EPA v. AMERICAN CYANAMID CO.

Case summary

NATURE OF CASE: AMERICAN CYANAMID COMPANY OWNS AND OPERATES A CHEMICAL PLANT IN WESTWEGO, LOUISIANA WHICH IS IN VIOLATION OF THE LOUISIANA SIP REGULATION 22.3, WHICH IS AN EQUIPMENT STAN- DARD. AMERICAN CYANAMID PRODUCES ACRYLONITRILE (ACN) AND STORES IT IN 13 FIXED ROOF STORAGE TANKS WHICH ARE NOT EQUIPPED WITH ANY OF THE CONTROL DEVICES LISTED IN LOUISIANA REGULATION 22.3. REGULATION 22.3 REQUIRES THAT TANKS WHICH STORE VOC WITH GREATER THAN 40,000 GALLON CAPACITY BE EQUIPPED WITH AN INTERNAL FLOATING ROOF, AN EXTERNAL FLOATING ROOF OR A VAPOR RECOVERY SYSTEM. EACH OF THESE 14 TANKS ARE FIXED INSTALLED WITHOUT AN INTERNAL FLOATING ROOF AND VENT DIRECTLY TO THE ATMOSPHERE, THUS, A VIOLATION OF LOUISIANA REGULATION 22.3. AMERICAN CYANAMID IS LOCATED IN JEFFERSON PARISH WHICH IS CLASSIFIED AS NON ATTAINMENT FOR OZONE. VOC EMISSIONS ARE A PRECURSOR TO THE FORMATION OF OZONE, WHICH IS FORMED WHEN VOC IS COM- BINED WITH NITROGEN OXIDES IN THE PRESENCE OF SUNLIGHT. EPA ISSUED A SECTION 120 NOTICE OF NONCOMPLIANCE TO AMERICAN CYANAMID ON SEPTEMBER 28, 1984. CAUSE OF ACTION: AMERICAN CYANAMID'S STORAGE TANKS ARE NOT PROPERLY CONTROLLED AS REQUIRED BY THE LOUISIANA SIP. BECAUSE IT IS A MAJOR SOURCE, SECTION 120 OF THE CLEAN AIR ACT AUTHORIZES EPA TO IMPOSE AN ASSESSMENT ON THE SOURCE EQUAL TO THE ECONOMIC BENEFIT TO THE SOURCE OF NONCOMPLIANCE. 42 USC SECTION 7420. PROPOSED REMEDY: IN ORDER TO ACHIEVE COMPLIANCE WITH THE LOUISIANA SIP, AMERICAN CYANAMID MUST INSTALL ONE OF THE CONTROL DEVICES LISTED IN LA REG. 22.3. LA IS NEGOTIATING WITH AMERICAN CYANAMIC TO DEVELOP A COMPLIANCE SCHEDULE CALLING FOR THE INSTALLATION OF AN OPERATING VAPOR RECOVERY SYSTEM BY MARCH 1, 1985. NO PENALTIES ARE CURRENTLY CONTEMPLATED IN THE STATE ACTION. SECTION 120 ASSESSMENTS WILL BE TOLLED ONCE COMPLIANCE IS ACHIEVED AND DEMONSTRATED. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE: AMERICAN CYANAMID INTENDED TO DELAY COMPLIANCE FOR THIRTEEN ACRYLONITRILE STORAGE TANKS UNTIL ACRYLONITRILE IS REGULATED AS A HAZARDOUS OR TOXIC SUBSTANCE, THEREBY AVOIDING POSSIBLY HAVING TO INSTALL CONTROLS ON THE SAME TANKS TWICE. THE LOUISIANA ENVIRONMENTAL CONTROL COMMISSION APPROVED A BUBBLE FOR AMERICAN CYANAMID'S PLANT ON APRIL 22, 1982. THE BUBBLE WAS SUBMITTED TO EPA BY THE GOVERNOR ON JULY 22, 1982. ADDITIONAL INFORMATION WAS SUBMITTED BY THE STATE ON MARCH 3, 1983, AND ON FEBRUARY 23, 1984. SURPLUS EMISSION REDUCTIONS TO BE APPLIED IN LIUE OF CONTROLLING THE TANKS WERE TO COME FROM INCINERATION OF THE ABSORBER OFF-GAS (AOG) VENT IN 1981. THE STATE IMPOSED A 70% CONTROL REQUIREMENT ON THE AOG VENT, A DECREE OF CONTROL ROUGHLY CORRESPONDING TO THE EMISSION REDUCTION ROLLBACK LISTED FOR AMERICAN CYANAMID IN THE 1979 SIP DEMONSTRATION OF ATTAINMENT. THE DIFFERENCE BETWEEN THE CONTROL ACHIEVED BY INCINERATION AND 70% CONTROL WAS CONSIDERED BY THE STATE TO BE A SURPLUS REDUCTION SUITABLE FOR TRADING PURPOSES. EPA DOES NOT CONSIDER THE PLANTWIDE EMISSION REDUCTION REQUIREMENT AS APPLYING TO PROCESS STREAMS FOR WHICH THERE IS AN EXISTING REGULATION. IN THIS CASE, LOUISIANA AIR QUALITY REGULATION 22.8 REQUIRES INCIN- ERATION OR OTHER FORMS OF CONTROL ON WATE GAS VOC STREAMS. EPA CANNOT JUSTIFY, BASED IN INFORMATION SUBMITTED BY THE STATE, ANY RELAXATION OF THE INCINERATION REQUIREMENT FOR THE AOG VENT STREAM. THE STREAM IS PRESENTLY BEING INCINERATED, AS REQUIRED BY REGULATIONS, AND AS SUCH IS NOT A SURPLUS REDUCTION. THE TRADE IS THEREFORE NOT APPROVABLE.

Defendants (1)

• AMERICAN CYANAMID CO.

Facilities (6)

• CYTEC INDUSTRIES INCORPORATED FORTIER PLANT

  10800 RIVER ROAD, WESTWEGO, LA, 70094

  Registry ID: 110049249075

• CYTEC INDUSTRIES INCORPORATED FORTIER PLANT

  10800 RIVER ROAD, WESTWEGO, LA, 70094

  Registry ID: 110049249075

• CYTEC INDUSTRIES INCORPORATED FORTIER PLANT

  10800 RIVER ROAD, WESTWEGO, LA, 70094

  Registry ID: 110049249075

• CYTEC INDUSTRIES INCORPORATED FORTIER PLANT

  10800 RIVER ROAD, WESTWEGO, LA, 70094

  Registry ID: 110049249075

• CYTEC INDUSTRIES INCORPORATED FORTIER PLANT

  10800 RIVER ROAD, WESTWEGO, LA, 70094

  Registry ID: 110049249075

• CYTEC INDUSTRIES INCORPORATED FORTIER PLANT

  10800 RIVER ROAD, WESTWEGO, LA, 70094

  Registry ID: 110049249075

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Timeline (7 milestones)

• 1984-09-28Enforcement Action Data Entered
• 1984-09-28Complaint Filed/Proposed Order
• 1985-04-25Administrative Hearing
• 1985-07-19Admin Law Judge Decision
• 1985-08-12Appeal To Administrator
• 1985-09-27EAB Decision
• 1987-06-24Enforcement Action Closed