ORDERS:
CONSENT ORDER OF DISMISSAL WITH PREJUDICE
COME NOW counsel for Petitioner Para-Chem Southern Incorporated (Para-Chem), Respondent South Carolina Department of Health and Environmental Control
(DHEC), and intervenor BBA Nonwovens Simpsonville, Inc. (BBA), and announce to the
Court that this matter may be dismissed with prejudice. In settling this matter, the
parties have agreed to the following:
1.By January 1, 2005, Para-Chem shall ensure that the thermal oxidizer
permitted pursuant to Permit No. 1200-0099-CS as modified in Permit No. 1200-0099-CS-R1 is operating in accordance with the applicable manufacturer's specifications.
Para-Chem shall prepare a timetable of key milestones for the thermal oxidizer
construction process, including but not limited to resolution of permitting issues, ordering
and receiving equipment, and beginning, conducting and completing field installation,
and submit this timetable to DHEC and BBA by June 15, 2004. After January 1, 2005,
but before November 10, 2005, Para-Chem shall prepare a list of critical thermal
oxidizer parts, provide such list to DHEC and BBA, and purchase such parts.
2.From January 1, 2005 through January 10, 2006, the current scrubber
system shall be used only during periods of start-up, shutdown or malfunction of the
thermal oxidizer. Further, the scrubber system shall not be in operation for more than a
total of nine weeks during the period of January 1, 2005 through November 10, 2005.
3.Condition 29-R1 of Permit No. 1200-0099-CS-R1 shall be modified to state
as follows:
As of January 1, 2005 and through January 10, 2006, the existing packed
bed scrubber system (with all three columns operating) for the polymer
division shall serve as a backup control device to the thermal oxidizer.
The scrubber shall be in operation only during periods of start-up,
shutdown, or malfunction (SSM) of the thermal oxidizer. The scrubber
system shall not be in operation for more than a total of nine[?] weeks
during the period of January 1, 2005 through January 10, 2006. Para-Chem shall maintain a log (written or electronic (i.e., computerized data
system)) of any periods of start-up, shutdown, and malfunction of the
thermal oxidizer which result in the use of the scrubber. This log shall
contain the time, date and description of each SSM, along with the
duration of the thermal oxidizer outage and the duration of the time the
scrubber is in operation. For malfunction events, the log shall include the
corrective actions taken to return the oxidizer to proper operations as well
as steps implemented to prevent a recurrence of the malfunction.
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control and monitoring equipment,
process equipment, or a process to operate in a normal or usual manner.
Failures that are caused in part by poor maintenance or careless operation
are not malfunctions. These records shall be kept on site for a period of
five (5) years and made accessible to DHEC upon request. Semiannual
reports of SSMs shall be submitted to the Manager of the Technical
Management Section, Bureau of Air Quality, no later than 30 days after the
reporting period. If no incidences occur during the reporting period submit
a letter.
Additionally, Para-Chem shall meet and maintain a 95% air pollutant
removal efficiency after January 1, 2005 and it shall meet and, as of
November 10, 2005, comply with the Maximum Available Control
Technology (MACT) standards for the Miscellaneous Organic Chemical
Manufacturing and Miscellaneous Coating Manufacturing Facilities,
including the 98% air pollutant removal efficiency required by such MACT.
4.After January 10, 2006, the scrubber system in its current form can no
longer be used as a backup control device to the thermal oxidizer. After periodic
evaluation of the thermal oxidizer performance and consultation with BBA, Para-Chem
will either upgrade the scrubber system to meet MACT standards listed in Paragraph 3
or remove the scrubber system and construct an alternative backup control device after
proper permitting by DHEC. If Para-Chem chooses to construct an alternative backup
control device, then the January 10, 2006, deadline set forth in this Paragraph shall be
subject to the provisions of Paragraph 7 of this Consent Order.
5.On or before June 15, 2004, Para-Chem shall conduct a good-faith review
and revision of its operation plan for the scrubber system to identify any areas where
the operations plan can be reasonably modified for improvement and, on or before June
30, 2004, provide such review and revised plan to DHEC and BBA. In conducting this
review and revision, Para-Chem shall include monitoring, personnel training, and record
keeping in the items being reviewed and revised to ensure that the scrubber system is
functioning properly.
6.From the date of execution of this Consent Order until January 10, 2006,
Para-Chem shall provide BBA with quarterly updates as to progress with getting the
thermal oxidizer in operation and, if Para-Chem chooses to construct an alternative
backup control device, progress with permitting and construction of such backup control
device. The quarterly updates shall include written updates and quarterly meetings with
BBA's environmental manager and non-legal representatives. If Para-Chem chooses to
construct an alternative backup control device, then the January 10, 2006, deadline set
forth in this Paragraph shall be subject to the provisions of Paragraph 7 of this Consent
Order.
7.Where any activity set forth in this Consent Order requires a DHEC permit
or approval, Para-Chem shall submit a timely and complete application for such permit
or request for such approval and take all other actions necessary to obtain such permit
or approval. For any activity subject to a deadline referred to in this Consent Order that
requires a permit or approval by DHEC, DHEC shall notify Para-Chem of the
completeness status of Para-Chem's application for such permit or approval with
fourteen days of receipt of Para-Chem's application. DHEC shall review and make a
decision on such application for a permit or request for approval in accordance with the
applicable provisions of R.61-30.H.2(c). The granting of such permit or approval shall
not be unreasonably withheld by DHEC. Should DHEC exceed any or the timeframes
set forth in this Paragraph, the relevant deadline referred to in this Consent Order shall
be extended by the same period of time by which DHEC exceeded the above-stated
timeframes.
8.Any party may move to enforce the terms of this agreement by seeking
from an Administrative Law Judge of the South Carolina Administrative Law Court an
order for contempt of court, injunctive relief, and/or such otherremedial writs or
reliefprovided by law.
IT IS HEREBY ORDERED that the Petition For Administrative Review be, and
the same is hereby, dismissed with prejudice.
________________________________
Ralph King Anderson, III
Administrative Law Judge
May 17, 2004
Columbia, South Carolina |
