IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF OHIO

UNITED STATES OF AMERICA, )

)

Plaintiff, )

) Civil Action No.

v. )

)

INEOS USA LLC, )

)

Defendant. )

__________________________________________)

COMPLAINT

The United States of America, by the authority of the Attorney General and through the

undersigned attorneys, acting at the request and on the behalf of the Administrator of the United

States Environmental Protection Agency (“EPA”), files this complaint and alleges as follows:

NATURE OF ACTION

1. This is a civil action against INEOS USA LLC (“INEOS” or “Defendant”) for

civil penalties and injunctive relief as a result of violations of the following statutes, regulations,

and permits: (1) the Clean Air Act, as amended, (“CAA”), 42 U.S.C. §§ 7401 et seq., including

the National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for Source

Categories (40 C.F.R. Part 63, Subparts F, G, H, and JJJ), the federally-approved and enforceable

Ohio State Implementation Plan (“Ohio SIP”), Defendant’s Permit-to-Install (“PTI”) Numbered

03-9227, and Defendant’s Title V Permit No. 03-02-02-0015; (2) the Comprehensive

Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. §§ 9601 et

seq.; and (3) the Emergency Planning and Community Right-To-Know Act (“EPCRA”),

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42 U.S.C. §§ 11001 et seq. This action is based on violations that occurred and are occurring at

INEOS’s chemical manufacturing plant in Lima, Allen County, Ohio (the “Facility”).

JURISDICTION AND VENUE

2. This Court has jurisdiction over the subject matter pursuant to 28 U.S.C. §§ 1331,

1345, and 1355; Section 113(b) of the CAA, 42 U.S.C. § 7413(b); Sections 109(c) and 113(b) of

CERCLA, 42 U.S.C. §§ 9609(c) and 9613(b); and Section 325(b)(3) and (c)(4) of EPCRA, 42

U.S.C. § 11045(b)(3) and (c)(4). This Court has personal jurisdiction over Defendant, which

does business in the State of Ohio and this District, pursuant to Section 113(b) of the CAA, 42

U.S.C. § 7413(b).

3. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391 and 1395;

Section 113(b) of the CAA, 42 U.S.C. 7413(b); Section 109(c) and 113(b) of CERCLA, 42

U.S.C. §§ 9609(c) and 9613(b); and Section 325(b)(3) and (c)(4) of EPCRA, 42 U.S.C.

§ 11045(b)(3) and (c)(4) because the alleged violations in this Complaint occurred at a Facility

located in this District and INEOS resides in this District.

NOTICE

4. Pursuant to Section 113(a)(1) of the CAA, 42 U.S.C. § 7413(a)(1), notice of the

violations of the Ohio SIP that are alleged in this complaint has been given to the State of Ohio

and to Defendant at least 30 days prior to the filing of this complaint.

5. Pursuant to Section 113(b) of the CAA, 42 U.S.C. § 7413(b), notice of the

commencement of this action has been given to the appropriate state air pollution control agency

in the State of Ohio.

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AUTHORITY

6. The United States Department of Justice has authority to bring this action on

behalf of the Administrator of U.S. EPA under 28 U.S.C. §§ 516 and 519 and Section 305(a) of

the CAA, 42 U.S.C. § 7605(a).

DEFENDANT

7. INEOS is incorporated in the State of Delaware.

8. INEOS is registered to do business in the State of Ohio.

9. INEOS owns and operates a chemical manufacturing plant located at 1900 Fort

Amanda Road, Lima, Ohio 45804 (“Facility”).

10. BP Amoco Chemical Company (“BP”) owned the Facility from January 1, 2004,

until December 6, 2004. From December 6, 2004, until December 16, 2005, various subsidiaries

of BP owned the Facility, the last of which was named Innovene USA LLC. On December 16,

2005, the INEOS Group Limited purchased Innovene USA LLC from BP and agreed to assume

all environmental liabilities of relevance to this Complaint. On June 16, 2006, the INEOS Group

Limited changed the name “Innovene USA LLC” to “INEOS USA, LLC.” INEOS USA, LLC is

a subsidiary of INEOS Group Limited. 

11. INEOS is a “person” within the meaning of Sections 113(b) and 302(e) of the

CAA, 42 U.S.C. §§ 7413(b) and 7602(e); Section 103(a) of CERCLA, 42 U.S.C. § 9603(a); and

Section 329(7) of EPCRA, 42 U.S.C. § 11049(7).

