EPA agreed on two Administrative Consent Orders (ACOs) with Emerald Performance Materials, LLC (Emerald). The requirements within the ACOs will return Emerald to compliance with the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Miscellaneous Organic Chemical Manufacturing (MON), 40 C.F.R. Part 63, Subpart FFFF; the NESHAP for Equipment Leaks ? Control Level 2 Standards, 40 C.F.R. Part 63 Subpart UU; the NESHAP for Off-Site Waste and Recovery Operations at 40 C.F.R. Part 63 Subpart DD; its Title V Permit No. 123803AAD; and the Illinois State Implementation Plan (IL SIP).
EPA issued a Finding of Violation (FOV) to Emerald on January 21, 2010 for the MON NESHAP based on observations made during EPA?s July 28 and 29, 2009 inspection and the responses Emerald provided in response to an EPA Information Request dated October 21, 2009. The FOV alleged that Emerald failed to comply with 40 C.F.R. ? 63.1033(b)(1) which states, ?Each open-ended valve or line shall be equipped with a cap, blind flange, plug, or a second valve?? Identification of the violation was made during a comparative monitoring inspection at the Emerald facility from July 28-29, 2009. Thirteen separate uncapped lines were identified. On May 9, 2013 EPA and Emerald signed an Administrative Consent Order (ACO) requiring Emerald to conduct a third-party audit of its leak detection and repair (LDAR) program, implement any necessary corrective actions, develop an LDAR manual, and incorpo