EPA v. ALTIVIA PETROCHEMICALS

Case summary

EPA conducted an inspection of the facility in May 2017 and issued a Finding of Violation in September 2017. After almost four years of responding to Defendant?s requests to meeting with EPA political leadership and ultimately unsuccessful negotiations, the United States filed a complaint in the United States District Court for the Southern District of Ohio on October 5, 2021. In the complaint, the U.S. alleged violations of: 1) the HON; 2) EPA?s Reference Method 21 monitoring requirements; and 3) Altivia?s Title V permit. In the Complaint, the United States alleges that Altivia: 1. failed to install and operate controls on a process vent in violation of 40 C.F.R. ? 63.113(a); 2. failed to properly perform Method 21 monitoring at valves in violation of 40 C.F.R. ?? 63.168(b) and 63.180(b); 3. failed to monitor valves in light liquid service or gas/vapor service in violation of 40 C.F.R. ? 63.168; 4. failed to monitor connectors in light liquid service or gas/vapor service in violation of 40 C.F.R. ? 63.174; 5. failed to control emissions from individual drain systems in violation of 40 C.F.R. ? 63.136(a); 6. failed to control emissions from liquid streams in open systems in violation of 40 C.F.R. ? 63.136(a); 7. failed to control wastewater streams at the facility?s open biological wastewater treatment unit, in violation of 40 C.F.R. ? 63.138(b)-(f); and 8. violated provisions of the facility?s Title V permit which corresponded to the above provisions. Under the Consent Decree, Altivia agrees to perform the following injunctive relief: 1. Defendant agrees to perform an enhanced Leak Detection and Repair (LDAR) program that includes: a. more stringent leak definitions for the life of the Consent Decree; b. replacement of leaking equipment with low-emission technology; c. at least three third-party audits of the implementation of the enhanced LDAR program. The enhanced LDAR program will provide injunctive relief with respect to Violations 2-4 identified above. 2. Defendant agrees to perform Method 21 monitoring annually at individual drain systems and liquid streams in open systems. These enhanced inspections will provide injunctive relief with respect to Violations 5 and 6 identified above. 3. Defendant agrees to install emission controls on Vessel 202-F. Such controls shall be subject to the requirements of and operated to the extent provided by 40 C.F.R. Pt. 63, Subparts F and G. These controls will provide injunctive relief with respect to Violation 1 above.

Defendants (1)

• ALTIVIA PETROCHEMICALSNamed in complaintNamed in settlement

Facilities (1)

• ALTIVIA PETROCHEMICALS, LLC

  1019 HAVERHILL-OHIO FURNACE ROAD, HAVERHILL, OH, 456360127

  Registry ID: 110042073332

Statutes cited

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

Enforcement conclusions (1)

• ALTIVIA PETROCHEMICALSentered 2023-02-10

  Primary law: CAA

  Federal penalty: $1,112,500

Timeline (5 milestones)

• 2017-09-26Referred To Dept Of Justice
• 2017-09-27Enforcement Action Data Entered
• 2021-10-05Complaint Filed With Court
• 2022-09-22Final Order Lodged
• 2023-02-10Final Order Entered