EPA v. INNOVENE/INEOS

Case summary

INEOS USA LLC (INEOS) (formerly Innovene USA LLC) owns and operates a chemical manufacturing plant located at 1900 Fort Amanda Road, Lima, Ohio (the Facility) where it makes or made various specialty chemicals including acrylonitrile, acetonitrile, butanediol, and nitrile copolymer resins. The U.S. Environmental Protection Agency conducted an inspection of the Facility from April 18-22, 2005 and discovered leak detection and repair (LDAR) violations that formed the basis for a Finding of Violation (FOV) that EPA issued on September 6, 2005. Specifically, EPA cited violations of Section 112 of the Clean Air Act (the Act), 42 U.S.C. � 7412; the National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks at 40 C.F.R. Part 63, Subpart H (Subpart H); the National Emissions Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry at 40 C.F.R. Part 63, Subpart F (Subpart F); the National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins at 40 C.F.R. Part 63, Subpart JJJ (Subpart JJJ); and EPA Reference Method 21 at 40 C.F.R. Part 60, Appendix A. EPA later conducted a multimedia inspection of the Facility from September 11-29, 2006 which uncovered reporting violations of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and the Community Right-to-Know Act (EPCRA), as well as additional violations of the Act that it included in a FOV it issued on March 30, 2007 and a Notice of Violation/Finding of Violation (NOV/FOV) it issued on December 4, 2009. Specifically, EPA cited violations of Section 112 of the Act, 42 U.S.C. � 7412; the National Emissions Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater at 40 C.F.R. Part 63, Subpart G (Subpart G); Subpart H; and Subpart JJJ.

Defendants (1)

• INNOVENE/INEOSNamed in complaintNamed in settlement

Facilities (3)

• INEOS USA LLC

  1900 FORT AMANDA ROAD, LIMA, OH, 458020628

  Registry ID: 110057376398

• INEOS USA LLC

  1900 FORT AMANDA ROAD, LIMA, OH, 458020628

  Registry ID: 110057376398

• INEOS USA LLC

  1900 FORT AMANDA ROAD, LIMA, OH, 458020628

  Registry ID: 110057376398

Statutes cited

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

Enforcement conclusions (1)

• INNOVENE/INEOSentered 2012-07-12

  Primary law: CAA

  Federal penalty: $1,150,000

Timeline (8 milestones)

• 2007-09-05Referred To Dept Of Justice
• 2007-09-28Enforcement Action Data Entered
• 2009-03-01Supplemental Referral-Adding parties, counts
• 2012-06-04Complaint Filed With Court
• 2012-06-04Final Order Lodged
• 2012-07-12Final Order Entered
• 2017-01-17Enforcement Action Closed
• 2017-01-17Air Resolved