U.S. EPA issued an FOV to Cognis on December 19, 2003 for violations of 40 C.F.R. Part 63, Subpart GGG (the Pharma-MACT). Specifically, Abbott was cited for failing to 1) develop and implement required plans; 2) perform initial compliance demonstrations for all process condensers; 3) check, by visual inspection, each pump and agitator for liquid leaks; and 4) maintain proper records for all Pharma-MACT affected areas. U.S. EPA issued a 2nd FOV to Cognis on May 6, 2004 for failing to keep the bed regeneration temperature of a carbon adsorber associated with plant pharmaceutical operations above the minimum required temperature on several occasions in the summer of 2003 and for failing to have required monitoring records for the carbon adsorber six times during that period. U.S. EPA issued a 3rd FOV to Cognis on November 9, 2004 for violations of the Leak Detection and Repair (LDAR) Provisions of the Pharma-MACT, which incorporates certain LDAR Provisions of 40 C.F.R. Part 63, Subpart H. Specifically, Cognis failed to 1) identify timely all equipment subject to the LDAR Provisions; 2) monitor all valves and connectors subject to the LDAR Provisions by October 21, 2003; and 3) monitor all valves and connectors subject to the LDAR Provisions per the procedure detailed in 40 C.F.R. Part 60, Appendix A, EPA Reference Method 21.
Per this CAFO/APO, which resolves all 3 FOVs simultaneously, Cognis must pay a penalty of $70,000. In addition, Cognis has agreed to reduce fugitive