EPA v. BASF - APO/CAFO

Case summary

U.S. EPA Region 5 entered into a Consent Agreement and Final Order (CAFO) and an Administrative Consent Order (ACO) with BASF Corporation (BASF) of Elyria, Ohio. The ACO and CAFO resolve alleged Clean Air Act violations by BASF. Among other interests, BASF operates an industrial inorganic catalyst manufacturing facility in Elyria, Ohio with an annual revenue of over $16 billion. On over 600 occasions, BASF allegedly failed to comply with its Title V permit, Federally Enforceable Permits to Install, and/or the Ohio SIP by failing to adequately control air emissions and failing to conduct required monitoring and recordkeeping of multiple air pollution control devices at its facility. Specifically, EPA alleged violation of 30 separate requirements at 14 emission sources including failure to perform weekly visible emission checks, failure to meet pounds per hour PM and NOx emission limits, failure to meet opacity limits, failure to prevent visible emissions from units that process HAP-containing materials, failure to meet various emission control device operating parameter requirements, and failure to keep records. Under the ACO, BASF has agreed to expand and improve its current electronic data management system for emission control device monitoring and recordkeeping. Specifically, BASF must implement automatic and immediate alerts to responsible personnel when any relevant air permit deviation occurs and submit timely notification to the responsible personnel of the response action(s) that must be taken. Under the CAFO, BASF is required to pay a civil penalty of $257,950.

Defendants (1)

• BASF CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• BASF CORPORATION

  120 PINE STREET, ELYRIA, OH, 44035

  Registry ID: 110000385440

Statutes cited

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

Enforcement conclusions (1)

• BASF - APO/CAFOentered 2019-02-26

  Primary law: CAA

  Federal penalty: $257,950

Timeline (5 milestones)

• 2019-02-26Final Order Issued
• 2019-02-26Complaint Filed/Proposed Order
• 2019-03-01Enforcement Action Data Entered
• 2019-03-13Enforcement Action Closed
• 2019-03-13Air Resolved