EPA v. EMERALD PERFORMANCE MATERIALS (PREVIOUSLY NOVEON INC)

Case summary

The requirements within the ACO will return Emerald to compliance with the Illinois State Implementation Plan (IL SIP), its Title V Permit and the National Emission Standard for Hazardous Air Pollutants (NESHAP) for Off-Site Waste and Recovery Operations at 40 C.F.R. Part 63, Subpart DD. EPA issued a Notice and Finding of Violation to Emerald on November 20, 2012 for violations of the IL SIP and its Title V Permit for exceeding the 8 lb/hr photochemically reactive chemical limit at its wastewater treatment plant. EPA also issued a Finding of Violation on April 8, 2008 for violations of the NESHAP for Off-Site Waste and Recovery Operations. Emerald and EPA believe the 8 lbs/hr exceedance was caused by inaccurate records. Emerald will prevent this by updating its photochemically reactive chemical inventory procedures to ensure an exceedance does not occur in the future. In addition, Emerald will conduct sampling, over a 12 month period, of its incoming off-site wastewater streams to determine whether it meets the 1 megagram exemption initially and on an ongoing basis. If Emerald meets the exemption, Emerald will only need to comply with the recordkeeping provisions of the NESHAP. If Emerald does not meet the exemption, Emerald will need to comply with the control standards of the NESHAP. Emerald will implement a process to ensure that it will continue to meet the NESHAP’s 1 megagram exemption after the sampling has been concluded. Lastly, Emerald will track all volatile organic materials entering its wastewater treatment plant as required by its Title V Permit. As part of this order, Emerald will revise its Title V permit application to include the applicable NESHAP requirements and the EPA negotiated sampling plan for its incoming off-site wastewater streams.

Defendants (1)

• EMERALD PERFORMANCE MATERIALS (PREVIOUSLY NOVEON INamed in complaintNamed in settlement

Facilities (2)

• EMERALD PERFORMANCE MATERIALS LLC

  1550 CR 1450N, HENRY, IL, 61537-9404

  Registry ID: 110016660451

• EMERALD PERFORMANCE MATERIALS LLC

  1550 CR 1450N, HENRY, IL, 61537-9404

  Registry ID: 110016660451

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• EMERALD PERFORMANCE MATERIALS (PREVIOUSLY NOVEON INC)entered 2014-03-30

  Primary law: CAA

Timeline (2 milestones)

• 2014-03-30Final Order Issued
• 2014-04-09Enforcement Action Data Entered