EPA v. EMERALD PERFORMANCE MATERIALS, LLC

Case summary

EPA agreed on an Administrative Consent Order (ACO) with Emerald Performance Materials, LLC (Emerald). The requirements within the ACO will return Emerald to compliance with the National Emission Standards for Hazardous Air Pollutants for Group I Polymers and Resins at 40 C.F.R. Part 63, Subpart U; the National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks, at 40 C.F.R. Part 63, Subpart HH; and the company’s Title V Permit No. P0102593 issued by the Ohio Environmental Protection Agency on December 19, 2008. EPA issued Emerald a Finding of Violation on December 30, 2011. The FOV alleged that Emerald failed to sample the connector interface where the leakage was indicated until the maximum meter reading was obtained, resulting in a violation of Method 21. The FOV also alleged that Emerald failed to identify connectors with an instrument meter reading greater than 500 parts per million as a detected leak, and then to clearly identify the leaking equipment with a tag. Finally, EPA alleged that Emerald neither maintained the records of repairs and follow-up repairs, nor monitored the facility’s connectors at the required frequency. Identification of the violations were made during a comparative monitoring inspection at the Emerald facility on September 20, 2011. EPA and Emerald had a 113 conference on February 15, 2011. At the time Emerald discussed the necessary steps the facility was taking to return to compliance. This ACO will confirm compliance and allow EPA to move forward in settlement.

Defendants (1)

• EMERALD PERFORMANCE MATERIALS, LLCNamed in complaintNamed in settlement

Facilities (3)

• HUNTSMAN ADVANCED MATERIALS AMERICAS, LLC

  240 WEST EMERLING AVENUE, AKRON, OH, 443011600

  Registry ID: 110000389213

• HUNTSMAN ADVANCED MATERIALS AMERICAS, LLC

  240 WEST EMERLING AVENUE, AKRON, OH, 443011600

  Registry ID: 110000389213

• HUNTSMAN ADVANCED MATERIALS AMERICAS, LLC

  240 WEST EMERLING AVENUE, AKRON, OH, 443011600

  Registry ID: 110000389213

Statutes cited

• CAA 112D — MACT Standards

Enforcement conclusions (1)

• EMERALD PERFORMANCE MATERIALS, LLCentered 2012-08-02

  Primary law: CAA

Timeline (2 milestones)

• 2012-08-02Final Order Issued
• 2012-08-24Enforcement Action Data Entered