EPA v. SABIC INNOVATIVE PLASTICS (FORMERLY GE PLASTICS)(National Case)(LEAD)

Case summary

EPA Region 5 issued two Findings of Violation (FOVs) for CAA violations to the Facility, in 2005 and 2008. The Consent Decree resolves the violations alleged in the FOVs. The Consent Decree resolves CAA violations of the following NESHAPs: 1) 40 C.F.R. Part 63, Subpart F (the National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry); 2) 40 C.F.R. Part 63, Subpart G (the National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater); and 3) 40 C.F.R. Part 63, Subpart H (the National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks). The claims included the failure to properly perform EPA Reference Method 21, control emissions from drains and trenches for liquid streams in open systems, control emissions from an oil/water separator, properly equip open-ended valves or lines with a closure device, properly equip each sampling connection system, and conduct a valid EPA Method 2A flow rate test. TERMS OF THE DECREE Compliance Requirements In December 2006, the Facility completed the covering of over 350 drains and 12 trenches with a tightly fitted solid cover (TFSC) in the Phenol process unit. By installing the TFSCs, the Facility addressed the failure to equip the sampling connection systems. The TFSC controls emissions from any purges that are performed prior to taking a sample. As a result, the TFSC controls will reduce hazardous air pollutant (HAP) emissions by at least 98.9 tons. The Facility performed a valid EPA Reference Method 2A flow rate test on the Glitsch system in the Bisphenol-A process unit in September 2009. SABIC has begun the engineering work to install a fitted roof to the API oil/water separator that will route emissions to a control device that operates with a 98 percent HAP removal efficiency. This work is to be completed within 8 months of the date of entry of the Consent Decree. The API oil/water separator project is being completed as mitigation of past NESHAP violations for the manner in which the Facility operated the API oil/water separator. This project will reduce at least 16.5 tons of HAP. As mitigation for past violations of the Leak Detection and Repair Requirements (LDAR) of the NESHAP, the Consent Decree requires SABIC to perform an enhanced LDAR program at the Phenol process unit. The Phenol process unit includes about 2,971 valves, 7,630 connectors, and 100 pumps. Civil Penalty The Consent Decree includes a civil penalty of $1,012,873 million, of which $851,524 is for the Region 5 portion of the case, and $161,349 is for the Region 4 portion of the case. As part of the settlement, SABIC will spend an additional $1.3 million to reduce at least 4 tons of HAP emissions per year from the Facility as part of a Supplemental Environmental Project detailed in the Consent Decree. Region 4 has been involved in the negotiation and crafting of the Consent Decree, and has indicated concurrence with its terms.

Defendants (1)

• GE PLASTICSNamed in complaintNamed in settlement

Facilities (1)

• SABIC INNOVATIVE PLASTICS US LLC

  1 LEXAN LN, MOUNT VERNON, IN, 47620-9367

  Registry ID: 110000403670

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 112D — MACT Standards

Enforcement conclusions (1)

• SABIC INNOVATIVE PLASTICS (FORMERLY GE PLASTICS)(National Case)(LEAD)entered 2012-12-05

  Primary law: CAA

  Federal penalty: $851,524 · SEP: $1,300,000

Timeline (8 milestones)

• 2006-09-21Referred To Dept Of Justice
• 2006-10-12Enforcement Action Data Entered
• 2010-06-29Supplemental Referral-Adding parties, counts
• 2012-05-31Complaint Filed With Court
• 2012-05-31Final Order Lodged
• 2012-12-05Final Order Entered
• 2022-06-21Enforcement Action Closed
• 2022-06-21Air Resolved