12. INEOS is an “owner or operator” of the Facility within the meaning of

Sections 304(a) and (b) of EPCRA, 42 U.S.C. §§ 11004(a), (b).

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STATUTORY AND REGULATORY BACKGROUND

I. CLEAN AIR ACT

13. The Clean Air Act establishes a regulatory scheme designed to protect and

enhance the quality of the nation’s air so as to promote the public health and welfare and the

productive capacity of its population. 42 U.S.C. § 7401(b)(1).

A. National Emission Standards for Hazardous Air Pollutants

1. General Provisions

14. Under Section 112(b) of the CAA, 42 U.S.C. § 7412(b), Congress established a

list of 188 hazardous air pollutants (“HAPs”) believed to cause adverse health or environmental

effects.

15. Under Section 112(c) of the CAA, 42 U.S.C. § 7412(c), Congress directed

U.S. EPA to publish a list of all categories and subcategories of, inter alia, major sources of

HAPs.

16. “Major source” is defined as any stationary source or group of stationary sources

located within a contiguous area and under common control that emits or has the potential to

emit considering controls, in the aggregate, 10 tons per year or more of any HAP or 25 tons per

year or more of any combination of HAPs. 42 U.S.C. § 7412(a)(1).

17. “Stationary source” is defined as any building, structure, facility, or installation

which emits or may emit any air pollutant. 42 U.S.C. § 7412(a)(3) (stating that “stationary

source” under Section 112(a) has the same meaning as that term has under Section 111(a) of the

CAA, 42 U.S.C. § 7411(a)(3)).

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18. A “category” of sources is a group of sources having some common features

suggesting that they should be regulated in the same way and on the same schedule. 

57 F.R. 31576, 31578 (July 16, 1992). A single stationary source can be comprised of multiple

source categories. Id.

19. Under Section 112(d)(1) of the CAA, 42 U.S.C. § 7412(d)(1), Congress directed

U.S. EPA to promulgate regulations establishing emission standards for each category or

subcategory of, inter alia, major sources of HAPs listed under Section 112(c). These emission

standards must require the maximum degree of reduction in emissions of HAPs that the

Administrator, taking into consideration the cost of achieving such emission reduction, and any

non-air quality health and environmental impacts and energy requirements, determines is

achievable for the new or existing sources in the category or subcategory to which the emission

standard applies. 42 U.S.C. § 7412(d)(2).

20. Under Section 112(h) of the CAA, 42 U.S.C. § 7412(h), to the extent that it is not

feasible to prescribe or enforce an emission standard for control of a HAP, Congress authorized

U.S. EPA to promulgate “design, equipment, work practice, or operational” standards, which are

to be treated as emission standards.

21. The emission standards under Section 112 of the CAA, 42 U.S.C. § 7412, are

known as the National Emission Standards for Hazardous Air Pollutants (“NESHAPs”) for

Source Categories or “MACT” (“maximum achievable control technology”) standards. These

emission standards are found in Part 63 of Title 40 of the Code of Federal Regulations.

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22. After the effective date of any emission standard, limitation or regulation

promulgated pursuant to Section 112 of the CAA, no person may operate such source in violation

of such standard, limitation, or regulation. 42 U.S.C. § 7412(i)(3).

2. National Emission Standards for Organic Hazardous Air Pollutants (the “HON”)

23. Pursuant to Section 112(c) of the CAA, 42 U.S.C. § 7412(c), U.S. EPA identified

synthetic organic chemical manufacturing as a source category of HAPs. 57 F.R. 31576, 31591

(Table 1) (July 16, 1992). This source category generally is referred to as “SOCMI” (“Synthetic

Organic Chemical Manufacturing Industry”).

24. Pursuant to Section 112(d) of the CAA, 42 U.S.C. § 7412(d), U.S. EPA

promulgated the National Emission Standards for Organic Hazardous Air Pollutants from the

Synthetic Organic Chemical Manufacturing Industry. 59 F.R. 19402 (April 22, 1994). These

standards commonly are referred to as the “Hazardous Organic NESHAP” or “HON.”

25. The HON consists of four subparts in Part 63 of Title 40 of the Code of Federal

Regulations: Subparts F, G, H, and I. Id. at 19405. Of relevance to this Complaint are

Subparts F, G, and H.

