RESPONDENT NAME: Huntsman Polymers Corporation N/KIA ...€¦ · 6/26/2009 · materials will be...

EXECUTIVE SUMMARY - ENFORCEMENT MATTER

of3DOCKET NO.: 2009-0152-AIR-E TCEQ ID: RN101867554 CASE NO.: 37109

RESPONDENT NAME: Huntsman Polymers Corporation N/KIA Huntsman Advanced Materials LLC

ORDER TYPE:

X 1660 AGREED ORDER _FINDINGS AGREED ORDER _FINDINGS ORDER FOLLOWINGSOAH HEARING

_FINDINGS DEFAULT ORDER -SHUTDOWN ORDER _IMMINENT AND SUBSTANTIALENDANGERMENT ORDER

_AMENDED ORDER _EMERGENCY ORDER

CASE TYPE:

X AIR -MULTI-MEDIA (check all that apply) INDUSTRIAL AND HAZARDOUSWASTE

_PUBLIC WATER SUPPLY -PETROLEUM STORAGE TANKS _OCCUPATIONAL CERTIFICATION

_WATER QUALITY -SEWAGE SLUDGE _UNDERGROUND INJECTIONCONTROL

_MUNICIPAL SOLID WASTE ` _RADIOACTIVE WASTE _DRY CLEANER REGISTRATION

SITE WHERE VIOLATION(S) OCCURRED: Odessa Petrochemical Plant, 2400 South Grandview Avenue, Odessa, Ector County

TYPE OF OPERATION: Polyethylene and polypropylene production plant

SMALL BUSINESS:

Yes

X No

OTHER SIGNIFICANT MATTERS: There are no complaints. There is one additional pending enforcement action regarding this facilitylocation, Docket No. 2008-1424-AIR-E.

INTERESTED PARTIES: No one other than the ED and the Respondent has expressed an interest in this matter.

COMMENTS RECEIVED: The Texas Register comment period expired on June 1, 2009. No comments were received.

CONTACTS AND MAILING LIST:TCEQ Attorney/SEP Coordinator: Mr. Phillip Hampsten, SEP Coordinator, Enforcement Division, MC 219, (512) . 239-6732TCEQ Enforcement Coordinator: Ms. Trina Grieco, Enforcement Division, Enforcement Team 5, MC R-13, (210) 403-4006; Ms.Cari-Michel La Caille, Enforcement Division, MC 219, (512) 239-1387Respondent: Mr. Edward L. Gunderson, Environmental Manager, Huntsman Polymers Corporation N/K/A Huntsman AdvancedMaterials LLC, 8600 Gosling Road, The Woodlands, Texas 77381-4845Ms. Elizabeth McDaniel, EHS Vice President, Huntsman Polymers Corporation N/K/A Huntsman Advanced Materials LLC, 8600Gosling Road, The Woodlands, Texas 77381-4845Respondent's Attorney: Not represented by counsel on this enforcement matter

execsum/5-23-08/app-26c.doc

RESPONDENT NAME: Huntsman Polymers Corporation N/K/A Huntsman Advanced Materials LLC of 3

DOCKET NO.: 2009-0152-AIR-E

VIOLATION SUMMARY CHART:

VIOLATION INFORMATION PENALTY CONSIDERATIONS CORRECTIVE ACTIONSTAKEN/REQUIRED

Type of Investigation:Complaint

X RoutineEnforcement Follow-up

_ Records Review

Date(s) of Complaints Relating to thisCase: None

Date of Investigation Relating to thisCase: October 16, 2008

Date of NOV/NOE Relating to this Case:January 13, 2009 (NOE)

Background Facts: This was a routineinvestigation.

AIR

1) Failure to submit the Title V PermitCompliance Certification ("PCC") within30 days after the end of the annualcompliance certification ("ACC") period;failure to submit the deviation reportwithin 30 days after the end of the semi-annual deviation reporting period; andfailure to include all deviations in twodeviation reports. Specifically, the PCCfor the November 24, 2006 to July 31,2007 ACC period (the Plant was soldeffective August 1, 2007) was due onAugust 30, 2007, but was not submitteduntil February 4, 2008. The deviationreport for the November 24, 2006 to May23, 2007 deviation reporting period wassubmitted within the required timeframe,but was incomplete. The deviation reportfor the May 24, 2007 to July 31, 2007deviation reporting period was due onAugust 30, 2007, but was not submitteduntil October 1, 2007, and was incomplete.An amended deviation report wassubmitted on February 4, 2008 to includedeviations which should have beensubmitted on the November 24, 2006 toMay 23, 2007 and May 24, 2007 to July31, 2007 deviation reports [30 TEx.

ADMIN. CODE §§ 122.145(2)(A) and (C)and 122.146(2), Federal Operating PermitNo. 0-02150, General Terms andConditions, and TEx. HEALTH & SAFETY

CODE § 382.085(b)].

Total Assessed: $45,208

Total Deferred: $9,041X Expedited Settlement

-Financial Inability to Pay

SEP Conditional Offset: $18,083

Total Paid to General Revenue: $18,084

Site Compliance History Classification_ High

X Average

_ Poor

Person Compliance History Classification_ High

X Average

_ Poor

Major Source:

X Yes _ No

Applicable Penalty Policy: September 2002

Corrective Actions Taken:

The Executive Director recognizes that theRespondent has implemented thefollowing corrective measures at the Plant:

a. On February 4, 2008, submitted the.`Title V PCC for the November 24, 2006 toJuly 31, 2007 annual certification period;

b. On October 1, 2007, submitted adeviation report for the May 24, 2007 toJuly 31, 2007 semi-annual deviationreporting. period;

c. On February 4, 2008, submitted anamended deviation report for theNovember 24, 2006 to May 23, 2007 andMay 24, 2007 to July 31, 2007 semi-annual deviation reporting periods, toinclude previously unreported deviations;

d. By April 1, 2007, monitored the 16,405components subject to the LDAR programthat were previouslyidentified/unmonitored . and

e. Sold the Plant on August 1, 2007.

Ordering Provisions:

The Order will require the Respondent toimplement and complete a SupplementalEnvironmental Project (SEP). (See SEPAttachment A)

execsum/5-23-08/app-26c.doc

RESPONDENT NAME: Huntsman Polymers Corporation N/K/A Huntsman Advanced Materials LLC of 3

DOCKET NO.: 2009-0152-AIR-E

2) Failure to monitor 13,139flanges/connectors, 3,116 valves, 11 pumpseals, and 139 open-ended lines in volatileorganic compounds service, which werenot identified in the 28VHP leak detectionand repair ("LDAR") program [30 TEx.

ADMIN. CODE § 116.115(c), New SourceReview Permit No. 19123, SpecialCondition 6, and TEx. HEALTH & SAFETY

CODE § 382.085(b)].

3) Failure to submit an annual report forcalendar years 2004 and 2005 thatsummarizes all inspections during whichdetectable emissions are measured thatcould result in benzene emissions ifidentified, including information about therepairs or corrective action taken [30 TEx.

ADMIN. CODE § 101.20(2), 40 CODE OF

FEDERAL REGULATIONS § 61.357(d)(8) andTEX. HEALTH & SAFETY CODE §

3 82.085(b)].

Additional ID No(s).: EB0057B

execsum/5-23-OS/app-26c.doc

AttachmentADocket Number: 2009-0152-AIR-E

SUPPLEMENTAL ENVIRONMENTAL PROJECT

Respondent:

Penalty Amount:

SEP Offset Amount:

Type of SEP:

Third-Party Recipient:

Location of SEP:

Huntsman Polymers Corporation N/K/A Huntsman AdvancedMaterials LLC

Thirty-Six Thousand One Hundred Sixty-Seven Dollars($36,167)

Eighteen Thousand Eighty-Three Dollars ($18,083)

Pre-approved

Keep Odessa Beautiful, Inc.

