The Revised Consent Decree establishes enhanced performance parameter limits and monitoring requirements for the Facility?s emission control flare. To assure compliance with the flare?s permit requirement to meet a 99% control efficiency, the Revised Consent Decree establishes an interim minimum net heating value (NHV) of flare gas of 200 British Thermal Units per standard cubic feet (BTU/scf). The Revised Consent Decree provides provisions to allow INEOS to petition EPA for a different net heating value limit based on flare performance testing post-entry of the Revised Consent Decree, with the final NHV to be decided (subject to dispute resolution) by the Director of the Air Enforcement Division of the Office of Enforcement and Compliance Assurance. The Revised Consent Decree also requires INEOS to comply with enhanced requirements for the Facility?s leak detection and repair program, also called ?ELP? requirements.
As part of the petition process, INEOS sought to relax its minimum NHV limit for its flare to 186 BTU/scf based upon test data it collected after entry of the Revised Consent Decree. Upon review of INEOS?s flare testing results, as well as other information, EPA determined that a more stringent minimum NHV limit was needed to assure compliance with the 99% control efficiency requirement. The parties went through informal dispute resolution negotiations and the Decree Amendment reflects resolution of the final NHV limit for the flare: under the D