The facility is a surfactant chemical manufacturing facility that uses a flare to control volatile organic compound and hazardous air pollutant emissions from certain chemical manufacturing operations. EPA alleges that Akzo Nobel had improperly operated its flare and therefore violated certain provisions of the National Emission Standards for Hazardous Air Pollutants, including the General Provisions in Subpart A. Specifically, these standards include requirements for owners and operators to only vent gas to flare that meets a minimum heating value. Akzo Nobel had been routing vent gas to the flare below the minimum required heating value which reduced the flare?s efficacy.
On September 3, 2015, EPA and AkzoNobel met for a Section 113 conference regarding the violations. AkzoNobel agreed to improve flare performance by better measuring and controlling the flare heating value by installing new flare equipment. After review and comment, EPA agreed this new flare equipment should ensure long-term compliance once installed and operational. AkzoNobel and EPA agreed to enter into an ACO for the installation of new flare equipment and proper operation of the flare.