Ector County

The Texas Commission on Environmental Quality ("TCEQ") agrees to offset a portion of the administrativePenalty Amount assessed in this Agreed Order for the Respondent to contribute to a SupplementalEnvironmental Project ("SEP"). The offset is equal to the SEP Offset Amount set forth above and isconditioned upon completion of the project in accordance with the terms of this Attachment A.

1.

Project Description

A. Project

The Respondent shall contribute the SEP Offset Amount to the Third-Party Recipient named above. Thecontribution will be to Keep Odessa Beautiful, Inc. for the Household Hazardous Waste, Tire Collection, andRecycling program as set forth in an agreement between the Third-Party Recipient and the TCEQ. Specifically,the contribution will be used to provide citizens and schools with a safe and convenient opportunity to properlydispose of harmful chemicals and prevent illegal dumping of harmful wastes or tires. The following types ofmaterials will be accepted: batteries, oil and oil filters, paints, household and/or school chemicals, and usedtires. The items collected in these events will be either reused or properly disposed. Citizens may "reuse"unused portions of properly labelled and handled chemical products through the reusable materials exchange.All dollars contributed will be used solely for the direct cost of the project and no portion will be spent onadministrative costs. The SEP will be done in accordance with all federal, state and local environmental lawsand regulations.

The Respondent certifies that it has no prior commitment to make this contribution and that it is being donesolely in an effort to settle this enforcement action.

B. Environmental Benefit

This SEP will provide a discernible environmental benefit by reducing the amount of materials entering theenvironment, prevent pollution, promote recycling of reusable materials, and educate citizens about theharmful effects of illegal dumping.

Huntsman Polymers Corporation N/K/A Huntsman Advanced Materials LLCAgreed Order Docket No. 2009-0152-AIR-E - Attachment A

C.

Minimum Expenditure

The Respondent shall contribute at least the SEP Offset Amount to the Third-Party Recipient and comply withall other provisions of this SEP.

2.

Performance Schedule

Within 30 days after the effective date of this Agreed Order, the Respondent must contribute the SEP OffsetAmount to the Third-Party Recipient. The Respondent shall mail a copy of the Agreed Order with thecontribution to:

Keep Odessa BeautifulCourtney Graves, Executive DirectorP.O. Box 14156Odessa, Texas 79768

3.Records and Reporting

Concurrent with the payment of the SEP Offset Amount, the Respondent shall provide the TCEQ SEPCoordinator with a copy of the check and transmittal letter indicating full payment of the SEP Offset Amountto the Third-Party Recipient. The Respondent shall mail a copy of the check and transmittal letter to:

Enforcement DivisionAttention: SEP Coordinator, MC 219Texas Commission on Environmental QualityP.O. Box 13087Austin, Texas 78711-3087

4.Failure to Fully Perform

If the Respondent does not perform its obligations under this SEP in any way, including full expenditure of theSEP Offset Amount and submittal of the required reporting described in Section 3 above, the ExecutiveDirector may require immediate payment of all or part of the SEP Offset Amount.

In the event of incomplete performance, the Respondent shall include on the check the docket number of thisAgreed Order and a note that it is for reimbursement of a SEP. The Respondent shall make the payment forthe amount due to "Texas Commission on Environmental Quality" and mail it to:

Litigation DivisionAttention: SEP Coordinator, MC 175Texas Commission on Environmental QualityP.O. Box 13087Austin, Texas 78711-3087

Page 2 of 3


5.Publicity

Any public statements concerning this SEP made by or on behalf of the Respondent must include a clearstatement that the project was performed as part of the settlement of an enforcement action brought by theTCEQ. Such statements include advertising, public relations, and press releases.

6.Clean Texas Program

The Respondent shall not include this SEP in any application made to TCEQ under the "Clean Texas" (or anysuccessor) program(s). Similarly, the Respondent may not seek recognition for this contribution in any otherstate or federal regulatory program.

7.

Other SEPs by TCEQ or Other Agencies

The SEP identified in this Agreed Order has not been, and shall not be, included as a SEP for the Respondentunder any other Agreed Order negotiated with the TCEQ or any other agency of the state or federalgovernment.

Page 3 of 3

4/29/2009 H:Wgreed Orders\HuntsmanPolymersCorporationNKAHuntsmanAdvancedMaterialsLLC09-0152-air\Huntsman PCW.xIs

-"Noll Policy Revision 2 (September 2002)

Penalty Calculation Worksheet (PCW)PCW Revision October 30, 2008

DATES AssignedPCW

20-Jan-200930-Jan-2009 Screening)29-Jan-2009 _ EPA Due'10-Oct-2009

'RESPONDENT/FACILITY INFORMATIONRespondent

Reg. Ent. Ref. No.Facility/Site Region

Huntsman Polymers Corporation N/K/A Huntsman Advanced Materials LLCRN101867554.7-Midland

Major/MinorSourcelMajor

'CASE INFORMATIONEnf./Case ID No.

Docket No.Media Program(s)

No. of ViolationsOrder Type

Government/Non-ProfitEnf. Coordinator

3710916602009-0152-AIR-E

AirTrina GriecoMulti-Media

EC's Team Enforcement Team 5Admin. Penal $ Limit Minimum $0 'Maximum I $10,000

Penalty Calculation Section

TOTAL BASE PENALTY (Sum of violation base penalties)

Subtotal 1

$37,500

ADJUSTMENTS (+/-) TO SUBTOTAL 1Subtotals 2-7 are obtained by multiplying the Total Base Penalty (Subtotal 1) by the indicated percentage.

Compliance History

14.0%

Enhancement

Subtotals 2 3, & 7

$5,250

Penalty enhancement due to four NOVs issued for same or similarviolations and four NOVs issued for dissimilar violations. Penalty

Notes reduction due to seven notice of audit letters submitted, one disclosureof violations submitted, and participation in a voluntary pollution

reduction program.

Culpability 0.0%

Enhancemen Subtotal 4

Notes The Respondent does not meet the culpability criteria.

Good Faith Effort to Comply Total Adjustments Subtotal 5

Economic Benefit

0.0% Enhancement' Subtotal 6Total EB Amami.

$10,585

'upped at the Totai ES $,,mountApprox. Cost of Compliance

$10,043

SUM OF SUBTOTALS 1-7 Final Subtotal

OTHER FACTORS AS JUSTICE MAY REQUIRE

32.7% AdjustmentReduces or enhances the Final Subtotal by the indicated percentage.

Enhancement recommended for recovery of avoided costs ofcompliance.

Final Penalty Amount

Notes

Deferral offered for expedited settlement

sot

$34,625

$10,583

Notes

DEFERRAL

20.0% Reduction AdjustmentReduces the Final Assessed Penalty by the indicted percentage. (Enter number only; e.g. 20 for 20% reduction.)

STATUTORY LIMIT ADJUSTMENT

Final Assessed Penalty

$45,208

$45,208

-$9,041

PAYABLE PENALTY

$36,167

of 2, 4/29/2009, H:\Agreed Orders\HuntsmanPolymersCorporationNKAHuntsmanAdvancedMaterialsLLC09-0152-air\Huntsman PCW.xIs

Screening Date 29-Jan-2009

Docket No. 2009-0152-AIR-E.

Respondent Huntsman Polymers Corporation N/K/A Huntsman AdvarCase ID No. 37109

Reg. Ent. Reference No. RN101867554Media [Statute] Air

Enf. Coordinator Trina Grieco

Compliance History WorksheetCompliance History Site Enhancement (Subtotal 2)

Component Number of...

PCW

Policy Revision 2 (September 2002) l

PCW Revision October-30, 20081

Enter Number Here Adjust.

NOVsWritten NOVs with same or similar violations as those in the current enforcement action(number of NOVs meeting criteria ) 20%

Other written NOVs 4 8%.

