FAILURE TO OBTAIN A PSD PERMIT FOR MAJOR MODIFICATION TO FACILITY. FAILURE TO COMPLY WITH CERTAIN PROVISIONS OF THE HAZARDOUS ORGANIC NESHAP (HON). COMPLAINT FILED 11/07/01; CONSENT DECREE LODGED 11/07/01; CONSENT DECREE ENTERED 02/02.
During the course of Consent Decree negotiations, Aristech demonstrated that a thermal oxidizer it installed in 1992 achieves an acceptable 99 % destruction efficiency for VOCs and that it had come into compliance with the HON regulations regarding its Phenol I and II Production Units, Aniline Production Unit, and Cumene Oxidation Unit. In November 2000, Aristech submitted to Ohio EPA an application for a PSD permit regarding the 1986 Phenol Expansion Project.
Under the terms of the Consent Decree, Aristech certified and U.S. EPA has determined that Aristech is currently in compliance with the applicable HON regulations. In addition, the Consent Decree requires that Aristech cooperate with Ohio EPA regarding the pending PSD permit application, comply with the terms and conditions of the PSD permit upon issuance, and maintain compliance with the applicable HON regulations.
The Consent Decree contains provisions for stipulated penalties for any failure by Aristech to comply with pollution control equipment, emissions testing or emission limit requirements in the prospective PSD permit.