EPA v. PETRO CHEM PROCESSING - NORTRU (CLEAN ENERGY) - APO/CAFO

Case summary

EPA filed a Consent Agreement and Final Order (CAFO) for Petro Chem Processing Group of Nortu, LLC (Petro Chem) located in Detroit, Michigan to resolve violations regarding the NESHAP for Benzene Waste Operations at 40 C.F.R. ?? 61.340 ? 61.359, Subpart FF, and the NESHAP for Off-site Waste and Recovery Operations at 40 C.F.R. ?? 63.680 ? 63.698, Subpart DD, and certain requirements of its Renewable Operating Permit MI-ROP-N0731-2009. Petro Chem failed to control equipment leaks by implementing leak detection and control measures in accordance with 40 C.F.R. Part 61 Subpart FF and 40 C.F.R. Part 63 Subpart DD by failing to meet Method 21 calibration and monitoring requirements. There is a concurrent Administrative Consent Order that will be issued with this CAFO. The ACO requires Petro Chem to develop and document a compliant Leak Detection and Repair (LDAR) program and an audit of the facility?s LDAR program that includes verification that Method 21 is performed correctly. The audit will ensure that Method 21 monitoring will be conducted using appropriate equipment that is calibrated in accordance with Method 21 and all applicable requirements. These requirements address the violations set forth in the FOV issued to Petro Chem on June 18, 2018, and are intended to reduce the likelihood that an accidental release of a volatile organic compound goes undetected. The estimated emission reductions associated with this injunctive relief is 1.85 tons/year of VOC that includes HAP. This CAFO requires Petro Chem to pay a penalty of $270,000 and resolves the FOV issued to Petro Chem on June 18, 2018. The CAFO includes the following certification, ?Respondent certifies that it is complying fully with the Permit to Install, No. 6-19, that was issued by EGLE on June 18, 2019, which has requirements to ensure that the facility operates as a synthetic minor source under Subpart DD. The June 18, 2019 Permit to Install still requires the facility to comply with the provisions of Subpart FF.? There are Environmental Justice concerns associated with this action.

Defendants (1)

• PETRO CHEM PROCESSING - NORTRU (CLEAN ENERGY)Named in complaintNamed in settlement

Facilities (1)

• NORTRU, LLC

  421 LYCASTE STREET, DETROIT, MI, 48214

  Registry ID: 110000406828

Statutes cited

• CAA 112D — MACT Standards
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• PETRO CHEM PROCESSING - NORTRU (CLEAN ENERGY) - APO/CAFOentered 2023-09-25

  Primary law: CAA

  Federal penalty: $270,000

Timeline (3 milestones)

• 2023-09-25Final Order Issued
• 2023-09-25Complaint Filed/Proposed Order
• 2023-09-25Enforcement Action Data Entered