26. Subpart F, in general, provides the applicability criteria for SOCMI sources,

requires that owners and operators of SOCMI sources comply with Subparts G and H, and

specifies general recordkeeping and reporting requirements. Id. Subpart G generally sets forth

regulations governing process vents, storage vessels, transfer racks, and wastewater streams at

SOCMI sources. Id. Subpart H, in turn, generally sets forth work practice standards relating to

equipment leaks. Id. 

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a. Subpart F

27. The requirements of Subpart F apply to chemical manufacturing process units

that: (1) manufacture as a primary product tetrahydrobenzaldehyde, crotonaldehyde, or one or

more of the chemicals listed in Table 1 of Subpart F; (2) use as a reactant or manufacture as a

product, or co-product, one or more of the organic HAPs listed in Table 2 of Subpart F; and

(3) are located at a plant site that is a major source as defined in Section 112(a) of the CAA. 

40 C.F.R. § 63.100(b).

28. A “chemical manufacturing process unit” is defined, inter alia, as the equipment

assembled and connected by pipes or ducts to process raw materials and to manufacture an

intended product. 40 C.F.R. § 63.101(b).

29. Table 1 of Subpart F lists approximately 385 chemicals which constitute SOCMI

products that may be produced by a HAP-emitting process. 40 C.F.R. Subpart F, Table 1; 59

Fed. Reg. 19402, 19405 (1994). Each chemical in Table 1 has a specific “Group Number”

associated with it, ranging from Group I to Group V. The Group Number in Table 1 corresponds

to the timing of the applicability of certain provisions of the HON.

30. Table 2 of Subpart F lists approximately 130 organic HAPs. 40 C.F.R. Subpart F,

Table 2.

31. Owners and operators of sources that are subject to Subpart F are required to

comply with Subparts G and H. 40 C.F.R. § 63.102(a).

b. Subpart G: Process Vents

32. Subpart G applies, inter alia, to all process vents within a source that is itself

subject to Subpart F. 40 C.F.R. § 63.110.

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33. A “process vent” is defined as the point of discharge to the atmosphere (or the

point of entry into a control device, if any) of a gas stream if the gas stream has certain

characteristics specified in 40 C.F.R. § 63.107(b) - (h), or meets certain criteria specified in 40

C.F.R. § 63.107(i). 40 C.F.R. § 63.101(b). 

34. Subpart G divides process vents into two groups and has different standards

depending upon the group designation.

35. A “Group 1 process vent” is defined as a process vent for which the vent stream

flow rate is greater than or equal to 0.005 standard cubic meter per minute, the total organic HAP

concentration is greater than or equal to 50 parts per million by volume (“ppmv”), and the total

resource effectiveness (“TRE”) index value, calculated according to 40 C.F.R. § 63.115, is less

than or equal to 1.0. 40 C.F.R. § 63.111.

36. A “Group 2 process vent” is defined as a process vent for which the vent stream

flow rate is less than 0.005 standard cubic meter per minute, the total organic HAP concentration

is less than 50 ppmv, or the TRE index value, calculated according to 40 C.F.R. § 63.115, is

greater than 1.0.

37. The “TRE index value” is defined in relevant part as a measure of the

supplemental total resource requirement per unit reduction of organic HAP associated with a

process vent stream, based on vent stream flow rate, emission rate of organic HAP, net heating

value, and corrosion properties.

38. The methods and procedures for making a process vent “group” determination are

set forth in 40 C.F.R. § 63.115.

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39. An owner or operator of a Group 1 process vent must comply with one of three

control requirements: (1) reduce emissions of organic HAP using a flare; (2) reduce emissions of

total organic HAP by 98 weight-percent or to a concentration of 20 ppmv, whichever is less

stringent; or (3) achieve and maintain a TRE index value greater than 1.0 at the outlet of the final

recovery device, or prior to release of the vent stream to the atmosphere if no recovery device is

present. 40 C.F.R. §§ 63.113(a)(1) - (3).

40. An owner or operator of a process vent that elects to comply with either 40 C.F.R.

§ 63.113(a)(1) or 40 C.F.R. § 63.113(a)(2) is not required to perform the group determination in

40 C.F.R. § 63.115. 40 C.F.R. § 63.113(h).

41. The provisions of Subpart G apply at all times except during periods of start-up or

shutdown (as defined in § 40 C.F.R. § 63.101), malfunction, or non-operation of the chemical

manufacturing process unit (or specific portion thereof) resulting in cessation of the emission to

which Subpart G applies. 40 C.F.R. § 63.102(a)(1).

