U.S. EPA received a Periodic Report from Cognis accounting for the time between March 20, 2003 and September 19, 2003. In this report, U.S. EPA learned that Cognis failed to keep the bed regeneration temperature of the regenerative carbon adsorber associated with the pharmaceutical manufacturing operations at its Kankakee plant above the minimum temperature, established in its Notification of Compliance Status Report, on 72 days during this period. On May 6, 2004, U.S. EPA issued a FOV to Cognis regarding this matter.
On June 28, 2004, U.S. EPA issued an Administrative Consent Order (ACO) under the Clean Air Act to require that Cognis comply with the NESHAP for Pharmaceuticals Production at 40 C.F.R. Part 63, Subpart GGG. Per the ACO, Cognis has agreed to conduct performance testing of its regenerative carbon adsorber to establish new monitoring parameters. The test is scheduled for July 21, 2004.