EPA v. EMERALD PERFORMANCE MATERIALS, LLC

Case summary

EPA Issues Consent Agreement and Final Order (CAFO) to Emerald Performance Material, LLC, Akron, Ohio (Emerald). EPA issued Emerald a Finding of Violation (FOV) on December 30, 2011. The FOV alleged violations of the National Emission Standards for Hazardous Air Pollutants for Group I Polymers and Resins at 40 C.F.R. Part 63, Subpart U, the Nation Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks, at 40 C.F.R. Part 63, Subpart HH, and its Title V Permit No. P0102593 issued by the Ohio Environmental Protection Agency on December 19, 2008. Specifically, Emerald failed to sample the connector interface where the leakage is indicated until the maximum meter reading is obtained, resulting in a violation of Method 21. The FOV also alleged 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 Emerald failed to maintain the records of repairs and follow-up repairs, nor did Emerald monitor the facility’s connectors at the required frequency. EPA issued an Administrative Consent Order (ACO) on August 2, 2012 to Emerald to ensure all violations identified in the FOV were corrected, as well as requiring Emerald to conduct a third-party audit of the facility’s leak, detection, and repair program. In the CAFO, Emerald has agreed to pay a $90,070 cash penalty

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 2013-05-06

  Primary law: CAA

  Federal penalty: $90,070

Timeline (3 milestones)

• 2013-05-06Final Order Issued
• 2013-05-06Complaint Filed/Proposed Order
• 2013-05-21Enforcement Action Data Entered