EPA v. SOLVAY SPECIALTY POLYMERS USA, LLC APO/CAFO

Case summary

Solvay Specialty Polymers LLC (Solvay) owns and operates a specialty plastics manufacturing facility in Marietta, Ohio. At its facility, Solvay manufactures polymers and resins that are formed into high-performance plastics for a wide variety of purposes including aircraft, automotive, and medical devices. Solvay emits monochlorobenzene, methyl chloride, and other hazardous air pollutants (HAPs) in a combined quantity of over 25 tons per year, and is thus a major source of HAPs, as defined in Section 112(a) of the Clean Air Act, 42 U.S.C. ? 7412(a). On September 28, 2016, EPA issued a Finding of Violation (FOV), alleging violations of the following National Emissions Standards for Hazardous Air Pollutants (NESHAP): Subpart FFFF for Miscellaneous Organic Chemicals Manufacturing (MON); Subpart G for Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operation, and Wastewater (HON); Subpart F for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry; Subpart UU for Equipment Leaks; and Subpart SS for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process. Specifically, among other things, Solvay failed to: (1) perform process condenser uncontrolled HAP emission evaluation and demonstrate proper operation of process condensers used for any boiling operations; (2) properly determine its wastewater streams group status and associated controls; (3) install a cap, plug, blind flange, or second valve on open-ended lines; (4) attempt to repair leaks at valves, pumps, rupture disks, connectors, and instrumentation within 5 days, and completely repair these within 15 days; (5) perform weekly visual inspections for leaks for pumps; (6) perform monthly EPA Reference Method 21 monitoring for pumps; and (7) perform follow-up EPA Reference Method 21 monitoring for pumps and valves following repairs. Solvay initiated compliance measures by engaging a third-party consultant and implementing, among other things, the following corrective actions to mitigate the alleged violations: (1) completed a major enhancement to its LDAR program in the first half of 2017, in which all LDAR components were re-tagged in the field and updated in the LDAR digital database; (2) during 2017?2018, conducted an updated assessment of its process condensers; and (3) during 2016?2018, conducted a reassessment of wastewater stream group determinations. On December 22, 2016, Solvay submitted to EPA a Wastewater Sampling Plan for review and approval, and between February 2017 and December 2017, Solvay conducted sampling (concentration and flow) of its current wastewater streams to determine group status and associated controls. In settlement of this case, Solvay agreed to comply with all applicable requirements of the Subpart FFFF, Subpart G, and Subpart UU. Specifically, Solvay will take the following actions, or actions similar thereto: (1) implement an enhanced LDAR program; (2) conduct Quality Assurance/Quality Control (QA/QC) of LDAR data on a quarterly basis and correct deficiencies; (3) conduct a third-party LDAR audit of its LDAR program; conduct a wastewater QA/QC study of a subset of the Facility's Group 2 streams; and implement as mitigation, a process equipment seal modification project in which Solvay will modify seals on several process pumps to replace their existing HAP (chlorobenzene) barrier seal fluid with a non-HAP (nitrogen) barrier seal fluid. As part of the settlement, Solvay will pay a civil penalty of $260,000 to the United States. EPA estimates that this settlement will result in a reduction of HAP emissions of approximately [TBD]. This emission reduction is driven by the enhancement to its LDAR program and the implementation of the mitigation project; equipment seal modification project.

Defendants (1)

• SOLVAY SPECIALTY POLYMERS USANamed in complaintNamed in settlement

Facilities (1)

• SYENSQO SPECIALTY POLYMERS USA LLC

  17005 STATE ROUTE 7, MARIETTA, OH, 45750

  Registry ID: 110038496712

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• SOLVAY SPECIALTY POLYMERS USA, LLC APO/CAFOentered 2020-12-30

  Primary law: CAA

  Federal penalty: $260,000

Timeline (3 milestones)

• 2020-12-30Complaint Filed/Proposed Order
• 2020-12-30Final Order Issued
• 2021-01-04Enforcement Action Data Entered