EPA v. MARSULEX, INCORPORATED

Case summary

This CAFO alleges violations of the CAA based on Marsulex's exceedence of carbon monoxide (CO) emission limits from its Permit to Install (PTI) 04-00923., Ohio State Implementation Plant (SIP) Rule OAC 3745-31-05(A)(3), and Title V permit P0088529. Marsulex violated CO Limits of 0.82 lb/hr and 3.59 tons per year at both its Sulfuric Acid Plant A and Plant B decomposition furnaces from approximately 1995 to December 2010. On May 18, 2010, Marsulex notified EPA that it had committed violations of its CO permit limits and requested consideration pursuant to EPA's Audit Policy. The circumstances of these violations do not qualify for penalty reductions under the audit policy and this action resolves these violations through an administrative settlement and a penalty payment of $112,175. These violations were primarily caused by errors in calculating emissions of CO from the furnaces in a 1995 permitting action and were subsequently prolonged by Marsulex's failure to diligently ensure compliance. Marsulex has taken several actions since May 2010 to bring these units into compliance including stack testing and permit modifications. At this time, EPA believes Marsulex is in compliance with the CO emission limitations in its revised permits.

Defendants (1)

• MARSULEX, INCORPORATEDNamed in complaintNamed in settlement

Facilities (1)

• CHEMTRADE REFINERY SOLUTIONS LIMITED PARTNERSHIP

  1400 OTTER CREEK ROAD, OREGON, OH, 436161232

  Registry ID: 110000384307

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• MARSULEX, INCORPORATEDentered 2011-02-22

  Primary law: CAA

  Federal penalty: $112,175

Timeline (3 milestones)

• 2011-02-22Complaint Filed/Proposed Order
• 2011-02-22Final Order Issued
• 2011-03-21Enforcement Action Data Entered