EPA v. AKZO NOBEL FUNCTIONAL CHEMICALS LLC (NOURYON FUNCTIONAL CHEMICALS)

Case summary

9/10/19 - COMPLAINT FILED. NOURYON FUNCTIONAL CHEMICALS LLC fka AKZO NOBEL FUNCTIONAL CHEMICALS UNDERTOOK A MAJOR MODIFICATION, THE REPLACEMENT OF AN EXTERNAL SUPERHEATER, IN THEIR SULFURIC ACID PLANT WITHOUT OBTAINING PRE-CONSTRUCTION PERMITS AND INSTALLING AND OPERATING THE BEST AVAILABLE CONTROL TECHNOLOGY FOR SO2 AND SULFURIC ACID MIST (SAM) EMISSIONS AS REQUIRED BY THE PREVENTION OF SIGNIFICANT DETERIORATION (PSD) AND THE FEDERALLY ENFORCEABLE ALABAMA STATE IMPLEMENTATION PLAN (SIP). THIS MODIFICATION RESULTED IN AN INCREASE IN EMISSIONS. AS A RESULT OF THIS CD, THE FACILITY IS REQUIRED TO INSTALL EMISSION CONTROLS AT THE SULFURIC ACID PLANT, SPECIFICALLY A PEROXIDE SCRUBBER. THE RESULTING COMPLIANCE MEASURES FROM THIS SETTLEMENT WILL REDUCE SO2 EMISSIONS BY 2340 TONS PER YEAR (TPY) AND SAM EMISSIONS BY 40 TPY. ADDITIONALLY, THE FACILITY WILL COMPLETE $150,000 MITIGATION PROJECT THAT BENEFITS THE ALABAMA STATE PORT AUTHORITY. IN JUNE 2009, AKZO NOBEL'S AXIS, AL, SULFURIC ACID PLANT WAS INSPECTED AS PART OF EPA'S NATIONAL ENFORCEMENT INITIATIVE: REDUCING AIR POLLUTION FROM THE LARGEST SOURCES BY INCREASING COMPLIANCE WITH CAA, PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS AT ACID PLANTS. EPA ALSO SENT AKZO NOBEL INFORMATION REQUESTS UNDER SECTION 114 OF THE CAA. BASED ON INFO OBTAINED DURING ITS INVESTIGATION, EPA IS REFERRING TO DOJ POTENTIAL CLAIMS AGAINST AKZO NOBEL RELATING TO MAJOR MODIFICATIONS(S) THAT AKZO NOBEL APPEARS TO HAVE PERFORMED WITHOUT THE REQUISITE PSD REVIEW AND PERMITTING. EPA IS SEEKING INJUNCTIVE RELIEF AND PENALTIES.

Defendants (2)

• AKZO NOBEL FUNCTIONAL CHEMICALS, LLCNamed in complaintNamed in settlement
• NOURYON FUNCTIONAL CHEMICALS LLCNamed in complaintNamed in settlement

Facilities (8)

• AKZO NOBEL FUNCTIONAL CHEMICALS

  13440 HWY 43 N, AXIS, AL, 36505-4313

  Registry ID: 110000741243

• AKZO NOBEL FUNCTIONAL CHEMICALS

  13440 HWY 43 N, AXIS, AL, 36505-4313

  Registry ID: 110000741243

• NOURYON FUNCTIONAL CHEMICALS LLC

  13440 HWY 43 NORTH, AXIS, AL, 36505

  Registry ID: 110000741243

• NOURYON FUNCTIONAL CHEMICALS LLC

  13440 HWY 43 NORTH, AXIS, AL, 36505

  Registry ID: 110000741243

• AKZO NOBEL FUNCTIONAL CHEMICALS

  13440 HWY 43 N, AXIS, AL, 36505-4313

  Registry ID: 110000741243

• NOURYON FUNCTIONAL CHEMICALS LLC

  13440 HWY 43 NORTH, AXIS, AL, 36505

  Registry ID: 110000741243

• AKZO NOBEL FUNCTIONAL CHEMICALS

  13440 HWY 43 N, AXIS, AL, 36505-4313

  Registry ID: 110000741243

• NOURYON FUNCTIONAL CHEMICALS LLC

  13440 HWY 43 NORTH, AXIS, AL, 36505

  Registry ID: 110000741243

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• AKZO NOBEL FUNCTIONAL CHEMICALS LLC (NOURYON FUNCTIONAL CHEMICALS)entered 2019-11-21

  Primary law: CAA

  Federal penalty: $150,000 · State/local: $150,000

Timeline (6 milestones)

• 2014-09-12Referred To Dept Of Justice
• 2014-09-16Enforcement Action Data Entered
• 2019-09-10Complaint Filed With Court
• 2019-09-10Final Order Lodged
• 2019-11-21Final Order Entered
• 2019-11-21Concluded