|
STATE OF
INDIANA |
) |
SS: |
BEFORE THE
INDIANA DEPARTMENT OF |
||||
|
|
) |
|
|
||||
|
COUNTY OF
MARION |
) |
|
ENVIRONMENTAL
MANAGEMENT |
||||
|
|
|||||||
|
COMMISSIONER
OF THE DEPARTMENT |
) |
|
|||||
|
OF
ENVIRONMENTAL MANAGEMENT, |
|
) |
|
||||
|
|
|
) |
|
||||
|
Complainant, |
|
) |
|
||||
|
|
|
) |
|
||||
|
|
v. |
|
) |
||||
|
|
|
) |
|
||||
|
SABIC INNOVATIVE
PLASTICS |
|
) |
|
||||
|
US LLC, |
|
) |
|
||||
|
Respondent. |
|
) |
|
||||
AGREED ORDER
Complainant and Respondent desire to
settle and compromise this action without hearing or adjudication of any issue
of fact or law, and consent to the entry of the following Findings of Fact and
Order. Pursuant to Indiana Code (“IC”) 13-30-3-3, entry into the terms of this
Agreed Order does not constitute an admission of any violation contained
herein. Respondent’s entry into this Agreed Order shall not constitute a waiver
of any defense, legal or equitable, which Respondent may have in any future
administrative or judicial proceeding except a proceeding to enforce this
order.
I. FINDINGS OF
FACT
1.
Complainant
is the Commissioner (“Complainant”) of the Indiana Department of Environmental
Management (“IDEM”), a department of the State of Indiana created by IC
13-13-1-1.
2.
Respondent
is SABIC Innovative Plastics US LLC (“Respondent”), which owns and operates the
stationary plastics manufacturing plant with Plant ID No. 129-00002, located at
1 Lexan Lane, in Mount Vernon, Posey County, Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
By email dated February 25, 2025, Respondent
waived issuance of a Notice of Violation (“NOV”) and the settlement period of
sixty (60) days, as provided for by IC 13-30-3-3, for the violations described
in the Findings of Fact, Paragraph No. 5.
5.
During
an investigation including report reviews conducted by a representative of
IDEM, the following violations were found:
a.
Pursuant
to Part 70 Operating Permit 129-44376-00002 (“Permit”) Condition E.3.3, instead
of complying with the provisions of Condition E.3.2, Respondent may elect to
designate either or both of the Group 2 process vents
C-650 and E-429 as HON Group 1 process vents and comply with the alternative
operating scenario of this condition. If this alternative is chosen, pursuant
to 40 CFR 63.113(a)(2), the Permittee shall route the designated process
vent(s) to the existing PhTCU in
order to reduce emissions of total organic hazardous air pollutants by
98 weight-percent or to a concentration of 20 parts per million by volume,
whichever is less stringent.
Respondent failed
to follow the elected alternative operating scenario for C-650 vent stream on
May 10, 2022 and June 12, 2022, in violation of Permit
Condition E.3.3.
b.
Pursuant
to Permit Condition E.3.3 and 40 CFR 63.114(a), each owner or operator of a
process vent that uses a combustion device to comply with the requirements in
§63.113 (a)(1) or (a)(2) of this subpart, or that uses a recovery device or
recapture device to comply with the requirements in §63.113(a)(2) of this
subpart, shall install monitoring equipment specified in paragraph (a)(1),
(a)(2), (a)(3), (a)(4), or (a)(5) of this section, depending on the type of
device used. All monitoring equipment shall be installed, calibrated,
maintained, and operated according to manufacturer's specifications or other
written procedures that provide adequate assurance that the equipment would
reasonably be expected to monitor accurately.
Respondent failed to conduct the monthly inspection for
July 2022 on a car seal device for scrubber Unit C-651, in violation of Permit
Condition E.3.3 and 40 CFR 63.114(a).
c.
Pursuant
to Permit Condition E.1.4
and 40 CFR 63.112(c): the owner or operator of an existing source shall
demonstrate compliance with the emission standard in paragraph (a) of this
section by following the procedures specified in paragraph (e) of this section
for all emission points, or by following the emissions averaging compliance
approach specified in paragraph (f) of this section for some emission points
and the procedures specified in paragraph (e) of this section for all other
emission points within the source.