Orders

Any agreed final enforcement orders containing a denial of liability (number of ordersmeeting criteria ) 0%

Any adjudicated final enforcement orders, agreed final enforcement orders without a denialof liability, or default orders of this state or the federal government, or any final prohibitoryemergency orders issued by the commission

0 0%

Judgmentsand Consent

Decrees

Any non-adjudicated final court judgments or consent decrees containing a denial of liabilityof this state or the federal government (number ofjudgements or consent decrees meetingcriteria)

0 0%

Any adjudicated final court judgments and default judgments, or non-adjudicated final courtjudgments or consent decrees without a denial of liability, of this state or the federalgovernment

0 0%

Convictions Any criminal convictions of this state or the federal government (number of counts) 0 0%Emissions Chronic excessive emissions events (number of events) 0 0%

Audits

Letters notifying the executive director of an intended audit conducted under the TexasEnvironmental, Health, and Safety Audit Privilege Act, 74th Legislature, 1995 (number ofaudits for which notices were submitted)

7 -7%

Disclosures of violations under the Texas Environmental, Health, and Safety Audit PrivilegeAct, 74th Legislature, 1995 (number of audits for which violations were disclosed) 1 2%

Please Enter Yes or-No

Environmental management systems in place for one year or more No 0%

Voluntary on-site compliance assessments conducted by the executive director under aNo 0%

Otherspecial assistance program

Participation in a voluntary pollution reduction program Yes -5%

Early compliance with, or offer of a product that meets future state or federal governmentNo 0%environmental requirements

Adjustment Percentage (Subtotal 2)


>> Compliance History Person Classification (Subtotal 7)

Average Performer


0%

Compliance HistorySummary

Penalty enhancement due to four NOVs issued for same or similar violations and four NOVs issued fordissimilar violations. Penalty reduction due to seven notice of audit letters submitted, one disclosure of

violations .submitted ; and participation in a voluntary pollution reduction program.

,14%

0%

ComplianceHistoryNotes

Total Adjustment Percenta • e (Subtotals 2, 3,&7) 14%

of 2, 4/29/2009, H:)Agreed Orders\HuntsmanPolymersCorporationNKAHuntsmanAdvancedMaterialsLLC09-0152-air\Huntsman PCW.xis


Docket No. 2009-0152-AIR-ERespondent Huntsman Polymers Corporation N/K/A Huntsman Advanced MaterCase ID No. 37109

Ent. Reference No. RN101867554Media [Statute] Air

Enf. Coordinator Trina GriecoViolation Number

130 Tex. Admin. Code §§122.145(2)(A) and (C) and 122.146(2), Federal Operating Permit

No. 0-02150, General Terms and Conditions and Tex. Health & Safety Code §382.085(b)

Failed to submit the Title V Permit Compliance Certification ("PCC") within 30 days afterthe end of the annual compliance certification ("ACC") period; failed to submit the

deviation report within 30 days after the end of the semi-annual deviation reporting period;and failed to include all deviations in two deviation reports. Specifically, the PCC for theNovember 24, 2006 to July 31, 2007 ACC period (the Plant was sold effective August 1,2007) was due on August 30, 2007; but was not submitted until February 4, 2008. Thedeviation report for the November 24, 2006 to May 23, 2007 deviation reporting periodwas submitted within the required timeframe, but was incomplete. The deviation reportfor the May 24, 2007 to July 31, 2007 deviation reporting period was due on August 30,2007, but was not submitted until October 1, 2007, and was incomplete. An amendeddeviation report was submitted on February 4, 2008 to include deviations which shouldhave been submitted on the November 24, 2006 to May 23, 2007 and May 24, 2007 to

July 3' 2007 deviation reports.

PCWPolicy Revision 2 (September 2002) 1

PCW Revision October30, 20081

ReleaseOR

ActualPotential

>>Programmatic Matrix

>> Environmental, Property and Human Health MatrixHarm

ModerateMa P;1 rueor

Percent

Base Penalty

0%

$10,0001

MatrixNotes

Falsification

Moderate

MinorPercent

25%

100% of the rule requirements were not met.

Adjustment $7,5001$2,500)

Violation Events

Three single events (one per report) are recommended.

228 I^Number of violation days

Violation Base Penalty!

Good Faith Efforts to Comply 25.0% ReductionBefore NOV N(c .

$1,875

ExtraordinaryOrdinary

N/A rk with x)

Notes The Respondent completed corrective actions on February 4,ii.

2008.

Economic Benefit (EB) for this violation

Estimated EB Amount $21

Violation SubtotalStatutory Limit Test

Violation Final Penalty Total] $8,858!

$5,6251

This violation Final Assessed Penalty (adjusted for limits)) $8,8581

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Economic Benefit Worksheet

Respondent Huntsman Polymers Corporation N/K/A Huntsman Advanced Materials LLCCase ID No. 37109

Req. Ent. Reference No. RN101867554Media Air

Violation No. 1

5.01

15

Item Cost

Date Required

Final Date

Yrs Interest Saved Onetime Costs

EB Amount

Item Description No commas or s

I II

I I 0.00 $0 $0 $0

I I 0.00 $0 $0 $0I I I 0.00 $0 $0

_ $0

I I I 0.00 $0 _ $0

I

I I

I I 0.00 $0 r $0

I I

II II

II

0.00 $0 as

^i

$0

I I 0.000.00

I

$0$0 Na

$0$0I I

I$100

Q

I

30-Auq-2007I

)

4-Fee-20080.000.43

$0$2

NF. $0$2

Estimated cost to prepare and submit the PCC and two deviation reports. The date required is the date teereports were due. The final date is the date the reports were submitted.

ANNUALIZE [1] avoided costs before entering item (except for one-time avoided costs)

I

II

f l 0.00 $0 $0 $0II

I I 0.00 $0 $0 $0

I I

I I 0.00 $0 $0 $0

f

II

I I 1 0.00 $0 $0 $0

I I

I I 0.00 $0 $0 $0

I

i t 0.00 $0 $0 $0

I f

II

I .

0.00 _ $0 $0 $0

Approx. Cost of Compliance

stool

TOTAL

$21

Percent Interest

Years ofDepreciation

Delayed CostsEquipment

BuildingsOther (as needed)

Engineering/constructionLand

Record Keeping SystemTraining/Sampling

Remediation/DisposalPermit Costs

Other (as needed)

Notes for DELAYED costs

Avoided CostsDisposal

PersonnelInspection/Reporting/Sampling

Supplies/equipmentFinancial Assurance [2]

ONE-TIME avoided costs [3]Other (as needed)

Notes for AVOIDED costs

of 2, 4/29/2009, H:)Agreed Orders\HuntsmanPolymersCorporationNKAHuntsmanAdvancedMaterialsLLC09-0152-air\Huntsman PCW.xIs


Docket No. 2009-0152-AIR-E

Respondent Huntsman Polymers Corporation N/K/A Huntsman Advanced Materit

Case ID No. 37109

Reg. Ent Reference No. RN101867554

Media [Statute] Air

Enf. Coordinator Trina GriecoViolation Number

2Rule Cite(s)

Violation Description

Base Penalty

$10,000


Moderate

Estimated emissions of 101.76 tons of VOCs were calculated utilizing the Facility Specific FugitiveEmission Factors in the "Air Permit Technical GL ,dance for Chemical Sources: Equipment Leak Fugitives"

pualication.

Violation Events

Number of Violation Events

127

mark only onewith an x

1I rr_,a€

srr„algee:?nt

Five monthly events are recommended from November 25, 2006 to April 1, 2007, during which thecomponents were not monitored.

Good Faith Efforts to Comply

25.0 Reduction

$6,250

Be ore NOV

1.DV to EDPRP/Settlement Off

1(mark with x)

The Respondent completed corrective actions on April 1, 2007.

