EPA v. MONUMENT CHEMICAL KENTUCKY LLC

Case summary

1/8/2020 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. FINDINGS: MONUMENT IS THE OWNER AND OPERATOR OF A MISCELLANEOUS ORGANIC CHEMICAL MANUFACTURING FACLIITY LOCATED IN BRANDENBURG, MEADE COUNTY, KY, AIR QUALITY PERMIT V-16-039, ISSUED FEB 24, 2017. ACCORDING TO MONUMENT'S TITLE V PERMIT AND NOTICE OF COMPLIANCE STATUS REPORT (NOCSR), MONUMENT'S MCPU IS AN AFFECTED SOURCE SUBJECT TO 40 CFR PART 63, SUBPART FFFF, AND MONUMENT'S MCPU INCLUDES STORAGE TANKS M-200B AND M-129. MONUMENT'S MCPU - INCLUDING TANKS M-200B AND M-129 -- IS AN AFFECTED SOURCE BECAUSE IT PRODUCES MATERIALS IDENTIFIED AT 40 CFR 63.2435(b)(1)(i) AND (ii) AND IT OTHERWISE SATISFIES THE CRITERIA FOR AN AFFECTED SOURCE. TANKS M-200B AND M-129 ARE GROUP 1 STORAGE TANKS BECAUSE THEY HAVE A CAPACITY GREATER THAN 10,000 GALLONS OF A HAP AT GREATER THAN OR EQUAL TO 6.9 KILOPASCALS. ACCORDING TO MONUMENT'S NOCSR AND FACILITY OPERATIONAL SPECIFICATIONS, MONUMENT SELECTED THE SECOND COMPLIANCE OPTION PROVIDED BY 40 CFR PART 63, SUBPART FFFF, TABLE 4, WHICH REQUIRES THE OWNER OR OPERATOR TOO REDUCE TOTAL HAP EMISSIONS BY GREATER THAN 95 PERCENT BY WEIGHT OR TO LESS THAN 20 PPMV OF TOTAL ORGANIC CARBON (TOC) OR ORGANIC HAP BY VENTING EMISSIONS THROUGH A CLOSED VENT SYSTEM TO ANY COMBINATION OF CONTROL DEVICES (EXCLUDING A FLARE). ON NOV 5-8, 2018, EPA INSPECTORS CONDUCTED AN AIR COMPLIANCE EVALUATION AT THE MONUMENT FACILITY UTILIZING A FORWARD LOOKING INFRARED GAS FINDER (FLIR) CAMERA. THE FLIR CAMERA IS AN IMAGING TECHNOLOGY THAT USES INFRARED RADIATION TO DETECT VARIOUS GASES AND HYDROCARBONS. THE FLIR CAMERA CAN VISUALIZE CHEMICALS THAT ABSORB INFRARED RADIATION BETWEEN 3.2 AND 3.4 MICRONS (UM), WITHIN THE FLIR CAMERA'S DETECTABLE RANGE, AND IS VISIBLE WITH THE FLIR CAMERA. EPA INSPECTORS USED THE FLIR CAMERA TO INSPECT TANKS M-200B AND M-129, WHICH ARE GROUP 1 STORAGE TANKS THAT VENT EMISSIONS TO A SCRUBBER. DURING THE INSPECTION, EPA INSPECTORS USING THE FLIR CAMERA DETECTED CONTINUOUS RELEASES OF METHANOL, A VOC AND REGULATED AIR POLLUTANT, DURING UNLOADING OF METHANOL FROM TANK M-200B AND DURING LOADING OF METHANOL INTO TANK M-129 INTO THE AMBIENT AIR FROM CONSERVATION VENTS IN THE CLOSED VENT SYSTEM. THE CONTINUOUS RELEASES OF A HAP FROM THE CONSERVATION VENTS AS DESCRIBED IN THE PROCEEDING PARAGRAPH DEMONSTRATE THE MONUMENT FAILED TO DESIGN AND OPERATE A CLOSED VENT SYSTEM TO COLLECT REGULATED MATERIAL VAPORS FROM THE EMISSION POINT AND ROUTE THE VAPORS TO A CONTROL DEVICE DURING TIMES OF OPERATION, IN VIOLATION OF 40 CFR 63.2470(a) AND 63.983(a). THE CONTINUOUS RELEASES OF A HAP FROM THE CONSERVATION VENTS AS DESCRIBED ABOVE DEMONSTRATE THAT MONUMENT FAILED TO OPERATE THE FACILITY IN A MANNER CONSISTENT WITH SAFETY ND GOOD AIR POLLUTION CONTROL PRACTICE FOR MINIMIZING EMISSIONS, IN VIOLATION OF 40 CFR 63.6(e)(1)(i). ORDER: BASED UPON THE FINDINGS, RESPONDENT IS HEREBY ORDERED, PURSUANT TO SECTION 113(a)(3)(B) OF THE CAA, TO DO THE FOLLOWING: - WITHIN 100 DAYS OF THE EFFECTIVE DATE OF THIS ORDER AS SET FORTH IN SECTION G, THE RESPONDENT SHALL TAKE SUCH STEPS AS ARE NECESSARY TO PREVENT THE RELEASES OF VOC EMISSIONS TO THE ATMOSPHERE FROM TANKS M-200B AND M-129, TO COME INTO COMPLIANCE WITH 40 CFR 63.6(e)(1)(i), 63.982(c), 63.983(a), AND 63.2450(e) BY TAKING CORRECTIVE ACTIONS INCLUDING, BUT NOT LIMITED TO, EVALUATING THE CLOSED VENT SYSTEM AND A-200 SCRUBBER, AND MAINTAINING, REPAIRING, OR REPLACING THE COMPONENTS THAT LED TO THE RELEASES THAT WERE DOCUMENTED DURING THE ABOVE-REFERENCED EPA INSPECTION.

Defendants (1)

• MONUMENT CHEMICAL KENTUCKY LLCNamed in settlement

Facilities (6)

• MONUMENT CHEMICAL KENTUCKY LLC

  2450 OLIN RD, BRANDENBURG, KY, 40108

  Registry ID: 110000377976

• MONUMENT CHEMICAL KENTUCKY LLC

  2450 OLIN RD, BRANDENBURG, KY, 40108

  Registry ID: 110000377976

• MONUMENT CHEMICAL KENTUCKY LLC

  2450 OLIN RD, BRANDENBURG, KY, 40108

  Registry ID: 110000377976

• MONUMENT CHEMICAL KENTUCKY LLC

  2450 OLIN RD, BRANDENBURG, KY, 40108

  Registry ID: 110000377976

• MONUMENT CHEMICAL KENTUCKY LLC

  2450 OLIN RD, BRANDENBURG, KY, 40108

  Registry ID: 110000377976

• MONUMENT CHEMICAL KENTUCKY LLC

  2450 OLIN RD, BRANDENBURG, KY, 40108

  Registry ID: 110000377976

Statutes cited

• CAA 112D — MACT Standards
• CAA PART63 — MACT Standards (40 CFR Part 63)

Enforcement conclusions (1)

• MONUMENT CHEMICAL KENTUCKY LLCentered 2020-01-08

  Primary law: CAA

Timeline (2 milestones)

• 2020-01-08Final Order Issued
• 2020-03-23Enforcement Action Data Entered