Respondent failed to vent VOCs to control device, Thermal
Combustion Unit (TCU), at Phenol Chemical Manufacturing Process Unit (PhCMPU) on April 13, 2022 and
November 28, 2022, in violation of Permit Condition E.1.4 and 40 CFR 63.112(c).
d.
Pursuant
to Permit Condition E.8.1 and 40 CFR 63, Subpart H, Respondent shall control
leaks of organic hazardous air pollutants (“OHAPs”) from each pump, compressor,
agitator, pressure relief device, sampling connection system, open-ended valve
or line, valve, connector, surge control vessel, bottoms receiver, and
instrumentation system in organic hazardous air pollutant service; and any
control devices or systems required by Subpart H.
Respondent failed to seal open-ended valves or lines with a
plug, cap, blind flange, or second valve on Phenol CMPU on April 28, 2022, in
violation of Permit Condition E.8.1 and 40 CFR 63, Subpart H.
e.
Pursuant
to Permit Condition F.2.2(a)(1) and 40 CFR 63.113(a)(2), the Group 1 process
vent, H-6060, is controlled by an incinerator to meet these provisions by
reducing emissions of total organic hazardous air pollutants by 98
weight-percent or to a concentration of 20 parts per million by volume.
Respondent failed to vent VOCs to control device and failed
to reduce emissions of total organic hazardous air pollutants, H-6060
incinerator, at BPA Chemical Manufacturing Process Unit (BpaCMPU)
on April 19, 2022, in violation of Permit Condition F.2.2(a)(1) and 40 CFR
63.113(a)(2).
f.
Pursuant
to Permit Condition G.1.2 and 40 CFR 63.1107(e), for acrylic and modacrylic
fiber production affected sources and polycarbonate production affected
sources, except as specified in paragraph (e)(4) of this section, the owner or
operator must comply with the requirements specified in paragraphs (e)(1) and
(2) of this section for pressure relief devices in organic HAP gas or vapor
service. Except as specified in paragraph (e)(4) of this section, the owner or
operator of an acrylic and modacrylic fiber production affected source or
polycarbonate production affected source must also comply with the requirements
specified in paragraph (e)(3) of this section for all pressure relief devices
in organic HAP service.
Respondent failed to maintain process to prevent failure of
pressure discs in LxrPPPU on seven (7) days during
2022, and in LxrPPPU on November 3, 2022, in
violation of Permit Condition G.1.1 and 40 CFR 63.1107(e).
g.
Pursuant
to Permit Condition G.5.1(a), 40 CFR 63.190(b) and 40 CFR 63.190(e), the
provisions of 40 CFR 63, Subparts H and I apply to the MeCL_Eq
as follows: Respondent shall control leaks of methylene chloride from each
pump, compressor, agitator, pressure relief device, sampling connection system,
open-ended valve or line, valve, connector, surge control vessel, bottoms
receiver, and instrumentation system that is associated with the MeCL_Eq according to the following 40 CFR 63, Subpart H
applicable requirements.
Respondent failed to seal open-ended valves or lines with a
plug, cap, blind flange, or second valve on LxrPPPU MeCL Eq on March 29, 2022 and
November 22, 2022, in violation of Permit Condition G.5.1(a), 40 CFR 63.190(b)
and 40 CFR 63.190(e).
h.
Pursuant
to Permit Condition N.1.4, the requirements of 40 CFR Part 63, Subpart FFFF
specified in Sections V.1 and V.2 of this permit apply to the miscellaneous
organic chemical manufacturing unit identified as CppMONRes3.
Pursuant to Permit Condition V.1.8 and 40 CFR 63.2480(a),
Respondent shall control leaks of HAPs from each pump, compressor, agitator,
pressure relief device, sampling connection system, open-ended valve or line,
valve, connector, and instrumentation system in organic hazardous air pollutant
service; and any control devices or systems used to comply with Table 6 to 40
CFR 63, Subpart FFFF.
Respondent failed to seal an open-ended valve or line with
a plug, cap, blind flange, or second valve on CppMONRes3 on June 6, 2022, in
violation of Permit Conditions N.1.4 and V.1.8 and 40 CFR 63.2480(a).
i.