Economic Benefit (EB) for this violation Statutory Limit

est

Violation Final Penalty Total'

$29,5261Estimated EB Amount $10,4661

This violation Final Assessed Penalty (adjusted for limits)}

$29,5261

30 Tex. Admin. Code § 116.115(c), New Source Review Permit No. 19123, SpecialCondition 6 and Tex. Health & Safety Code § 382.085(b)

PCW

Policy Revision 2 (September 2002)

PCW Revision October 30, 2008

Failed to monitor 13,139 flanges/connectors, 3,116 valves, 11 pump seals, and 139 open-ended lines in volatile organic compounds ("VOC") service, which were not identified in the

28VHP leak detection and repair ("LDAR") program.

ReleaseActual

Potential

MajorOR

>>Programmatic MatrixFalsiti tisr Major

x

Moderate Minor

Minor

Percent 50%

0%Percent 1

Adjustment

Number of violation days

Violation Base Penalty! $25,0001

$5,0001

$5,000!

Extraordinary

Ordinary

N/A

Notes

Violation Subtotall $18,7501


Economic Benefit Worksheet

Respondent Huntsman Polymers Corporation N/K/A Huntsman Advanced Materials LLCCase ID No. 37109


Violation No. 2

Final Date

Yrs Interest Saved Onetime Costs

EB Amount

EquipmentBuildings

Other (as needed)Engineering/construction

LandRecord Keeping System

Training/SamplingRemed iation/Disposal

Permit CostsOther (as needed)

Notes for DELAYED costs

0.00 $0 $0 $00.00 $0 $0 $0

1 0.00 $0 $0 $00.00 $0 $00.00 $0 $00.00 $0 $00.00 $0 $00.00 $0 $00.00 $0 $00.00 $0 $

Avoided Costs -

,ANNUALIZE [1] avoided costs before entering tern (except for one-time avoided costs)0.000.00 $0 $0 $00.00 $0 $0 $00.00 $0 $0 $00.00 $00.00 $0 $0 $0

$9,843

I

25-Nov-2006

1-Apr-2007 1.27 $623 $9,843 $10,466Estimated expense to monitor the 16,405 components (at $ 0.60 per component) subject to the LDAR program

that were previously unidentified/unmonitored. The date required is the approximate date the deviation wasdiscovered. The final date is the date the previously unidentified components were entered into the LDAR .

program and monitored.

Approx. Cost of Compliance 1

$9,843

TOTAL

$10,4661

DisposalPersonnel

Inspection/Reporting/SamplingSupplies/equipment

Financial Assurance [2]ONE-TIME avoided costs [3]

Other (as needed)

Notes for AVOIDED costs



Docket No. 2009-0152-AIR-E

Respondent Huntsman Polymers Corporation N/K/A Huntsman Advanced Mated

Case ID No. 37109

Reg. Ent. Reference No. RN101867554

Media [Statute] Air

Enf. Coordinator Trine GriecoViolation Number

Rule Cite(s) 30 Tex. Admin. Code § 101.20(2), 40 Code of Federal Regulations § 61.357(d)(8) and Tex.Health & Safety Code § 382.085(b)

3

PCW

Policy Revision 2 (September 2002) l

PCW Revision October 30, 2008

Failed to submit an annual report for calendar years 2004 and 2005 that summarizes allinspections during which detectable emissions are measured that could result in benzeneemissions if identified, including information about the repairs or corrective action taken.

Violation Description

1Base Penalty

100% of the rule requirements were not met.

$2,5001

Violation Events

Number of Violation Event

912

Number of violation days


OR

1$7,500Adjustment:

MatrixNotes

0%Percent

Percent 25%

annual

gc^'^_^nl,E X

mark only onewith an x

orris'' .-It Violation Base Penalty $5,0001

Two single events (one per report) are recommended.

Good Faith Efforts to Comply

Extraordinary

Ordinary

N/A

Notes

0.0% ReductionBefore NOV NOV to EDFRF/Settlement Offer

'(mark with x)

The Respondent does not meet the good faith criteria for thisviolation.

Economic Benefit (EB} for this violation

Estimated EB Amount

Violation Subtotal

Statutory Limit Test

Violation Final Penalty Total! $7,564(

$0

$5,000i

This violation Final Assessed Penalty (adjusted for limits)( $7,5641


Economic Benefit WorksheetRespondent Huntsman Polymers Corporation N/K/A Huntsman Advanced Materials LLCCase ID No. 37109


Violation No. 3

I

I I

II 0.00 $0 $0 $0I

I I

I I

I 0.00 $0 $0 $0I

I I

I I 0.00 $0 $0 $0

II

II

II

0.000.00

$0 _$0 _

a$0$0

O 0.00 $0 $0I ^I

I 0.00 $0 a $0I

III

I f

1II

I0.00

,

0.00$0$0

$0$0

p I I 0.00 $0 SO

ANNUALIZE [1] avoided costs before entering item (except for one-time avoided costs)

1

I I

II 0.00 $0 $0 $0I

I I

II 1 0.00 $0 $0 $0II

I ^ I 0.00 $0 $0 $0II

1 1 1 0.00 $0 $0 $0II

(I 1 0.00 $0 $0 $0I

II

II I 0.00 $0 $0 $0I $100

I 31-Jan-2005

I I

1-Auq-2007 I 3.42 $17 $100 $117

Estimated cost to submit two non-detectable emissions reports. The date required is the date the first report wasdue. The final date is the date the Plant was sold.

Delayed CostsEquipment

BuildingsOther (as needed)

Engineering/constructionLand

Record Keeping SystemTraining/Sampling

Remediation/DisposalPermit Costs

Other (as needed)

Avoided CostsDisposal

...

PersonnelInspection/Reporting/Sampling

Supplies/equipmentFinancial Assurance [2]

ONE-TIME avoided costs [3]Other (as needed)

Compliance History Report

Customer/Respondent/Owner-Operator: CN600132104

Huntsman Polymers Corporation

Classification: AVERAGE Rating: 2.09

Regulated Entity: RN101867554

ODESSA PETROCHEMICAL PLANT

Classification: AVERAGE Site Rating: 0.25

ID Number(s): AIR OPERATING PERMITS PERMIT 1230

AIR OPERATING PERMITS PERMIT 2150

AIR OPERATING PERMITS ACCOUNT NUMBER EB0057B

INDUSTRIAL AND HAZARDOUS WASTE EPA ID TXD980626014GENERATION

INDUSTRIAL AND HAZARDOUS WASTE SOLID WASTE REGISTRATION # 30142GENERATION

UNDERGROUND INJECTION CONTROL

(SWR)

