of Respondent's 2015 through 2017 Title V Permit compliance certification reports for the Facility and is subsequent (2018 and 2019) responses to information requests issued pursuant to CAA Section 114, the Region alleged that Respondent violated: (a) oligomers process equipment VOC emission control requirements of the Facility?s federally-enforceable Title V Permit on 915 occasions between January 1, 2016 and June 8, 2019; and, (b) the monomers production equipment VOC emission control requirements of the Facility?s federally-enforceable Minor NSR Permit on 595 occasions between January 1, 2016 and June 28, 2019 by continuing to operate thermal oxidizers used to control VOC emissions from such process/production equipment while failing to maintain the minimum thermal oxidizer operating temperatures required under the relevant conditions of each of these two permits. Respondent's representatives cooperated fully with the Region during its investigation and Respondent currently is in compliance with all relevant and applicable Title V and Minor NSR Permit VOC emission control requirements and conditions. The settlement requires Respondent to pay a civil penalty of $106,500 within 30 days of the effective date of the Consent Agreement and Final Order for the identified violations. The Virginia Department of Environmental Quality has expressed no objection to the EPA's actions and there has been no further State involvement in this matter.

Defendants (1)

• ARKEMA, INC.Named in complaintNamed in settlement

Facilities (2)

• ARKEMA INC

  601 TIGHTSQUEEZE INDUSTRIAL RD, CHATHAM, VA, 24531

  Registry ID: 110007325830

• ARKEMA, INC.

  601 TIGHTSQUEEZE INDUSTRIAL RD, CHATHAM, VA, 24531-3678

  Registry ID: 110000343959

Statutes cited

• CAA 112K — Area Source MACT
• CAA 112D — MACT Standards
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• ARKEMA, INC.entered 2020-08-28

  Primary law: CAA

  Federal penalty: $106,500

Timeline (3 milestones)

• 2020-08-28Final Order Issued
• 2020-08-28Complaint Filed/Proposed Order
• 2020-09-01Enforcement Action Data Entered