Document b5Qm6onDp2GNGEkBRdbn8d46Z

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TX 75270 February 9, 2021 Mr. Jerold Lebold BASF Corporation - Geismar Site P.O. Box 457 Geismar, LA 70734-0457 Sent via email: Jerry.Lebold@basf.com Re: Notice of Violation and Opportunity to Confer Dear Mr. Lebold: The United States Environmental Protection Agency ("EPA") has identified BASF Corporation ("BASF") as having violated the Clean Air Act ("CAA"), 42 U.S.C. 7401 et seq., and the regulations promulgated thereunder. This Notice of Violation and Opportunity to Confer ("NOVOC") is issued to BASF1 for violations of the CAA at its Geismar Site located at 8404 River Road, Geismar, LA 70734 ("the Facility"). Based on information currently available, EPA finds that BASF has committed a violation of the CAA and the Louisiana State Implementation Plan ("SIP"). 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 violation. The NOVOC is issued pursuant to Section 113(a)(1) of the CAA, 42 U.S.C. 7413(a)(1), which requires the Administrator of 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 NOVOC has been delegated to the Director of the Enforcement and Compliance Assurance Division, EPA Region 6. On September 22, 2020, EPA emailed BASF a letter regarding our Emission Inventory Permit Consistency Review, in which we reviewed the Facility's emission inventory for criteria pollutant and hazardous air pollutant (HAP) emission totals for calendar year 2018, as reported to the Louisiana Department of Environmental Quality ("LDEQ"). As noted in our letter, the Facility's reported annual emission totals exceeded its permit authorization limits. 1 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. BASF Corporation Notice of Violation and Opportunity to Confer BASF responded via email dated October 2, 2020 and provided further information regarding the annual emission total. CAA Violation We are sending this letter to inform BASF of a violation of Louisiana's federally approved SIP at the Facility. LAC 33:III.919.B.1 of the Louisiana SIP, approved at 76 Fed. Reg. 38,977 (July 5, 2011), requires that BASF submit an Annual Emissions Statement to LDEQ consisting of an inventory of the Facility's actual emissions and the permitted emissions limits of volatile organic compounds (VOCs), nitrous oxides (NOX), carbon monoxide (CO), sulfur dioxide (SO2), lead (Pb), particulate matter of 10 microns or less (PM10) and 2.5 microns or less (PM2.5), and ammonia. Actual emissions must be reported for all sources of emissions at the Facility, including fugitive emissions, flash gas emissions, insignificant sources, and excess emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime. Based on its review, EPA finds that BASF violated LAC 33: III.919.B.1 of the Louisiana SIP by failing to report the Facility's actual emissions in the annual emissions inventory for NOx for reporting year 2018. Opportunity to Confer This NOVOC provides you with the opportunity to confer with EPA. We request BASF contact Carlos Zequeira, Assistant Regional Counsel, Zequeira.C@epa.gov, (214) 665-8053, within ten (10) business days of receipt of this NOVOC to discuss an administrative path for quick resolution. EPA acknowledges that the COVID-19 pandemic may impact your business. If that is the case, please contact us regarding any specific issues you need to discuss. Sincerely, Digitally signed by CHERYL SEAGER DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=CHERYL SEAGER, 0.9.2342.19200300.100.1.1=68001003651793 Date: 2021.02.09 09:19:18 -06'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division ec: Celena Cage, LDEQ (Celena.Cage@la.gov)