PERMIT WDW016

UNDERGROUND INJECTION CONTROL PERMIT WDW303

AIR NEW SOURCE PERMITS AFS NUM 4813500005

AIR NEW SOURCE PERMITS ACCOUNT NUMBER EB0057B

AIR NEW SOURCE PERMITS REGISTRATION 84477


AIR NEW SOURCE PERMITS PERMIT 5611








AIR NEW SOURCE PERMITS PERMIT 7824A









AIR NEW SOURCE PERMITS EPA ID P967


















AIR NEW SOURCE PERMITS

' PERMIT 45454










AIR NEW SOURCE PERMITS. REGISTRATION 74377




AIR NEW SOURCE PERMITSAIR NEW SOURCE PERMITSAIR NEW SOURCE PERMITS

EPA IDEPA IDREGISTRATION

PSDTX1028PSDTX96776794





AIR NEW SOURCE PERMITS REGISTRATION 81622AIR NEW SOURCE PERMITS REGISTRATION 81623AIR NEW SOURCE PERMITS REGISTRATION 81675AIR NEW SOURCE PERMITS REGISTRATION 81678AIR NEW SOURCE PERMITS REGISTRATION 82016AIR NEW SOURCE PERMITS REGISTRATION 82816AIR NEW SOURCE PERMITS REGISTRATION 85019AIR NEW SOURCE PERMITS REGISTRATION 84475AIR NEW SOURCE PERMITS REGISTRATION 85940AIR NEW SOURCE PERMITS REGISTRATION 85407AIR NEW SOURCE PERMITS PERMIT 44347AIR NEW SOURCE PERMITS REGISTRATION 86533AIR NEW SOURCE PERMITS REGISTRATION 86623AIR NEW SOURCE PERMITS REGISTRATION 86380AIR NEW SOURCE PERMITS REGISTRATION 86715AIR NEW SOURCE PERMITS REGISTRATION 85938AIR NEW SOURCE PERMITS REGISTRATION 85689AIR NEW SOURCE PERMITS REGISTRATION 86335AIR NEW SOURCE PERMITS REGISTRATION 85939AIR NEW SOURCE PERMITS REGISTRATION 85942AIR NEW SOURCE PERMITS REGISTRATION 86489AIR NEW SOURCE PERMITS REGISTRATION 86190AIR NEW SOURCE PERMITS REGISTRATION 84797AIR NEW SOURCE PERMITS REGISTRATION 83071AIR NEW SOURCE PERMITS PERMIT 83928AIR NEW SOURCE PERMITS REGISTRATION 85418AIR NEW SOURCE PERMITS REGISTRATION 84913WASTEWATER PERMIT TPDES01304WASTEWATER. PERMIT WQ0001304000WASTEWATER

. PERMIT TX0111708INDUSTRIAL AND HAZARDOUS WASTE PERMIT 50290STORAGE

INDUSTRIAL AND HAZARDOUS WASTE PERMIT 50290STORAGE

INDUSTRIAL AND HAZARDOUS WASTE PERMIT 50290STORAGE

IHW CORRECTIVE ACTION SOLID WASTE REGISTRATION # 30142

INDUSTRIAL AND HAZARDOUS WASTE

'(SWR)

,

PERMIT 50290POST CLOSURE

INDUSTRIAL AND HAZARDOUS WASTE PERMIT 50290

Location:

TCEQ Region:

Date Compliance History Prepared:

Agency Decision Requiring Compliance History:

Compliance Period:

COMPLIANCE PLANS

2400 S GRANDVIEW AVE, ODESSA, TX, 79766

REGION 07 - MIDLAND

January 26, 2009

Enforcement

January 26, 2004 to January 26, 2009

TCEQ Staff Member to Contact for Additional Information Regarding this Compliance History

Name:

Trina Grieco

Phone:

(210) 403-4006

Site Compliance History Components

1. Has the site been in existence and/or operation for the full five year compliance period?

2. Has there been a (known) change in ownership of the site during the compliance period'?

Yes

Yes

3. If Yes, who is the current owner?

4. if Yes, who was/were the prior owner(s)?

5. When did the change(s) in ownership occur?

6. Rating Date: 9/1/2008 Repeat Violator: NO

Flint Hills Resources, L.P.

Huntsman Polymers Corporation

Huntsman Advanced Materials LLC

8/1/2007

Components (Multimedia) for the Site :

A. Final Enforcement Orders, court judgements, and consent decrees of the state of Texas and the federal government.

N/A

B.

Any criminal convictions of the state of Texas and the federal government.

N/A

C.

Chronic excessive emissions events.

N/A

D. The approval dates of investigations. (CCEDS Inv. Track. No.)

1 02/13/2004 (262420)

2 02/13/2004 (324422)3 03/10/2004 (264684)

4 03/11/2004 (324424)

5 04/21/2004 (324425)

6 05/03/2004 (269961)

7 05/12/2004 (265088)

8 05/12/2004 (272144)

9 05/19/2004 (365155)

10 06/14/2004 (324428)

11 07/12/2004 (365156)

12 08/12/2004 (289287)

13 08/16/2004 (365157)

14 09/17/2004 (365158)

15 10/16/2004 (337618)

16 10/22/2004 (365159)

17 11/12/2004 (339139)

18 11/24/2004 (389123)

19 12/13/2004 (389124)

20 01/10/2005 (389125)

21 02/07/2005 (349506)

22 02/07/2005 (426692)

23 02/09/2005 (349662)

24 03/03/2005 (371416)

25 04/04/2005 (375875)

26 04/11/2005 (426693)

27 04/28/2005 (372705)

28 05/10/2005 (426694)

29 06/10/2005 (453695)

30 06/13/2005 (394962)

31 06/15/2005 (426695)

32 07/05/2005 (397703)

33 07/11/2005 (446919)

34 08/09/2005 (446920)

35 08/17/2005 (404735)

36 09/13/2005 (431770)

37 09/14/2005 (446921)

38 09/20/2005 (431891)

39 10/11/2005 (490856)

40 10/27/2005 (435679)

41 11/07/2005 (490857)

42 12/13/2005 (440269)

43 12/13/2005 (490858)

44 01/1212006 (490859)

45 02/07/2006 (490854)

46 02/10/2006 (455206)

47 03/10/2006 (453698)

48 03/16/2006 (490855)

49 04/03/2006 (461485)

50 04/10/2006 (462312)

51 04/10/2006 (505518)

52 05/26/2006 (455718)

53 06/06/2006 (505520)

54 07/05/2006 (505519)

55 07/05/2006 (505521)

56 08/01/2006 (527787)

57 09/05/2006 (511057)

58 09/05/2006 (527788)

59 09/06/2006 (462240)

60 10/02/2006 (527789)

61 10/24/2006 (516248)

62 11/02/2006 (588319)

63 12/04/2006 (588320)

64 01/08/2007 (588321)

65 02/01/2007 (588312)

66 02/12/2007 (535357)

67 03/06/2007 (588313)

68 03/08/2007 (541095)

69 03/23/2007 (554242)

70 04/03/2007 (588314)

71 05/02/2007 (588315)

72 06/04/2007 (588316)

73 07/02/2007 (588317)

74 08/07/2007 (588318)

75 08/22/2007 (573124)

76 08/28/2007 (573756)

77 09/04/2007 (605400)

78 10/15/2007 (596752)

79 10/17/2007 (605401)

80 11/07/2007 (629514)

81 12/05/2007 (610694)

82 12/17/2007 (629515)

83 12/19/2007 (612537)

84 01/02/2008 (629516)

85 01/22/2008 (614390)

86 01/29/2008 (616102)

87 02/07/2008 (676740)

88 02/20/2008 (618618)

89 02/25/2008 (636567)

90 03/11/2008 (676741)

91 04/08/2008 (676742)

92 04/21/2008 (653662)

93 05/01/2008 (654750)

94 05/05/2008 (695301)

95 06/03/2008 (681935)

96 06/03/2008 (695302)

97 06/20/2008 (683824)

98 07/08/2008 (695303)

99 07/15/2008 (686186)

100 07/30/2008 (687889)

101 08/05/2008 (716828)

102 08/22/2008 (686807)

103 08/29/2008 (700961)

104 08/29/2008 (701588)

105 09/02/2008 (701801)

106 09/11/2008 (702637)

107 10/17/2008 (705356)

108 10/21/2008 (705392)

109 10/30/2008 (706769)

110 12/04/2008 (708773)

111 01/07/2009 (722922)

112 01/14/2009 (721586)

E.

Written notices of violations (NOV). (CCEDS Inv. Track. No.)

Date: 05/24/2005 (393490)

CN600132104

Self Report? NO

Classificatio

Minor

Citation:

30 TAC Chapter 116, SubChapter B 116.115(c)Special Provision 15E PERMIT

Description: Failure to forward a copy of the test report within 30 days

Date: 09/01/2006 (462240)

CN600132104Self Report? NO

Classificatio

Moderate

Citation:

30 TAC Chapter 116, SubChapter B 116.110(a)Description:

Failure to control unauthorized emissions.