42. With certain exceptions not applicable here, owners and operators of existing

sources were required to be in compliance with the applicable provisions of Subpart G by no

later than April 22, 1997. 40 C.F.R. § 63.100(k)(2)(i). 

c. Subpart H – Equipment Leaks

i. General

43. Subpart H sets forth work practice standards and testing and recordkeeping

requirements to ensure that any leaks of organic HAPs from equipment are timely detected and

repaired. The provisions in Subpart H commonly are referred to as “Leak Detection and Repair”

provisions, or “LDAR” for short.

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44. The “equipment” to which Subpart H applies includes pumps, compressors,

agitators, pressure relief devices, sampling connection systems, open-ended valves or lines,

valves, connectors, surge control vessels, bottoms receivers, instrumentation systems, and control

devices or closed-vent systems required by Subpart H that are intended to operate in organic

HAP service 300 hours or more during the calendar year within a source subject to the provisions

of a specific Subpart in 40 C.F.R. Part 63 that references Subpart H. 40 C.F.R. § 63.160.

45. “In organic HAP service” means that a piece of equipment either contains or

contacts a fluid (liquid or gas) that is at least 5% by weight of total organic HAPs. 40 C.F.R.

§ 63.161.

46. Each piece of equipment in a process unit to which Subpart H applies is required

to be identified such that it can be distinguished readily from equipment that is not subject to

Subpart H. 40 C.F.R. § 63.162(c).

47. With certain exceptions not applicable here, existing sources that manufactured a

Group I chemical were required to be in compliance with Subpart H no later than October 24,

1994. 40 C.F.R. § 63.100(k)(3)(i).

ii. Monitoring Method Relevant to this Action

48. Subpart H generally requires owners and operators to monitor equipment for

leaks. With certain alternatives and exceptions not relevant here, an owner or operator subject to

Subpart H is required to monitor valves in gas/vapor and light liquid service (“valves”), and

connectors in gas/vapor and light liquid service (“connectors”) by the method specified in 40

C.F.R. § 63.180(b). 40 C.F.R. §§ 63.168(b)(1); 63.174(a)(1).

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49. 40 C.F.R. § 63.180(b)(1), in turn, requires each owner or operator to comply with

the monitoring procedures and requirements of Method 21 at 40 C.F.R. Part 60, Appendix A.

50. Method 21, at 40 C.F.R. Part 60, Appendix A-7, Meth. 21, Section 8.3.1, requires

the owner or operator of an affected source to do as follows:

Place the probe inlet [of the portable instrument that is capable of detecting

emissions from equipment] at the surface of the component interface where

leakage could occur. Move the probe along the interface periphery while

observing the instrument readout. If an increased meter reading is observed,

slowly sample the interface where leakage is indicated until the maximum meter

reading is obtained. Leave the probe inlet at this maximum reading location for

approximately two times the instrument response time. If the maximum observed

meter reading is greater than the leak definition in the applicable regulation,

record and report the results [as a leaking component].

iii. Valve Standards Relevant to this Action

51. With certain alternatives and exceptions not relevant here, the monitoring

frequency and definition of a “leak” for valves were instituted in three “phases”: Phase I

commenced on the first date that the source was required to be in compliance (the “compliance

date”); Phase II commenced no later than one year after the compliance date; and Phase III

commenced no later than two and one-half years after the compliance date. 40 C.F.R.

§ 63.168(A)(1)(i).

52. The Facility has been subject to the Phase III requirements at all times relevant to

this Complaint.

53. In Phase III, the owner or operator of a source subject to Subpart H is required to

monitor valves at the intervals specified in 40 C.F.R. §§ 63.168(d)(1) - (4). These intervals vary

from once a month to once every four quarters depending upon the historic leak rate of the valves

in the process unit that is being monitored. Id. Of relevance here, the valves in a process unit

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that have a rolling average valve leak rate of less than 2% but greater than or equal to 1% are

required to be monitored once each quarter. 40 C.F.R. §§ 63.168(d)(2),(3).

