On September 22,2008 and September 25, 2009, Region 5 issued Finding of Violations to BASF for violations of the Clean Air Act and its implementing regulations under the Amino/Phenolic Resins NESHAP at 40 C.F.R. Part 63, Subpart OOO, and the Polyether Polyols NESHAP at 40 C.F.R. Part 63, Subpart PPP. Specifically, BASF committed the following violations: (1) failure to perform Method 21 leak detection and repair monitoring correctly; (2) failure to equip open-ended lines with a closure device; (3) failure to conduct all required monthly leak detection monitoring of pumps and agitators; (4) failure to conduct a required performance test of the facilityÂs thermal oxidizer emission control device correctly; (5) failure to conduct group status determination (determination whether emission control requirements apply) of 11 process wastewater stream points of determination; (6) failure to control emissions from three Group 1 wastewater stream points of determination; (7) failure to perform a compliance determination for a covered process vent; (8) failure to perform a compliance determination and conduct compliance monitoring of two condensers functioning as control devices; and (9) failure to properly quantify emission episodes as part of compliance determination calculations.
Under the terms of the CAFO, BASF must pay a civil penalty of $788,048 and spend at least $250,000 to conduct a supplemental environmental project involving the retrofit or replacement of municipal di