Region 5 filed a combination Complaint/Consent Agreement and Final Order simultaneously initiating and resolving an administrative compliance action under Section 113(a) of the Clean Air Act against Respondent Arkema, Inc. at its Riverview, Michigan facility, at which the company produced various chemical products which made the processing equipment subject to the requirements of Subpart H of the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Equipment Leaks at 40 C.F.R. Part 63. Section 63.180(b) of the regulations requires that monitoring comply with EPA Reference Method 21.
During an October 2004 Region 5 inspection at the facility, U.S. Environmental Protection Agency conducted LDAR monitoring on some of the process equipment. EPA staff detected leaks which were then confirmed by the companyÂs regular LDAR contractor (a leak is defined as an instrument reading of 500 ppm or greater). The Region found leaks that represent a significantly higher percentage of leaks than were detected in previous monitoring events by the Respondent. We issued a Finding of Violation (FOV) which alleged that the Company had failed to correctly monitor in accordance with Method 21 during previous LDAR monitoring events. The FOV alleges that: a) Respondent failed to monitor correctly in accordance with EPA Reference Method 21 for valves, connectors, and pumps; b) failed to equip nine open-ended valves or lines at the Facility with a cap, blind flange, plug, or s