EPA v. LINDE GAS NORTH AMERICA - ACO

Case summary

EPA plant to enter into a Consent Agreement and Final Order (CAFO) with Linde Gas North America, LLC, Romeoville, Illinois, (Linde) to resolve alleged violations regarding the Prevention of Significant Deterioration (PSD) and Non-attainment New Source Review (NANSR) Requirements Illinois SIP, as well as a construction and operating permit issued pursuant to the Illinois SIP. Specifically, EPA alleged that Linde constructed a new Reformer unit as part of a larger project in conjunction with the Citgo refinery located in Lemont, Illinois. Both facilities are located in an area which is designated as non-attainment for PM2.5. Linde improperly utilized netting credits from the Citgo Refinery to net out of PSD and NANSR for the project. Without the use of the netting credits, EPA alleged that the construction of the new Hydrogen Plant at the Linde facility, in conjunction with the associated modifications at the Citgo facility, resulted in significant net emissions increases of NOX, PM10 and PM2.5, triggering the applicability of the PSD and NANSR regulations. Additionally, on November 4, 2014 Linde submitted a self-disclosure notice of multiple violation of a Joint Construction and Operating Permit at its Romeoville facility. Linde first knew of the violations on October 6, 2014, and thus disclosed the violations outside the 21 days allowed by EPA?s Audit Policy. This ACO requires Linde's Reformer heater to comply with NOx emission limits that are approximately 55% lower than the original permit required, to comply with the permit conditions it had identified violations of, excepting two permit conditions which Linde is in the process of getting revised through a permitting action due to changes at the facility that made these conditions inapplicable. A CAFO requires Linde to pay a penalty of $93,707, spend $18,000 to install 5 carbon monoxide (CO) monitors around the pressure swing absorbers to aid in early identification of leaks so that they can be addressed more quickly, thus reducing pollution and improving the efficiency of the units. The SEP is expected to reduce emissions of CO, hydrogen, carbon dioxide, methane and nitrogen oxides. The ACO and CAFO resolve the NOV/FOV issued to Linde on September 27, 2013 and the violations disclosed by Linde on November 4, 2014.

Defendants (1)

• LINDE GAS NORTH AMERICANamed in complaintNamed in settlement

Facilities (1)

• MATHESON TRI-GAS INC

  810 E 135TH ST, ROMEOVILLE, IL, 60446

  Registry ID: 110016734300

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• LINDE GAS NORTH AMERICA - ACOentered 2016-09-28

  Primary law: CAA

Timeline (2 milestones)

• 2016-09-28Final Order Issued
• 2016-09-29Enforcement Action Data Entered