EPA v. EMERALD CAROLINA CHEMICALS

Case summary

10/25/12 - CONSENT DECREE ENTERED. EPA IDENTIFIED VIOLATIONS OF THE LEAK DETECTION AND REPAIR (LDAR) REQUIREMENTS OF THE NATIONAL EMISSION STANDARDS FOR SYNTHETIC ORGANIC CHEMICAL MANUFACTURING INDUSTRY (40 CFR PART 63, SUBPART F), THE NATIONAL EMISSION STANDARDS FOR ORGANIC HAZARDOUS AIR POLLUTANTS FOR EQUIPMENT LEAKS (40 CFR PART 63, SUBPART H), THE NATIONAL EMISSION STANDARDS FOR ORGANIC HAZARDOUS AIR POLLUTANTS: MANUFACTURE OF AMINO/PHENOLIC RESINS (40 CFR PART 63, SUBPART OOO), AND THE NATIONAL EMISSION STANDARDS FOR EQUIPMENT LEAKS - CONTROL LEVEL 2 STANDARDS (40 CFR PART 63, SUBPART UU). THE CD, ENTERED BY THE COURT ON OCT 22, 2012, REQUIRED THE IMPLEMENTATION OF AN ENHANCED LDAR PROGRAM THAT WOULD INCLUDE A FACILITY WIDE LDAR OPERATING PLAN, AN UPDATE OF THE FACILITY'S STANDARD OPERATING PROCEDURES, THE IMPLEMENTATION OF INCREASED DOCUMENTATION FOR THE LDAR PROGRAM, AND A HAZARD ANALYSIS FOR BOTH THE AMINO RESINS UNIT AND THE GLYOXOL UNIT, IF THE GLYOXOL UNIT IS EVER RECOMMISSIONED. THE CD ALSO ASSESSED A PENALTY OF $125,000 THAT WAS SPLIT EVENLY BETWEEN THE U.S. AND MECKLENBURG COUNTY, NC, THE CO-PLAINTIFF IN THIS CASE.

Defendants (1)

• EMERALD SPECIALTY CHEMICAL, LLCNamed in complaintNamed in settlement

Facilities (1)

• DYSTAR LP

  8309 WILKINSON BLVD., CHARLOTTE, NC, 282149052

  Registry ID: 110000349436

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• EMERALD CAROLINA CHEMICALS (04-2013-C003)entered 2012-10-25

  Primary law: CAA

  Federal penalty: $62,500 · State/local: $62,500

Timeline (8 milestones)

• 2008-06-30Referred To Dept Of Justice
• 2008-07-01Enforcement Action Data Entered
• 2012-08-24Complaint Filed With Court
• 2012-08-24Final Order Lodged
• 2012-10-25Concluded
• 2012-10-25Final Order Entered
• 2015-08-12Enforcement Action Closed
• 2015-08-12Air Resolved