EPA v. 3V SIGMA USA, INC (CIVIL REFERRAL FOR LDAR REQUIRMENTS)

Case summary

May 3, 2023 - Consent Decree The consent decree for 3V Sigma USA, Inc., addresses alleged violations of the federal Clean Air Act at the company's chemical manufacturing facility in Georgetown, South Carolina. Under the settlement, the company will pay a $731,250 civil penalty and spend an estimated $3 million to strengthen leak detection and repair practices to reduce emissions of hazardous air pollutants (HAPs) at the Georgetown facility. The settlement was filed along with a complaint that alleges the company violated the Clean Air Act?s requirements for miscellaneous organic chemical manufacturing resulting in excess emissions of HAPs to the atmosphere. These include leak detection and repair requirements, requirements to control emissions from storage tanks and requirements to identify and control wastewater streams. 9/14/20 - CIVIL REFERRAL TO DOJ - 3V Sigma USA, Inc. owns and operates a chemical manufacturing facility located in Georgetown, SC that produces specialty chemical ingredients in batches for a variety of different industrial processes. The facility uses four chemicals listed as hazardous air pollutants (HAPs) under Section 112 of the Clean Air Act (CAA): xylene, methanol, methylene chloride, and acrylic acid. Based on EPA inspections conducted in 2015 and 2017, as well information collected from 3V through a CAA Section 114 information request, EPA identified violations of 40 C.F.R. part 63, subpart FFFF, which is the National Emissions Standard for Hazardous Air Pollutants (NESHAP) applicable to Miscellaneous Organic Chemical Manufacturing. First, EPA identified violations of applicable Leak Detection and Repair (LDAR) requirements. Under the MON, 3V is required to implement an LDAR program to HAP leaks at the facility and timely fix any identified leaks. Second, EPA determined that 3V failed to properly operate closed vent system on HAP storage tanks. Third, EPA determined that 3V violated recordkeeping and reporting requirements by failing to retain records related to its wastewater streams, and by failing to submit notifications of changes to processes at the facility. JULY 8, 2021 - SUPPLEMENTAL REFERRAL: This matter involves allegations of Clean Air Act violations at 3V Sigma USA, Inc., located in Georgetown, South Carolina. This referral supplements an earlier referral to add alleged violations of the National Emission Standard for Hazardous Air Pollutants at 40 C.F.R. part 63, subpart FFFF, often referred to as the MON, for wastewater and associated reporting. The referral seeks injunctive relief and civil penalties. MAY 2, 2023 - COMPLAINT FILED A complaint was filed and consent decree lodged to address violations alleged by the U.S. Department of Justice on behalf of the EPA of the Clean Air Act and the National Emission Standard for Hazardous Air Pollutants (40 C.F.R. part 63, Subpart FFFF) at the 3V Sigma USA chemical manufacturing facility located in Georgetown, South Carolina. Under the consent decree, the defendant will pay a civil penalty of $731,250, and perform injunctive relief measures to bring defendant?s facility into compliance with the Clean Air Act requirements.

Defendants (1)

• 3V Sigma USA, Inc.Named in complaintNamed in settlement

Facilities (4)

• 3V INCORPORATED

  888 WOODSTOCK ST., GEORGETOWN, SC, 29440

  Registry ID: 110070827538

• 3V INCORPORATED

  888 WOODSTOCK ST., GEORGETOWN, SC, 29440

  Registry ID: 110070827538

• 3V SIGMA USA, INC.

  888 WOODSTOCK ST, GEORGETOWN, SC, 29440-4789

  Registry ID: 110070827538

• 3V SIGMA USA, INC.

  888 WOODSTOCK ST, GEORGETOWN, SC, 29440-4789

  Registry ID: 110070827538

Statutes cited

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

Enforcement conclusions (1)

• 3V SIGMA USA, INC (CIVIL REFERRAL FOR LDAR REQUIRMENTS)entered 2023-05-03

  Primary law: CAA

  Federal penalty: $731,250

Timeline (6 milestones)

• 2020-09-14Referred To Dept Of Justice
• 2020-09-18Enforcement Action Data Entered
• 2021-07-08Supplemental Referral-Adding parties, counts
• 2023-05-02Complaint Filed With Court
• 2023-05-03Final Order Entered
• 2023-05-03Final Order Lodged