54. When a leaking valve is detected, a first attempt at repair is required to be made

no later than 5 calendar days after a leak is detected. 40 C.F.R. § 63.168(f)(2).

iv. Standards for Open-Ended Valves or Lines Relevant to this Action

55. An “open-ended valve or line” is defined as any valve, except pressure relief

valves, having one side of the valve seat in contact with process fluid and one side open to

atmosphere, either directly or through open piping. 40 C.F.R. § 63.161.

56. With certain alternatives and exceptions not relevant here, each open-ended valve

or line is required to be equipped with a cap, blind flange, plug, or second valve. 40 C.F.R.

§ 63.167(a)(1).

57. The cap, blind flange, plug, or second valve is required to seal the open end at all

times except during operations requiring process fluid flow through the open-ended valve or line,

or during maintenance or repair. 40 C.F.R. § 63.167(a)(2).

58. Each open-ended valve or line equipped with a second valve is required to be

operated in a manner such that the valve on the process fluid end is closed before the second

valve is closed. 40 C.F.R. § 63.167(b).

v. Closed-Vent Systems

59. A “closed-vent system” is defined as a system that is not open to the atmosphere

and that is composed of hard-piping, ductwork, connection and, if necessary, flow-inducing

devices that transport gas or vapor from a piece or pieces of equipment to a control device or

back into a process. 40 C.F.R. § 63.161.

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60. A closed-vent system constructed of hard piping is required to have annual visual

inspections for visible, audible, or olfactory indications of leaks. 40 C.F.R. § 63.172(f)(1)(ii).

61. An owner or operator of a closed-vent system must maintain records of its

closed-vent system inspections. 40 C.F.R. § 63.181(g)(3).

2. Subpart JJJ

62. Pursuant to Section 112(c) of the CAA, 42 U.S.C. § 7412(c), U.S. EPA identified

the production of, inter alia, seven polymers and resins as source categories of HAPs. 57 F.R.

31576, 31591 (Table 1) (July 16, 1992) (identifying as source categories the production of:

acrylonitrile-butadiene-styrene; methyl methacrylate-acrylonitrile-butadiene-styrene; methyl

methacrylate-butadiene-styrene terpolymers; polyethylene teraphthalate; polystyrene; and

styrene-acrylonitrile); 61 F.R. 28197, 28202 (Table 1) (June 4, 1996) (identifying nitrile resins

production).

63. Pursuant to Section 112(d) of the CAA, 42 U.S.C. § 7412(d), U.S. EPA regulated

these source categories under what it characterized as the “Group IV” Polymers and Resins

NESHAP, found at 40 C.F.R. Part 63, Subpart JJJ. 40 C.F.R. §§ 63.1310 - 63.1336. These

provisions commonly are referred to as “Subpart JJJ” or the “Group IV Polymers and Resins

MACT.”

64. The “affected source” to which the emission standards of Subpart JJJ apply is

either an “existing affected source” or a “new affected source.” 40 C.F.R. § 63.1310(a)(1).

65. Of relevance to this complaint, an “existing affected source” is defined, inter alia,

as each group of one or more thermoplastic product process units (“TPPU”) and associated

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equipment, as listed in 40 C.F.R. § 1310(a)(4), that is manufacturing the same primary product

and is located at a plant site that is a major source for HAPs. 40 C.F.R. § 63.1310(a)(2).

66. A “TPPU” is defined as a collection of equipment assembled and connected by

hard-piping or ductwork, used to process raw materials and to manufacture a thermoplastic

product as its primary product. 40 C.F.R. § 1312(b).

67. “Associated equipment” includes, inter alia, equipment required by or utilized as

a method of compliance with Subpart JJJ. 40 C.F.R. § 63.1310(a)(4).

68. A “thermoplastic product” is one of 19 specifically-identified products listed in

the definition of “thermoplastic product” at 40 C.F.R. § 63.1312(b).

69. With certain differences that are inapplicable here, the owner or operator of each

affected source under Subpart JJJ is required to comply with Subpart H. 40 C.F.R. § 63.1331(a).

70. “Equipment” for purposes of Subpart H compliance under 40 C.F.R. § 63.1331(a)

does not have the same meaning as “associated equipment” under Subpart JJJ at 40 C.F.R.