Date: 01/30/2008 (616102)


Classificatio

Moderate

Citation:

30 TAC Chapter 305, SubChapter F 305.125(1)TPDES WQ0001304000 OTHER REQUIREMENT 2 PERMIT

Description: Failure to route approximately 2,400,000 gallons of cooling tower water andfirewater to the Gulf Coast Waste Disposal Authority. The volume of water wasrouted instead to Monahans Draw via the 001 outfall. This event is an allegedviolation of TPDES Permit No. WQ0001304000, OTHER REQUIREMENTS, 2.

Self Report? NO

Classificatio

Minor

Citation:

30 TAC Chapter 305, SubChapter F 305.125(1)Description: Failure to comply with the Effluent Characteristics of Permit No. WQ0001304000

regarding Chemical Oxygen Demand (COD) and Oil and Grease (O&G). For singlegrab samples of COD, the permit limitation is 200 mg/L. COD results were 1350mg/L (January 18, 2008 sample) and 266 mg/L (January 19, 2008 sample). Forsingle grab samples of O&G, the permit limitation is 15 mg/L. O&G results were66.9 mg/L (January 18, 2008 sample) and 42.9 mg/L (January 19, 2008 sample).

Date: 03/31/2008 (676742)

CN600132104Self Report? YES

Classificatio

Moderate

Citation:

2D TWC Chapter 26, SubChapterA 26.121(a)30 TAC Chapter 305, SubChapter F 305.125(1)

Description: Failure to meet the limit for one or more permit parameter

Date: 05/01/2008 (654750)


Classificatio

Minor

Citation:

30 TAC Chapter 101, SubChapter F 101.201(a)(1)(B)5C THSC Chapter 382 382.085(b)

Description:

Failure to submit the initial notification for Emissions Event Incident #105158 within24-hours of discovery.

Date: 08/21/2008 (686807)


Classificatio

Moderate

Citation:

30 TAC Chapter 122, SubChapter B 122.145(2)(C)5C THSC Chapter 382 382.085(b)

Description:

Failure to submit the Title V deviation report for the report period that began on July1, 2007 and that ended on July 31, 2007 (Huntsman sold the plant to Flint HillsResources effective August 1, 2007) within 30 days of the end of the report period.

Self Report? NO

Classificatio

Moderate

Citation:

30 TAC Chapter 101, SubChapter A 101.2040 CFR Chapter 60, SubChapter C, PT 60, SubPT DDD 60.562-25C THSC Chapter 382 382.085(b)

Description:

Failure to conduct leak detection and repair monitoring pursuant to the

requirements of Title 40 Code of Federal Regulations Part 60 Subpart DDD. Thecomponents had been documented/monitored pursuant to the 28VHP programrequirements.

Self Report? NO

Classificatio

Minor

Citation:

30 TAC Chapter 116, SubChapter B 116.115(c)5C THSC Chapter 382 382.085(b)Permit No. 16963 SC 9.(E) PERMIT

Description:

Failure to prevent the use of open-ended lines in volatile organic compound servicein that portion of the site referred to as the Polypropylene Line 2.

Self Report? NO

Classificatio

Minor

Citation:

30 TAC Chapter 116, SubChapter B 116.115(c)5C THSC Chapter 382 382.085(b)Permit No. 7824A SC 15.(E) PERMIT

Description:

Failure to prevent the use of open-ended lines in volatile organic compound servicewithin that portion of the polyethylene plant that is authorized by Permit No. 7824A.

Self Report? NO

Classificatio

Moderate

Citation:

30 TAC Chapter 116, SubChapter B 116.115(c)5C THSC Chapter 382 382.085(b)Permit No. 18615 SC 7 PERMIT

Description:

Failure to include components that are in volatile organic compound service in theleak detection and repair program that is required by Permit No. 18615 SpecialCondition 7.

Self Report? NO

Classificatio

Moderate

Citation:

30 TAC Chapter 101, SubChapterA 101.2040 CFR Chapter 60, SubChapter C, PT 60, SubPT DDD 60.562-25C THSC Chapter 382 382.085(b)

Description:

Failure to document/monitor components in volatile organic compound service thatare in a closed system in Polypropylene Line 3 as required by Title 40 Code ofFederal Regulations Part 60 Subpart DDD.

Self Report? NO

Classificatio

Moderate

Citation:


Description:

Failure to include components in volatile organic compound service that areconnected to a control device in the leak detection and repair program that is isrequired by Permit No. 18615 Special Condition 7 for Polypropylene Line 3.

Self Report? NO

Classificatio

Moderate

Citation:


Description:

Failure to include listed components in light liquid service in the leak detection andrepair program required by Permit No. 18615 Special Condition 7.

Self Report? NO

Classificatio

Moderate

Citation:

30 TAC Chapter 116, SubChapter B 116.115(c)5C THSC Chapter 382 382.085(b)Permit No. 19123 SC 13.C.(1) PERMIT

Description:

Failure to inspect the vent identified as LL1516VN once per day for emissions.

Date: 10/15/2008

(705356)


Classificatio

Minor

Citation:

30 TAC Chapter 305, SubChapter F 305.125(1)Description:

Failure to route approximately 65,000 gallons of industrial cooling water to the GulfCoast Waste Disposal Authority for treatment and disposal as required by PermitNo.WQ0001304000.

Self Report? NO

Classificatio

Minor

Citation:

30 TAC Chapter 305, SubChapter F 305.125(1)Description:

Failure to comply with Permit No.WQ0001304000 daily maximum limits for COD ("inexcess of 300 mg/I") and O&G (50 mg/I) that were grab sampled on September 9,2008. The permit daily maximum limits are 200 mg/I COD an'd 15 mg/I O&G,respectively.

Date: 01/06/2009

(721586)


Classificatio

Moderate

Citation:

30 TAC Chapter 122, SubChapter B 122.145(2)(B)5C THSC Chapter 382 382.085(b)

Description:

Failure to submit the deviation report for the report period that began on

November 24, 2006 for a report period to no exceed 6 months. The stated reportperiod ended on July 31, 2007 which causes the report period to be 8 months 7days.

Self Report? NO

Classificatio

Moderate

Citation:

30 TAC Chapter 122, SubChapter B 122.145(2)(C)5C THSC Chapter 382 382.085(b)

Description:

Failure to submit the deviation report for the report period that began on May 24,2007 and that ended on July31, 2007 withing 30 days of the end of the reportperiod. The deviation report was mailed on September 28, 2007 which is 60 dayspast the end of the report period which is 30 days late.

Self Report? NO

Classificatio

Moderate

Citation:

30 TAC Chapter 116, SubChapter B 116.111(a)(2)(K)40 CFR Chapter 63, SubChapter C, PT 63, SubPT UU 63.1030(e)5C THSC Chapter 382 382.085(b)

Description: Failure to replace the blown rupture disk on a pressure relief valve for BBC Tank15A within 5 days after the pressure relief. The rupture disk was replaced 6 daysafter the pressure relief, or 1 day late.

F.

Environmental audits.

Notice of Intent Date:

11/09/2004

(347689)Disclosure Date:

12/20/2004

Viol. Classification:

MinorCitation:

30 TAC Chapter 319, SubChapter A 319.6

Description: QA/QC analyses not available

Viol. Classification:

MinorCitation:

30 TAC Chapter 319, SubChapter A 319.11

Description: MDL DOCUMENTATION NOT AVAILABLE

Notice of Intent Date: 06/14/2005 (398783)No DOV Associated



Notice of Intent Date:No DOV Associated

07/31/2007 (573576)


07/24/2008 (700504)


08/18/2008 (703365)

G. Type of environmental management systems (EMSs).

N/A

H. Voluntary on-site compliance assessment dates.

N/A

I. Participation in a voluntary pollution reduction program.

Type

Tier

Certification Date

CLEAN TEXAS PROGRAM

12/20/2004

J. Early compliance.

N/A

Sites Outside of Texas

N/A

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

IN THE MATTER OF AN

§

BEFORE THEENFORCEMENT ACTION

§CONCERNING

§HUNTSMAN POLYMERS

§

TEXAS COMMISSION ONCORPORATION N/K/A HUNTSMAN

§ADVANCED MATERIALS LLC

§RN101867554

§

ENVIRONMENTAL QUALITY

AGREED ORDERDOCKET NO. 2009-0152-AIR-E

I. JURISDICTION AND STIPULATIONS

At its agenda, the Texas Commission on Environmental Quality ("theCommission" or "TCEQ") considered this agreement of the parties, resolving an enforcement actionregarding Huntsman Polymers Corporation N/K/A Huntsman Advanced Materials LLC ("theRespondent") under the authority of TEX. HEALTH & SAFETY CODE ch. 382 and TEX. WATER CODE ch. 7.The Executive Director of the TCEQ, through the Enforcement Division, and the Respondent appearbefore the Commission and together stipulate that:

1. The Respondent owned and operated a polyethylene and polypropylene production plant at 2400South Grandview Avenue in Odessa, Ector County, Texas (the "Plant").