Pursuant
to Permit Condition Q.1.2, the requirements of 40 CFR Part 63, Subpart FFFF
specified in Sections V.1 and V.2 of this permit apply to the miscellaneous
organic chemical manufacturing units identified as HppMONMon1 and HppMONPol1.
Pursuant to Permit Condition V.1.8 and 40 CFR 63.2480(a),
Respondent shall control leaks of HAPs from each pump, compressor, agitator,
pressure relief device, sampling connection system, open-ended valve or line,
valve, connector, and instrumentation system in organic hazardous air pollutant
service; and any control devices or systems used to comply with Table 6 to 40
CFR 63, Subpart FFFF.
Respondent failed to seal an open-ended valve or line with
a plug, cap, blind flange, or second valve on HppMONPol1 on January 26, 2022 and April 20, 2022, in violation of Permit Conditions
Q.1.2 and V.1.8, and 40 CFR 63.2480(a).
j.
Pursuant
to Permit Condition Q.1.2 and corresponding conditions in previous permits, the
requirements of 40 CFR Part 63, Subpart FFFF specified in Sections V.1 and V.2
of this permit apply to the miscellaneous organic chemical manufacturing units
identified as HppMONMon1 and HppMONPol1.
Pursuant to Permit Condition V.1.8 and 40 CFR 63.2480(b)(7)
and corresponding conditions in previous permits, for each piece of equipment
that is subject to Table 6 to this subpart and is also subject to periodic
monitoring with EPA Method 21 of 40 CFR part 60, appendix A-7, and is added to
an affected source after December 17, 2019, or replaces equipment at an
affected source after December 17, 2019, you must initially monitor for leaks
within 30 days after August 12, 2020, or initial startup of the equipment,
whichever is later.
Respondent failed to identify and to conduct leak
monitoring on 181 valves on HppMONPol1 from fourth quarter
2020 through fourth quarter 2022, in violation of
Permit Conditions Q.1.2 and V.1.8, and 40 CFR 63.2480(b)(7) and corresponding
conditions in previous permits.
k.
Pursuant
to Permit Condition Q.2.10(a), pursuant to 326 IAC 3-5 (Continuous Monitoring
of Emissions), Respondent shall calibrate, maintain, and operate a continuous
monitoring system which meets the performance specifications of 326 IAC 3-5-2
for the NOx Containment System, SC-1/2 vent (13-155).
Respondent failed to validate re-calibration of the NOx
Containment Continuous Emissions Monitoring System (“CEMS”) which was due to be
completed by January 29, 2022, in violation of Permit Condition Q.2.10(a).
l.
Pursuant
to Permit Condition W.1.11, pursuant to 326 IAC 3-5 (Continuous Monitoring of
Emissions) and 40 CFR 60.48b (Emission Monitoring for Particulate Matter and
Nitrogen Oxides) and in order to demonstrate compliance with Condition W.1.6, a
continuous monitoring system that meets the performance specifications of 326
IAC 3-5-2 shall be installed, calibrated, maintained, and operated on the AUX
BOILER (and AUX2 BOILER and CG1 BOILER, if W.1.19 elected) for measuring NOx.
Respondent failed to timely conduct Relative Accuracy Test
Audit (“RATA”) within four calendar quarters for AUX Boiler and AUX2 Boiler,
which was required by the end of fourth quarter 2022, in violation of Permit
Condition W.1.11.
6.
Respondent
provided additional corrective action information on April 1, 2024.
7.
Orders
of the Commissioner are subject to administrative review by the Office of
Administrative Law Proceedings under IC 4-21.5; however, in recognition of the
settlement reached, Respondent acknowledges notice of this right and waives any
right to administrative and judicial review of this Agreed Order.
II. ORDER
1.
This Agreed Order shall be effective
(“Effective Date”) when it is approved by Complainant or Complainant’s delegate
and has been received by Respondent. This Agreed Order shall have no force or
effect until the Effective Date.
2.
Respondent shall comply with the rules and
permit conditions listed in the findings of fact above.
