Document 82n5V7vBXvz7LvgdogLypzO6B

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270 January 23, 2023 Stephen Sumerlin Interim Plant Manager Reserve Plant Evonik Corporation 474 West 19th Street Reserve, Louisiana 70084 Re: Clean Air Act Notification of Violation and Opportunity to Confer Dear Mr. Sumerlin: The United States Environmental Protection Agency, Region 6 ("EPA") has identified Evonik Corporation ("Evonik") as having violated the Clean Air Act ("CAA"). This Notice of Violation and Opportunity to Confer ("Notice") is issued to Evonik for violations of the CAA, 42 U.S.C. 7401, et seq., and violations of Title 33, Part III of the Louisiana Administrative Code ("L.A.C.") at its Reserve Plant facility in Reserve, Louisiana ("Facility"). Based on information currently available, EPA finds that Evonik1 has committed a violation of the CAA and the conditions of Louisiana's federally-approved State Implementation Plan ("SIP") as incorporated into the Facility's minor source State Permit (2580-00023-09). By this letter, EPA is extending to you an opportunity to advise the Agency, via a conference call or in writing, of any further information EPA should consider with respect to the alleged violations. This Notice is issued pursuant to Section 113(a)(1) of the CAA, 42 U.S.C. 7413(a)(1), which requires the Administrator of the EPA to notify any person in violation of a SIP or permit of the violation(s), and serves as the finding and notice required by this Section. The authority to issue this Notice has been delegated to the Director of the Enforcement and Compliance Assurance Division, EPA Region 6. 1 Please be advised that some companies may qualify as a "small business" under the Small Business Regulatory Enforcement and Fairness Act ("SBREFA"). The U.S. Small Business Administration has established a Table of Small Business Size Standards, which can be found at: http://www.sba.gov/sites/default/files/Size_Standards_Table.pdf. The SBREFA Information Sheet provides information on compliance assistance to entities that may qualify as small businesses as well as to inform them of their right to comment to the SBREFA Ombudsman concerning EPA enforcement activities. The SBREFA Information Sheet can be found at: http://nepis.epa.gov/Exe/ZyPDF.cgi/P100BYAV.PDF?Dockey=P100BYAV.PDF. EPA Notice of Violation Page 2 CAA Violations We are sending this letter to inform Evonik of the following alleged violations at Evonik's Facility: 1. Unauthorized emissions of ethylene oxide during 2022 in violation of requirements under L.A.C. 33:III.501.C.2 and the Facility's State Permit; and, 2. Unauthorized emissions of fugitive ethylene glycol during 2022 in violation of requirements under L.A.C. 33:III.501.C.2 and the Facility's State Permit. Please review the specific violations and information we have provided in the Enclosure. Opportunity to Confer This Notice provides you with the opportunity to confer with EPA. We request Evonik contact Lindsay Rich Steinmetz, Assistant Regional Counsel, at RichSteinmetz.Lindsay@epa.gov or 214-665-7525 within ten (10) business days to discuss this pending matter. Sincerely, Digitally signed by Seager, Cheryl Date: 2023.01.23 12:31:11 -06'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosure ec: Angela Marse, LDEQ (angela.marse@la.gov) Enclosure Evonik Corporation Notification of Violation and Opportunity to Confer Type of Violation Unauthorized emissions Unauthorized emissions CAA/LAC 40 C.F.R. 63.6(e)(1)(i) L.A.C. 33:III.501.C.2 40 C.F.R. 63.6(e)(1)(i) L.A.C. 33:III.501.C.2 Pollutant Ethylene Oxide Ethylene Glycol Source V-R122 Vent Scrubber Entire Facility Period 2022 Quantity (tpy) Permitted Emitted Exceedance 1.22 2.21 0.99 2022 <0.01 1.98 1.97