EPA v. LANXESS CORPORATION

Case summary

The Revised Consent Decree establishes enhanced performance parameter limits and monitoring requirements for the Facility?s emission control flare. To assure compliance with the flare?s permit requirement to meet a 99% control efficiency, the Revised Consent Decree establishes an interim minimum net heating value (NHV) of flare gas of 200 British Thermal Units per standard cubic feet (BTU/scf). The Revised Consent Decree provides provisions to allow INEOS to petition EPA for a different net heating value limit based on flare performance testing post-entry of the Revised Consent Decree, with the final NHV to be decided (subject to dispute resolution) by the Director of the Air Enforcement Division of the Office of Enforcement and Compliance Assurance. The Revised Consent Decree also requires INEOS to comply with enhanced requirements for the Facility?s leak detection and repair program, also called ?ELP? requirements. As part of the petition process, INEOS sought to relax its minimum NHV limit for its flare to 186 BTU/scf based upon test data it collected after entry of the Revised Consent Decree. Upon review of INEOS?s flare testing results, as well as other information, EPA determined that a more stringent minimum NHV limit was needed to assure compliance with the 99% control efficiency requirement. The parties went through informal dispute resolution negotiations and the Decree Amendment reflects resolution of the final NHV limit for the flare: under the Decree Amendment INEOS shall meet a minimum NHV limit of 220 BTU/scf. Further the Decree Amendment eliminates a steam correction factor in determining the flare NHV during combustion, which EPA has determined to be inappropriate after review of the recent flare test data. Finally, under the Decree Amendment, INEOS shall apply to incorporate the final flare requirements into INEOS?s construction and operating permits to make the requirements permanently enforceable. With respect to the ELP requirements, INEOS has identified several instances of deviations from the ELP requirements since entry of the Revised Consent Decree. The parties have negotiated without the plaintiffs having to invoke dispute resolution the terms of a settlement of INEOS?s liability for the payment of stipulated penalties under the Revised Consent Decree for such deviations. Under the Decree Amendment, INEOS shall pay $240,000 in stipulated penalties to resolve the ELP requirement deviations. Of the $240,000, $120,000 shall be paid to the United States, $72,000 to the State of Ohio, and $48,000 to Hamilton County Department of Environmental Services. As part of the overall agreement between the parties, the Decree Amendment also includes provisions to streamline of consent decree termination requirements.

Defendants (1)

• LANXESS CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• INEOS ABS (USA) CORPORATION

  356 THREE RIVERS PARKWAY, ADDYSTON, OH, 450010039

  Registry ID: 110067426654

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CAA 112 — Hazardous Air Pollutants
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (2)

• LANXESS CORPORATIONentered 2010-02-04

  Primary law: CAA

  Federal penalty: $1,550,000 · State/local: $1,550,000

• LANXESS CORPORATIONentered 2015-03-11

  Primary law: CAA

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

Timeline (8 milestones)

• 2007-09-07Referred To Dept Of Justice
• 2007-09-19Enforcement Action Data Entered
• 2009-07-27Supplemental Referral-Adding parties, counts
• 2009-07-31Complaint Filed With Court
• 2015-01-14Final Order Lodged
• 2015-03-11Final Order Entered
• 2017-01-17Enforcement Action Closed
• 2017-01-17Air Resolved