§ 1310(a). Rather, “equipment” means each pump, compressor, agitator, pressure relief device,

sampling connection system, open-ended valve or line, valve, connector, surge control vessel,

bottoms receivers, and instrumentation system in organic HAP service; and any control devices

or systems required by Subpart H. 40 C.F.R. 1312(b); 40 C.F.R. § 1331(a)(11) (stating that the

term “equipment” for Subpart JJJ compliance is defined in 40 C.F.R. § 1312).

71. Existing affected sources were required to be in compliance with 40 C.F.R.

§ 63.1331(a) (and therefore Subpart H) by no later than June 19, 2001. 40 C.F.R. § 63.1311(d).

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B. National Ambient Air Quality Standards (“NAAQS”)

1. General

72. Section 108(a) of the CAA, 42 U.S.C. § 7408(a), requires the Administrator of

U.S. EPA to promulgate a list of each air pollutant, emissions of which may reasonably be

anticipated to endanger public health or welfare and the presence of which results from numerous

or diverse mobile or stationary sources.

73. Section 109 of the CAA, 42 U.S.C. § 7409, requires the Administrator of

U.S. EPA to promulgate regulations establishing primary and secondary national ambient air

quality standards (“NAAQS”) for those air pollutants for which air quality criteria have been

issued pursuant to Section 108 of the CAA, 42 U.S.C. § 7408. The primary NAAQS are to be

adequate to protect the public health with an adequate margin of safety, and the secondary

NAAQS are to be adequate to protect the public welfare from any known or anticipated adverse

effects associated with the presence of the air pollutant in the ambient air.

74. Under Section 107(d) of the CAA, 42 U.S.C. § 7407(d), each state is required to

designate those areas within its boundaries where the air quality is better or worse than the

NAAQS for each criteria pollutant, or where the air quality cannot be classified due to

insufficient data. An area that meets the NAAQS for a particular pollutant is an “attainment”

area. An area that does not meet the NAAQS is a “nonattainment” area. An area that cannot be

classified due to insufficient data is “unclassifiable.”

2. Ohio State Implementation Plan: Permit to Install

75. To achieve the objectives of the NAAQS and the CAA, Section 110 of the CAA,

42 U.S.C. § 7410, requires each State to adopt and submit to U.S. EPA for approval a plan that

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provides for the attainment and maintenance of the NAAQS in each air quality control region

with each state. This plan is known as a State Implementation Plan (“SIP”).

76. On October 31, 1980, U.S. EPA approved Ohio Administrative Code (“OAC”)

Rule 3745-31, permit to install regulations, as part of the federally enforceable SIP for Ohio. 

45 Fed. Reg. 72146 (1980). Since then, U.S. EPA has approved several revisions to OAC

3745-31 into the federally enforceable SIP. The rules were substantially revised and approved as

a revision to the SIP on September 8, 1993. 58 Fed. Reg. 47211 (1993).

77. OAC 3745-31-02(A) states that no person shall cause, permit, or allow the

installation of a new source of air pollutants or allow the modification of an air contaminant

source without first obtaining a permit to install (“PTI”) from the Director of the Ohio

Environmenta1 Protection Agency (“Ohio EPA”).

78. OAC Rule 3745-31-05(D) states that the Director may impose such special terms

and conditions in a PTI as are appropriate or necessary to ensure compliance with the applicable

laws and to ensure adequate protection of environmental quality.

C. Title V

79. Title V of the CAA, 42 U.S.C. §§ 7661-7661f, establishes an operating permit

program for certain air pollution sources, including “major sources.” The purpose of Title V is to

ensure that all “applicable requirements” for compliance with the CAA are collected in one

place.

80. “Major source” under Title V includes, inter alia, any stationary source that is a

“major source” as defined in Section 112 of the CAA, 42 U.S.C. § 7412.

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81. Pursuant to Section 502(b) of the CAA, 42 U.S.C. § 7661a(b), U.S. EPA

promulgated regulations implementing the requirements of Title V and establishing the minimum

elements of a Title V permit program to be administered by any state or local air pollution

control agency. 57 Fed. Reg. 32250 (July 21, 1992). These regulations are codified at 40 C.F.R.

Part 70.

82. Section 502(a) of the CAA, 42 U.S.C. § 7661a(a), and the implementing

regulation at 40 C.F.R. § 70.7(b), make it unlawful for any person to violate any requirement of a

permit issued under Title V or to operate a major source except in compliance with a permit

issued by a permitting authority under Title V.

