EPA v. LYONDELL - EQUISTAR CHEMICALS

Case summary

Region 5 issued a Notice of Violation/Finding of Violation to Lyondell on September 30, 2013 for failing to operate the facility?s two flares in accordance with good engineering practice in order to minimize emissions, and for failing to operate and maintain the flares in conformance with their design. Specifically, data showed that Equistar was oversteaming the Olefins Flare, resulting in reduced destruction efficiency and excess emissions. At the Polymers Flare, Equistar failed to monitor the amount of steam used, thus inhibiting the proper operation of the flare. In short, EPA found that Lyondell had violated the General Provisions to the New Source Performance Standards (NSPS), the NSPS for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry, the General Provisions to the National Emission Standards for Hazardous Air Pollutants (NESHAP), the NESHAP for Equipment Leaks (Fugitive Emission Sources) of Benzene, the NESHAP for Equipment Leaks (Fugitive Emission Sources), the NESHAP for Organic Liquids Distribution (Non-Gasoline), the Illinois State Implementation Plan, and Title V of the Clean Air Act. In settlement of this case, Lyondell will be required to install and operate new flare monitoring and control equipment, including a vent gas flow meter; a supplemental gas flow meter, assist steam flow meters; assist steam control equipment; a video camera to monitor for smoke; and a device to determine the heat value of the vent gas (either a gas chromatograph or a calorimeter). Lyondell must also comply with the original Consent Decree?s provisions for flare combustion efficiency, including but not limited to those provisions regarding no visible emissions, good air pollution control practices, maintaining proper net heating values of vent gas, and maintaining 98% combustion efficiency. Lyondell will be required to continue to operate several process related systems it has already installed and continue to execute operational practices that result in gas being recycled back into its olefins process in lieu of being flared. Lyondell must operate this equipment 98% of the time. The Consent Decree amendment requires Lyondell to undertake a root cause analysis and implement corrective actions for all ?Reportable Flaring Incidents?, as well as incorporate select standards and limits required by the Consent Decree into federally enforceable, non-Title V permits. Finally, the Lyondell will install and operate a fenceline monitoring system to monitor for benzene and will publish results on a public website. As part of the settlement, Lyondell will pay a Civil Penalty of $324,000 to the United States. EPA estimates that this settlement will result in emission reductions of 145 TPY of VOCs, including 1 TPY of HAPs, once full compliance with the Consent Decree amendment is achieved. Beyond these benefits, EPA expects the fenceline monitoring program will provide further reductions by allowing Lyondell to react to benzene spikes identified by the monitors and to implement corrective measures to avoid future spikes. Furthermore, the monitors help residents and groups to be informed about benzene levels in their community.

Defendants (1)

• EQUISTAR CHEMICALSNamed in complaintNamed in settlement

Facilities (4)

• EQUISTAR CHEMICALS LP

  8805 N TABLER RD, MORRIS, IL, 60450-9153

  Registry ID: 110000433013

• EQUISTAR CHEMICALS LP

  8805 N TABLER RD, MORRIS, IL, 60450-9153

  Registry ID: 110000433013

• EQUISTAR CHEMICALS LP

  8805 N TABLER RD, MORRIS, IL, 60450-9153

  Registry ID: 110000433013

• EQUISTAR CHEMICALS LP

  8805 N TABLER RD, MORRIS, IL, 60450-9153

  Registry ID: 110000433013

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• LYONDELL - EQUISTAR CHEMICALSentered 2022-09-22

  Primary law: CAA

  Federal penalty: $324,000

Timeline (5 milestones)

• 2020-10-26Referred To Dept Of Justice
• 2020-11-18Enforcement Action Data Entered
• 2022-07-25Complaint Filed With Court
• 2022-07-25Final Order Lodged
• 2022-09-22Final Order Entered