3.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Jennifer
Bailey, Senior Enforcement Case Manager
Office of Air Quality
Indiana
Department of Environmental Management
Indiana
Government Center North
100 North
Senate Avenue, Room 13W
Indianapolis,
IN 46204-2251
Jbailey2@idem.in.gov
4.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Forty-Four Thousand Eight Hundred
Dollars ($44,800.00). Said penalty
amount shall be due and payable to the Environmental Management Special Fund
within thirty (30) days of the Effective Date; the thirtieth day being the “Due
Date.”
5.
Civil penalties are payable by check to the
“Environmental Management Special Fund.” Checks shall include the Case Number
of this action and shall be mailed to:
Indiana
Department of Environmental Management
Accounts
Receivable
Indiana
Government Center North
100 North
Senate Avenue, Room 13E
Indianapolis,
IN 46204
6.
In the event that the monies
due to IDEM pursuant to this Agreed Order are not paid on or before their Due
Date, Respondent shall pay interest on the unpaid balance at the rate
established by IC 24-4.6-1. The interest shall be computed as having accrued
from the Due Date until the date that Respondent pays any unpaid balance. Such
interest shall be payable to the Environmental Management Special Fund and
shall be payable to IDEM in the manner specified in Paragraph 5, above.
7.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
8.
This Agreed Order shall apply to and be binding
upon Respondent and all successors and assigns. Respondent shall provide a copy
of this Agreed Order, if in force, to any subsequent owners, successors, or
assigns before ownership rights are transferred.
9.
No change in ownership, corporate, or
partnership status of Respondent shall in any way alter the Respondent’s status
or responsibilities under this Agreed Order.
10.
Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of this Agreed Order.
11.
In the event that any terms of
this Agreed Order are found to be invalid, the remaining terms shall remain in
full force and effect and shall be construed and enforced as if this Agreed
Order did not contain the invalid terms.
12.
This Agreed Order is not and shall not be
interpreted to be a permit or a modification of an existing permit. This Agreed
Order, and IDEM’s review or approval of any submittal
made by Respondent pursuant to this Agreed Order, shall not in any way relieve
Respondent of the obligation to comply with the requirements of any applicable
permits or any applicable Federal or State laws or regulations.
13.
Complainant does not, by its approval of this
Agreed Order, warrant or aver in any manner that Respondent’s compliance with
any aspect of this Agreed Order will result in compliance with the provisions
of any permit, order, or any applicable Federal or State law or regulation.
Additionally, IDEM or anyone acting on its behalf shall not be held liable for
any costs or penalties Respondent may incur as a result of
Respondent’s efforts to comply with this Agreed Order.
14.
Nothing in this Agreed Order shall prevent or
limit IDEM’s rights to obtain penalties or injunctive relief under any
applicable Federal or State law or regulation, except that IDEM may not, and
hereby waives its right to, seek additional civil penalties for the violations
specified in the NOV.
15.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the U.S. Environmental
Protection Agency (“U.S. EPA”) or any other agency or entity about any matters
relating to this enforcement action. IDEM or anyone acting on its behalf shall
not be held liable for any costs or penalties Respondent may incur as a result of such communications with the U.S. EPA or any
other agency or entity.
16.
This Agreed Order shall remain in effect until
Respondent has complied with all terms and conditions of this Agreed Order and
IDEM has issued a Resolution of Case letter to Respondent.
|
TECHNICAL
RECOMMENDATION: |
|
RESPONDENT: |
|||||
|
Department
of Environmental Management |
|
SABIC Innovative Plastics US LLC |
|||||
|
|
|
|
|||||
|
By: |
|
|
By: |
|
|||
|
|
David
P. McIver, Chief |
|
Printed: |
|
|||
|
|
Enforcement
Section |
|
Title: |
|
|||
|
|
Office
of Air Quality |
|
|
|
|||
|
|
|
|
Date: |
|
|||
|
|
|
|
|
|
|||
|
|
|
|
|||||
|
APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
|||||||
|
MANAGEMENT THIS |
|
DAY OF |
|
,
2025. |
|||
|
|
|||||||
|
|
For
the Commissioner: |
||||||
|
|
|
||||||
|
|
Signed
on September 22, 2025 |
||||||
|
|
Matthew Stuckey, Assistant
Commissioner |
||||||
|
|
Office
of Air Quality Indiana
Department of Environmental Management |
||||||