EPA v. ROHM AND HAAS KENTUCKY, INC.

Case summary

ROHM AND HAAS KENTUCKY, INC. OPERATES A SPECIALITY CHEMICAL PROCESSING PLANT LOCATED IN LOUISVILLE, KY. IT PRODUCES BY- PRODUCTS OF PLASTIC ADDITIVES, INCLUDING EMULSIONS, RESINS, MOLDING POWDER AND PELLETS, PLEXIGLAS, AND ACRYLIC COATING. THE PLANT USES THREE COAL-FIRED BOILERS TO SUPPLY ITS RE- QUIREMENTS FOR STEAM AND TO SELL STEAM TO NEIGHBORING FACI- LITIES. ROHM AND HAAS LEASED A RECONSTRUCTED NATURAL GAS STEAM GENERATING BOILER TO PRODUCE STEAM DURING MAINTENANCE OUTAGES OF ITS THREE EXISTING BOILERS. IT OPERATED THE BOI- LER FROM SEPTEMBER 1989 TO JUNE 1991. THE COMBUSTION OF NATURAL GAS IN BOILERS RESULTS IN EMISSION OF NITROGEN OXIDES, A FEDERALLY REGULATED AIR POLLUTANT. THE BOILERS WHICH EMIT NITROGEN OXIDES ARE SUBJECT TO THE PROVI- SIONS OF SECTION 111 OF THE CLEAN AIR ACT (CAA) 42 U.S.C. S 7411, AND 40 C.F.R. PART 60. IN ADDITON, THE RECONSTRUCTED INDUSTRIAL BOILER THAT WAS LEASED BY ROHM AND HAAS WAS SUB- JECT TO SUBPARTS A AND DB OF 40 C.F.R. PART 60. THE PROVIS- IONS PROMULGATE STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES OF AIR POLLUTANTS, AND ARE REFERRED TO AS NEW SOURCE PERFORMANCE STANDARDS (NSPS). ROHM AND HAAS VIOLATED THE NSPS PROVISIONS WHEN IT FAILED TO CONDUCT AN INITIAL PERFORMANCE TEST OF THE LEASED BOILER IN A TIMELY MANNER, AND FAILED TO INSTALL, CALIBRATE, MAIN- TAIN, AND OPERATE A CONTINOUS MONITORING SYSTEM FOR MEASUR- ING EMISSIONS OF NITROGEN OXIDES IN A TIMELY MANNER AS RE- QUIRED BY LAW. REGION IV IS SEEKING PENALTIES FOR THE VIOLATION OF NSPS FROM THIS COMPANY IN THE AMOUNT OF $25,000.00.THE REGION HAS NOT REQUESTED INJUNCTIVE RELIEF IN THIS CASE BECAUSE THE BOILER WAS REMOVED FROM THE PLANT IN JUNE 1991 AND THE INITIAL PERFORMANCE TESTING OF THE BOILER IN AUGUST 1990 DEMONSTRATED COMPLIANCE WITH THE NITROGEN OXIDES STANDARD PROMULGATED AT SUBPART DB. THERFORE, THERE IS NO CHANCE THAT THE VIOLATIONS WILL RECUR AND REGION IV HAS NO DATA TO DETERMINE WHETHER OR NOT THE BOILER CAUSED ANY ENVIRON- MENTAL HARM TO THE AREA. THERE ARE NO ISSUES OF PRECEDENTIAL OR NATIONAL SIGNIFICANCE IN THIS CASE.

Defendants (1)

• ROHM AND HAAS KENTUCKY, INC.Named in complaintNamed in settlement

Facilities (1)

• ROHM & HAAS COMPANY LOUISVILLE PLANT

  4300 CAMP GROUND RD., LOUISVILLE, KY, 40216

  Registry ID: 110000378555

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• ROHM AND HAAS KENTUCKY, INC.entered 1994-08-02

  Primary law: CAA

  Federal penalty: $32,500

Timeline (8 milestones)

• 1992-03-01Enforcement Action Data Entered
• 1992-03-01PRN Sent
• 1994-05-19Referred To Dept Of Justice
• 1994-08-02Final Order Lodged
• 1994-08-02Final Order Entered
• 1994-08-02Complaint Filed With Court
• 1994-08-02Concluded
• 1994-11-10Enforcement Action Closed