EPA v. RENTECH ENERGY MIDWEST CORP.

Case summary

Rentech Energy Midwest Corp (REMC) is the current owner of the East Dubuque Nitrogen Production Plant in East Dubuque, Illinois. The allegations in the proposed Complaint and Consent Decree relate solely to the #1 Nitric Acid Plant. Region 5 issued a Notice of Violation on October 9, 2009 to REMC for the violations of the PSD, NSPS, and Title V requirements of the CAA, and referred the case to the Department of Justice on September 24, 2009. Specifically, REMC failed to comply with the Prevention of Significant Deterioration regulations, Title V permitting requirements, and the New Source Performance Standards (NSPS) applicable to nitric acid plants. Under the terms of the Consent Decree, REMC must come into compliance with the PSD requirements by: (1) achieving a short-term NOx limit of 1.0 lb/ton; (2) achieving a long-term NOx limit of 0.06 lbs/ton for the #1 Nitric Acid Plant; (3) equipping the #1 Nitric Acid Plant with a continuous emissions monitoring system (CEMS) that meets the requirements of 40 C.F.R. �� 60.11, 60.13, 60.73, Part 60, Appendix B Performance Specification 2, and Part 60 Appendix F Procedure 1 in order to demonstrate compliance with the Nitric Acid NSPS and the NOx limit of 0.6 lb/ton; (4) conducting performance testing as specified in 40 C.F.R. �60.8; (5) preparing and submitting an Operation and Maintenance Plan for the #1 Nitric Acid Plant; (6) submitting a Title V permit application to the state incorporating the NOx limits and monitoring requirements set forth in the Consent Decree; and (7) paying a civil penalty of $108,000.

Defendants (1)

• RENTECH ENERGY MIDWEST CORP.Named in complaintNamed in settlement

Facilities (1)

• EAST DUBUQUE NITROGEN FERTILIZERS LLC

  16675 RTE 20W, EAST DUBUQUE, IL, 61025-8605

  Registry ID: 110000606158

Statutes cited

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

Enforcement conclusions (1)

• RENTECH ENERGY MIDWEST CORP.entered 2012-02-10

  Primary law: CAA

  Federal penalty: $108,000

Timeline (7 milestones)

• 2009-09-24Referred To Dept Of Justice
• 2009-09-29Enforcement Action Data Entered
• 2011-12-02Complaint Filed With Court
• 2011-12-02Final Order Lodged
• 2012-02-10Final Order Entered
• 2017-12-06Enforcement Action Closed
• 2017-12-06Air Resolved