EPA v. CHEMTRADE LOGISTICS (NATIONAL CASE)(LEAD)

Case summary

This Consent Decree with Chemtrade Logistics (US), Inc. and Marsulex, Inc. is part of EPA?s national New Source Review and Prevention of Significant Deterioration Acid Plant Priority Sector, a national initiative originally initiated by Region 5. Under this Decree, Chemtrade and Marsulex will collectively reduce their sulfur dioxide emissions by approximately 3,000 tons annually from their six facilities in Cairo, Ohio, Oregon, Ohio, Beaumont, Texas, Shreveport, Louisiana, Tulsa, Oklahoma, and Riverton, Wyoming through the installation of state-of-the-art controls at each plant. There are a total of eight acid plants associated with the six facilities because the facilities in Oregon, Ohio and Riverton, Wyoming each have two acid plants. Chemtrade estimates the cost of its injunctive relief to be approximately $6 million at the Beaumont, Shreveport, Tulsa, and Rivertion plants. Marsulex estimates the cost of its injunctive relief to be approximately $6 million at the Cairo and Oregon plants. Chemtrade and Marsulex will also pay $700,000 in civil penalties to the Plaintiffs. The Consent Decree resolves the following alleged violations: 1) New Source Performance Standards (NSPS) for sulfuric acid plants under ? 111 of the CAA, 42 U.S.C. ? 7411 and the implementing regulations codified at 40 C.F.R. Part 60, Subparts A & H, 40 C.F.R. ? 60.1 - 19 and 60.80-85; 2) Prevention of Significant Deterioration (PSD), Part C of Title I, at ? 160-169B of the CAA, 42 U.S.C. ?? 7470-7492 and the implementing regulations codified at 40 C.F.R. ? 52.21; 3) Title V Permit Program, at ? 502-503 of the CAA, , 42 U.S.C. ? 7661 et seq.; and 4) The federally-enforceable state implementation plans for the States of Louisiana, Ohio, and Oklahoma approved by U.S. EPA pursuant to Section 110 of the CAA, 42 U.S.C. ? 7410.

Defendants (2)

• MARSULEX, INCORPORATEDNamed in complaintNamed in settlement
• CHEMTRADE LOGISTICSNamed in complaintNamed in settlement

Facilities (2)

• CHEMTRADE LOGISTICS INC

  7680 OTTAWA RD., CAIRO, OH, 458200310

  Registry ID: 110000500235

• CHEMTRADE REFINERY SOLUTIONS LIMITED PARTNERSHIP

  1400 OTTER CREEK ROAD, OREGON, OH, 436161232

  Registry ID: 110000384307

Statutes cited

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

Enforcement conclusions (1)

• CHEMTRADE LOGISTICS (NATIONAL CASE) (LEAD)entered 2009-04-02

  Primary law: CAA

  Federal penalty: $153,334 · State/local: $120,000

Timeline (6 milestones)

• 2006-09-21Referred To Dept Of Justice
• 2006-10-05Enforcement Action Data Entered
• 2009-01-12Complaint Filed With Court
• 2009-01-12Final Order Lodged
• 2009-04-02Final Order Entered
• 2015-10-26Air Resolved