2. The Plant consists of one or more sources as defined in TEX. HEALTH & SAFETY CODE§ 382.003(12).

3. The Commission and the Respondent agree that the Commission has jurisdiction to enter thisAgreed Order, and that the Respondent is subject to the Commission's jurisdiction.

4. The Respondent received notice of the violations alleged in Section II ("Allegations") on or aboutJanuary 18, 2009.

5. The occurrence of any violation is in dispute and the entry of this Agreed Order shall notconstitute an admission by the Respondent of any violation alleged in Section II ("Allegations"),nor of any statute or rule.

Huntsman Polymers Corporation N/K/A Huntsman Advanced Materials LLCDOCKET NO. 2009-0152-AIR-EPage 2

6. An administrative penalty in the amount of Forty-Five Thousand Two Hundred Eight Dollars($45,208) is assessed by the Commission in settlement of the violations alleged in Section II("Allegations"). The Respondent has paid Eighteen Thousand Eighty-Four Dollars ($18,084) ofthe administrative penalty and Nine Thousand Forty-One Dollars ($9,041) is deferred contingentupon the Respondent's timely and satisfactory compliance with all the terms of this AgreedOrder. The deferred amount will be waived upon full compliance with the terms of this AgreedOrder. If the Respondent fails to timely and satisfactorily comply with all requirements of thisAgreed Order, the Executive Director may require the Respondent to pay all or part of thedeferred penalty. Eighteen Thousand Eighty-Three Dollars ($18,083) shall be conditionallyoffset by the Respondent's completion of a Supplemental Environmental Project ("SEP").

7.

Any notice and procedures, which might otherwise be authorized or required in this action, arewaived in the interest of a more timely resolution of the matter.

8.

The Executive Director of the TCEQ and the Respondent have agreed on a settlement of thematters alleged in this enforcement action, subject to the approval of the Commission.

9.

The Executive Director recognizes that the Respondent has implemented the following correctivemeasures at the Plant:

a. On February 4, 2008, submitted the Title V Permit Compliance Certification ("PCC") forthe November 24, 2006 to July 31, 2007 annual certification period;

b. On October 1, 2007, submitted a deviation report for the May 24, 2007 to July 31, 2007semi-annual deviation reporting period;

c. On February 4, 2008, submitted an amended deviation report for the November 24, 2006to May 23, 2007 and May 24, 2007 to July 31, 2007 semi-annual deviation reportingperiods, to include previously unreported deviations;

d. By April 1, 2007, monitored the 16,405 components subject to the LDAR program thatwere previously unidentified/unmonitored; and

e. Sold the Plant on August 1, 2007.

10. The Executive Director may, without further notice or hearing, refer this matter to the Office ofthe Attorney General of the State of Texas ("OAG") for. further enforcement proceedings if theExecutive Director determines that the Respondent has not complied with one or more of theterms or conditions in this Agreed Order.

11.

This Agreed Order shall terminate five years from its effective date or upon compliance with allthe terms and conditions set forth in this Agreed Order, whichever is later.

12. The provisions of this Agreed Order are deemed severable and, if a court of competentjurisdiction or other appropriate authority deems any provision of this Agreed Orderunenforceable, the remaining provisions shall be valid and enforceable.

Huntsman Polymers Corporation N/K/A Huntsman Advanced Materials LLCDOCKET NO.2009-0152-AIR-EPage 3

II. ALLEGATIONS

As previous owner and operator of the Plant, the Respondent is alleged to have:

1. Failed to submit the Title V PCC within 30 days after the end of the annual compliancecertification ("ACC") period; failed to submit the deviation report within 30 days after the end ofthe semi-annual deviation reporting period; and failed to include. all deviations in two deviationreports, in violation of 30 TEx. ADMIN. CODE §§ 122.145(2)(A) and (C) and 122.146(2), FederalOperating Permit No. 0-02150, General Terms and Conditions and TEx. HEALTH & SAFETYCODE § 382.085(b), as documented during an investigation conducted on October 16, 2008.Specifically, the PCC for the November 24, 2006 to July 31, 2007 ACC period (the Plant wassold effective August 1, 2007) was due on August 30, 2007, but was not submitted until February4, 2008. The deviation report for the November 24, 2006 to May 23, 2007 deviation reportingperiod was submitted within the required timeframe, but was incomplete. The deviation report forthe May 24, 2007 to July 31, 2007 deviation reporting period was due on August 30, 2007, butwas not submitted until October 1, 2007, and was incomplete. An amended deviation report wassubmitted on February 4, 2008 to include deviations which should have been submitted on theNovember 24, 2006 to May 23, 2007 and May 24, 2007 to July 31, 2007 deviation reports.

2. Failed to monitor 13,139 flanges/connectors, 3,116 valves, 11 pump seals, and 139 open-endedlines in volatile organic compounds ("VOC") service, which were not identified in the 28VHPleak detection and repair ("LDAR") program, in violation of 30 TEx. ADMIN. CODE § 116.115(c),New Source Review Permit No. 19123, Special Condition 6 and TEX. HEALTH & SAFETY CODE§ 382.085(b), as documented during an investigation conducted on October 16, 2008.

3. Failed to submit an annual report for calendar years 2004 and 2005 that summarizes allinspections during which detectable emissions are measured that could result in benzeneemissions if identified, including information about the repairs or corrective action taken, inviolation of 30 TEX. ADMIN. CODE § 101.20(2), 40 CODE OF FEDERAL REGULATIONS§ 61.357(d)(8) and TEX. HEALTH & SAFETY CODE § 382.085(b), as documented during aninvestigation conducted on October 16, 2008.

III. DENIALS

The Respondent generally denies each allegation in Section II ("Allegations").

IV. ORDERING PROVISIONS

1. It is, therefore, ordered by the TCEQ that the Respondent pay an administrative penalty as setforth in Section I, Paragraph 6 above. The payment of this administrative penalty and theRespondent's compliance with all the terms and conditions set forth in this Agreed Order resolveonly the allegations in Section II. The Commission shall not be constrained in any manner fromrequiring corrective action or penalties for violations which are not raised here. Administrativepenalty payments shall be made payable to "TCEQ" and shall be sent with the notation "Re:Huntsman Polymers Corporation N/K/A Huntsman Advanced Materials LLC, Docket No. 2009-0152-AIR-E" to:


Financial Administration Division, Revenues SectionAttention: Cashier's Office, MC 214Texas Commission on Environmental QualityP.O. Box 13088Austin, Texas 78711-3088

2.

The Respondent shall implement and complete a SEP in accordance with TEX. WATER CODE§ 7.067. As set forth in Section I, Paragraph 6 above, Eighteen Thousand Eighty-Three Dollars($18,083) of the assessed administrative penalty shall be offset with the condition that theRespondent implement the SEP defined in Attachment A, incorporated herein by reference. TheRespondent ' s obligation to pay the conditionally offset portion of the administrative penaltyassessed shall be discharged upon final completion of all provisions of the SEP agreement.

3.

