EPA v. SOLUTIA INC - APO/CAFO

Case summary

Solutia owns and operates a resin manufacturing facility in Trenton, Michigan (facility). At its facility, Solutia processes and emits vinyl acetate, acetaldehyde, and methanol, hazardous air pollutants (HAP) listed in Section 112(b) of the CAA, 42 U.S.C. ? 7412(b), and other volatile organic compounds (VOC). On December 19, 2018, EPA issued a Notice of Violation and Finding of Violation (NOV/FOV), alleging violation of the NESHAP for Chemical Manufacturing Area Sources at 40 C.F.R. Part 63, Subpart VVVVVV, the Michigan State Implementation Plan, and its Title V Permit. Specifically, among other things, Solutia failed to: (1) limit emissions of vinyl acetate from the facility to less than its Title V permit limit of 9.0 tons per year, as calculated on a 12-month rolling basis, starting in February 2015 through January 2016; (2) limit emissions of volatile organic compounds (VOC) from the facility to less than its Title V permit limit of 221 pounds per day for several days in 2013, 2014, and 2015; and (3) conduct quarterly monitoring for leaks for over 1,200 leak detection and repair (LDAR) components that were part of its LDAR program and for several components that the facility failed to include in its LDAR program. Since issuance of the NOV/FOV, EPA discovered that Solutia failed to accurately quantify fugitive hazardous air pollutants (HAP) emissions from its Subpart VVVVVV components and fugitive VOC emissions from its pumps and connectors. Solutia has been in compliance with its Title V permit limit of vinyl acetate emissions since February 2016. In October 2017, Solutia replaced three process reactors (polykettles), the equipment largely at issue for its emissions exceedances during 2015 and 2016, for a capital cost of approximately $5.4 million. In addition, unrelated to EPA enforcement actions, in August 2020 Solutia announced its plans to permanently shut down the facility no later than April 30, 2021. This shut down will result in a reduction of 178,706 lbs of VOCs and 16,073 lbs of total HAPs (including vinyl acetate). In settlement of this case, Solutia agreed to pay a civil penalty of $295,000 to the United States. In addition, this settlement requires Solutia to show that it has permanently shut down its facility and rescinded its air permits and permit renewals or applications or, if the facility is not shut down, to further negotiate with EPA on appropriate compliance measures.

Defendants (1)

• SOLUTIA INCNamed in complaintNamed in settlement

Facilities (1)

• SOLUTIA INC

  5100 W JEFFERSON AVE, TRENTON, MI, 48183

  Registry ID: 110015742589

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 502 — Operating Permits (Title V)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• SOLUTIA INC - APO/CAFOentered 2021-05-17

  Primary law: CAA

  Federal penalty: $295,000

Timeline (3 milestones)

• 2021-05-17Complaint Filed/Proposed Order
• 2021-05-17Final Order Issued
• 2021-07-13Enforcement Action Data Entered