EPA v. ROYSTER-CLARK NITROGEN

Case summary

Agrium owns and operates a nitrogenous fertilizer plant located in North Bend, Ohio (North Bend Facility). The North Bend Facility manufactures, among other things, nitric acid. Nitric acid has many uses as an intermediate chemical, but it is primarily used in the production of ammonium nitrate and other fertilizers and explosives. The Consent Decree and the violations resolved by the Consent Decree involve the nitric acid plant at the North Bend Facility. The nitric acid plant manufactures nitric acid through the catalytic oxidation of ammonia. The violations at the North Bend Facility primarily arose from an activity on the nitric acid plant known as the �heat train revision� conducted in 1990 and several subsequent activities which occurred throughout the early 1990�s. Collectively, these activities increased the capacity of the nitric acid plant and emissions of nitrogen oxides (NOx) causing a �major modification� under PSD rules and a �modification� under NSPS rules. Because of this, the nitric acid plant should have complied with the PSD requirements, by applying for and receiving a PSD Permit to Install (PTI) under the Ohio State Implementation Plan (SIP), the NSPS for Nitric Acid Production Plants, 40 C.F.R. Part 60 Subpart G, and had these requirements incorporated into its Title V permit. This Consent Decree is the first settlement as part of the National NSR/PSD Acid Plant Priority. The settlement will require state-of-the-art NOx control equipment and will generate NOx emission reductions of over 200 tons per year. The Consent Decree will require the installation of a selective catalytic reduction (SCR) system that will reduce NOx emissions by at least 90%. The Consent Decree will contain following NOx limits: � 0.6 lbs/ton of 100% nitric acid produced, 365 day rolling average � 1.0 lbs/ton of 100% nitric acid produced, 3 hour rolling average These emission limits are consistent with the lowest permitted emission rate of any nitric acid plant in the nation and will become effective 2 years after the Consent Decree is entered. Compliance with these emission limits will result in an emission reduction of approximately 200 tons of NOx per year. Agrium will pay a cash civil penalty of $750,000

Defendants (1)

• ROYSTER-CLARK NITROGENNamed in complaintNamed in settlement

Facilities (1)

• TRAMMO NITROGEN PRODUCTS, INC.

  10743 BROWER RD., NORTH BEND, OH, 45052

  Registry ID: 110000392628

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• ROYSTER-CLARK NITROGENentered 2007-03-27

  Primary law: CAA

  Federal penalty: $750,000

Timeline (7 milestones)

• 2005-03-31Referred To Dept Of Justice
• 2005-04-08Enforcement Action Data Entered
• 2007-02-05Final Order Lodged
• 2007-02-05Complaint Filed With Court
• 2007-03-27Final Order Entered
• 2016-12-22Enforcement Action Closed
• 2016-12-22Air Resolved