The provisions of this Agreed Order'shall apply to and be binding upon the Respondent.

4. If the Respondent fails to comply with any of the Ordering Provisions in this Agreed Order withinthe prescribed schedules, and that failure is caused solely by an act of God, war, strike, riot, orother catastrophe, the Respondent's failure to comply is not a violation of this Agreed Order. TheRespondent shall have the burden of establishing to the Executive Director's satisfaction that suchan event has occurred. The Respondent shall notify the Executive Director within seven daysafter the Respondent becomes aware of a delaying event and shall take all reasonable measures tomitigate and minimize any delay.

5. The Executive Director may grant an extension of any deadline in this Agreed Order or in anyplan, report, or other document submitted pursuant to this Agreed Order, upon a written andsubstantiated showing of good cause. All requests for extensions by the Respondent shall bemade in writing to the Executive Director. Extensions are not effective until the Respondentreceives written approval from the Executive Director. The determination of what constitutesgood cause rests solely with the Executive Director.

6. This Agreed Order, issued by the Commission, shall not be admissible against the Respondent ina civil proceeding, unless the proceeding is brought by the OAG to: (1) enforce the terms of thisAgreed Order; or (2) pursue violations of a statute within the Commission's jurisdiction, or of arule adopted or an order or permit issued by the Commission under such a statute.

7. This Agreed Order may be executed in multiple counterparts, which together shall constitute asingle original instrument. Any executed signature page to this Agreed Order may be transmittedby facsimile transmission to the other parties, which shall constitute an original signature for allpurposes under this Agreed Order.

8. Under 30 TEx. ADMIN. CODE § 70.10(b), the effective date is the date of hand-delivery of theOrder to the Respondent, or three days after the date on which the Commission mails notice of theOrder to the Respondent, whichever is earlier. The Chief Clerk shall provide a copy of thisAgreed Order to each of the parties.


SIGNATURE PAGE

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

For the Commission

Date

I, the undersigned, have read and understand the attached Agreed Order. I am authorized to agree to theattached Agreed Order on behalf of the entity indicated below my signature, and I do agree to the termsand conditions specified therein. I further acknowledge that the TCEQ, in accepting payment for thepenalty amount, is materially relying on such representation.

I also understand that failure to comply with the Ordering Provisions, if any, in this order and/or failure totimely pay the penalty amount, may result in:• A negative impact on compliance history;• Greater scrutiny of any permit applications submitted;• Referral of this case to the Attorney General's Office for contempt, injunctive relief, additional

penalties, and/or attorney fees, or to a collection agency;• Increased penalties in any future enforcement actions;• Automatic referral to the Attorney General's Office of any future enforcement actions; and• TCEQ seeking other relief as authorized by law.In addition, any falsification of any compliance documents may result in criminal prosecution.

4/0 7Signa =

Date

G' Z^ e ! "` a ) e-i

P.Name (Printed or typed)

TitleAuthorized Representative ofHuntsman Polymers Corporation N/K/A Huntsman Advanced Materials LLC

Instructions: Send the original, signed Agreed Order with penalty payment to the Financial Administration Division, RevenuesSection at the address in Section IV, Paragraph 1 of this Agreed Order.

Attachment ADocket Number: 2009-0152-AIR-E

SUPPLEMENTAL ENVIRONMENTAL PROJECT

Respondent:

Penalty Amount:

SEP Offset Amount:

Type of SEP:

Third-Party Recipient:

Location of SEP:

Huntsman Polymers Corporation N/K/A Huntsman AdvancedMaterials LLC

Thirty-Six Thousand One Hundred Sixty-Seven Dollars($36,167)

Eighteen Thousand Eighty-Three Dollars ($18,083)

Pre-approved

Keep Odessa Beautiful, Inc.

Ector County

The Texas Commission on Environmental Quality ("TCEQ") agrees to offset a portion of the administrativePenalty Amount assessed in this Agreed Order for the Respondent to contribute to a SupplementalEnvironmental Project ("SEP"). The offset is equal to the SEP Offset Amount set forth above and isconditioned upon completion of the project in accordance with the terms of this Attachment A.

1.

Project Description

A. Project

The Respondent shall contribute the SEP Offset Amount to the Third-Party Recipient named above. Thecontribution will be to Keep Odessa Beautiful, Inc. for the Household Hazardous Waste, Tire Collection, andRecycling program as set forth in an agreement between the Third-Party Recipient and the TCEQ. Specifically,the contribution will be used to provide citizens and schools with a safe and convenient opportunity to properlydispose of harmful chemicals and prevent illegal dumping of harmful wastes or tires. The following types ofmaterials will be accepted: batteries, oil and oil filters, paints, household and/or school chemicals, and usedtires. The items collected in these events will be either reused or properly disposed. Citizens may "reuse"unused portions of properly labelled and handled chemical products through the reusable materials exchange.All dollars contributed will be used solely for the direct cost of the project and no portion will be spent onadministrative costs. The SEP will be done in accordance with all federal, state and local environmental lawsand regulations.

The Respondent certifies that it has no prior commitment to make this contribution and that it is being donesolely in an effort to settle this enforcement action.

B. Environmental Benefit

This SEP will provide a discernible environmental benefit by reducing the amount of materials entering theenvironment, prevent pollution, promote recycling of reusable materials, and educate citizens about theharmful effects of illegal dumping.

Huntsman Polymers Corporation N/K/A Huntsman Advanced Materials LLCAgreed Order Docket No. 2009-0152-AIR-E = Attachment A

C.

Minimum Expenditure

shall contribute at least the SEP Offset Amount to the Third-P

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withall other provisions of this SEP.

2. Performance Schedule

Within 30 days after the effective date of this Agreed Order, the Respondent must contribute the SEP OffsetAmount to the Third-Party Recipient. The Respondent shall mail a copy of the Agreed Order with thecontribution to:

Keep Odessa BeautifulCourtney Graves, Executive DirectorP.O. Box 14156Odessa, Texas 79768

3. Records and Reporting

Concurrent with the payment of the SEP Offset Amount, the Respondent shall provide the TCEQ SEPCoordinator with a copy of the check and transmittal letter indicating full payment of the SEP Offset Amountto the Third-Party Recipient. The Respondent shall mail a copy of the check and transmittal letter to:

Enforcement DivisionAttention: SEP Coordinator, MC 219Texas Commission on Environmental QualityP.O. Box 13087Austin, Texas 78711-3087

4. Failure to Fully Perform

If the Respondent does not perform its obligations under this SEP in any way, including full expenditure of theSEP Offset Amount and submittal of the required reporting described in Section 3 above, the ExecutiveDirector may require immediate payment of all or part of the SEP Offset Amount.

In the event of incomplete performance, the Respondent shall include on the check the docket number of thisAgreed Order and a note that it is for reimbursement of a SEP. The Respondent shall make the payment forthe amount due to "Texas Commission on Environmental Quality" and mail it to:

Litigation DivisionAttention: SEP Coordinator, MC 175Texas Commission on Environmental QualityP.O. Box 13087Austin, Texas 78711-3087

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5.Publicity

Any public statements concerning this SEP made by or on behalf of the Respondent must include a clearstatement that the project was performed as part of the settlement of an enforcement action brought by theTCEQ. Such statements include advertising, public relations, and press releases.

6.Clean Texas Program

The Respondent shall not include this SEP in any application made to TCEQ under the "Clean Texas" (or anysuccessor) program(s). Similarly, the Respondent may not seek recognition for this contribution in any otherstate or federal regulatory program.

7.Other SEPs by TCEQ or Other Agencies

The SEP identified in this Agreed Order has not been, and shall not be, included as a SEP for the Respondentunder any other Agreed Order negotiated with the TCEQ or any other agency of the state or federalgovernment.

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RESPONDENT NAME: Huntsman Polymers Corporation N/KIA ...€¦ · 6/26/2009 · materials will be...

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