EPA v. EMERALD PERFORMANCE MATERIALS (PREVIOUSLY NOVEON INC)

Case summary

EPA agreed on two Administrative Consent Orders (ACOs) with Emerald Performance Materials, LLC (Emerald). The requirements within the ACOs will return Emerald to compliance with the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Miscellaneous Organic Chemical Manufacturing (MON), 40 C.F.R. Part 63, Subpart FFFF; the NESHAP for Equipment Leaks ? Control Level 2 Standards, 40 C.F.R. Part 63 Subpart UU; the NESHAP for Off-Site Waste and Recovery Operations at 40 C.F.R. Part 63 Subpart DD; its Title V Permit No. 123803AAD; and the Illinois State Implementation Plan (IL SIP). EPA issued a Finding of Violation (FOV) to Emerald on January 21, 2010 for the MON NESHAP based on observations made during EPA?s July 28 and 29, 2009 inspection and the responses Emerald provided in response to an EPA Information Request dated October 21, 2009. The FOV alleged that Emerald failed to comply with 40 C.F.R. ? 63.1033(b)(1) which states, ?Each open-ended valve or line shall be equipped with a cap, blind flange, plug, or a second valve?? Identification of the violation was made during a comparative monitoring inspection at the Emerald facility from July 28-29, 2009. Thirteen separate uncapped lines were identified. On May 9, 2013 EPA and Emerald signed an Administrative Consent Order (ACO) requiring Emerald to conduct a third-party audit of its leak detection and repair (LDAR) program, implement any necessary corrective actions, develop an LDAR manual, and incorporate quality assurance and quality control checks into the facility?s LDAR program. All actions were finalized by April 8, 2014. EPA issued a FOV to Emerald on April 8, 2008 for the Off-Site Waste NESHAP, based on observations made during the December 10, 2007 inspection and the responses provided by Emerald in response to an EPA Information Request dated on January 11, 2008. The FOV alleged that had failed to comply various requirements of Subpart DD, including the requirement keep a record of the applicability determination on site at the source for a period of 5 years after the determination. EPA issued an NOV to Emerald on November 22, 2012 based on the responses by Emerald to EPA?s Information Request issued on June 22, 2012. The NOV alleged that Emerald was in violation of the Illinois SIP and Emerald?s Title V permit by failing to limit its emissions of photochemically reactive material, specifically toluene, to 8 pounds per hour on at least three occasions. On March 30, 2014, EPA and Emerald signed ACO EPA-5-14-113(a)-IL-06 requiring Emerald to: 1) 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 on-going basis; 2) track all volatile organic materials entering its wastewater treatment plant; and 3) submit a revision to its Title V permit incorporating certain requirements of this ACO.

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 112D — MACT Standards
• CAA 502 — Operating Permits (Title V)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• EMERALD PERFORMANCE MATERIALS (PREVIOUSLY NOVEON INC)entered 2014-08-06

  Primary law: CAA

  Federal penalty: $60,966

Timeline (4 milestones)

• 2014-08-06Final Order Issued
• 2014-08-06Enforcement Action Data Entered
• 2014-08-06Complaint Filed/Proposed Order
• 2014-08-13Air Resolved