83. U.S. EPA approved Ohio’s Part 70 (Title V) program, codified at OAC 3745-77,

on August 15, 1995, with an effective date of October 1, 1995. 60 Fed. Reg. 42045 (1995).

84. 40 C.F.R. § 70.6(b)(1) specifies that all terms and conditions in a permit issued

under a Part 70 program, including any provisions designed to limit a source’s potential to emit,

are enforceable by the Administrator of U.S. EPA under the CAA.

D. Enforcement of the CAA

85. Section 113(a)(1) of the CAA, 42 U.S.C. ' 7413(a)(1), authorizes U.S. EPA to

bring a civil action if the Administrator of U.S. EPA finds that any person is in violation of any

requirement or prohibition of an applicable SIP or permit.

86. Section 113(a)(3) of the CAA, 42 U.S.C. § 7413(a)(3), authorizes U.S. EPA to

bring a civil action if the Administrator finds that any person is in violation of, inter alia, any

regulation promulgated or permit issued under Section 112 of the CAA, 42 U.S.C. § 7412 or any

regulation promulgated or permit issued under Title V of the CAA, 42 U.SC. §§ 7661-7661f .

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87. Section 113(b) of the CAA, 42 U.S.C. § 7413(b), authorizes the Court to enjoin a

violation, to require compliance, to assess and recover a civil penalty, and to award any other

appropriate relief for each violation.

88. Section 113(b) of the CAA, 42 U.S.C. § 7413(b), authorizes civil penalties of up

to $25,000 per day for each violation of the CAA. The Debt Collection Improvement Act, 31

U.S.C. § 3701 et seq., requires U.S. EPA to periodically adjust its civil penalties for inflation. 

On December 31, 1996, February 13, 2004, and December 11, 2008, U.S. EPA adopted and

revised regulations entitled “Adjustment of Civil Monetary Penalties for Inflation,” 40 C.F.R.

Part 19, to upwardly adjust the maximum civil penalty under the CAA. For each violation that

occurs between January 31, 1997, and March 15, 2004, inclusive, penalties of up to $27,500 per

day may be assessed; for each violation that occurs between March 16, 2004, and January 12,

2009, inclusive, penalties of up to $32,500 per day may be assessed; and for each violation that

occurs on and after January 13, 2009, penalties of up to $37,500 per day may be assessed. 

61 F.R. 69360 (December 31, 1996); 69 F.R. 7121 (February 12, 2004); 73 F.R. 75,340

(December 11, 2008).

II. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND 

LIABILITY ACT

89. Section 102(a) of the Comprehensive Environmental Response, Compensation,

and Liability Act (“CERCLA”), 42 U.S.C. § 9602(a), requires the Administrator of U.S. EPA to

publish a list of substances designated as hazardous substances which when released into the

environment may present substantial danger to public health or welfare or the environment, and

to promulgate regulations establishing that quantity of any hazardous substance, the release of

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which shall be required to be reported under Section 103(a) of CERCLA, 42 U.S.C. § 9603(a)

(“Reportable Quantity” or “RQ”). The list of RQs of hazardous substances is codified at 40

C.F.R. Part 302.

90. Section 103(a) of CERCLA, 42 U.S.C. § 9603(a), as implemented by 40 C.F.R.

Part 302, requires, in relevant part, a person in charge of an onshore facility, as soon as he/she

has knowledge of a release (other than a federally permitted release) of a hazardous substance

from such facility in quantities equal to or greater than the RQ to immediately notify the National

Response Center (“NRC”) established under the Section 311(d)(2)(E) of the CWA, 33 U.S.C.

§ 1321(d)(2)(E), of such release.

91. “Onshore facility,” under Section 101 of CERCLA, 42 U.S.C. § 9601, is defined

as any facility of any kind located in, on, or under, any land or nonnavigable waters within the

United States. 42 U.S.C. §9601(18).

92. Section 109(c)(1) of CERCLA, 42 U.S.C. § 9609(c)(1), provides that any person

who violates the notice requirements of Section 103(a) of CERCLA, 42 U.S.C. § 9603(a), shall

be liable to the United States for civil penalties.

93. Section 109(c) of CERCLA, 42 U.S.C. § 9609(c), authorizes U.S. EPA to assess a

civil penalty of up to $25,000 per day of violation, and in the case of a second or subsequent

violation, $75,000 per day of violation of CERCLA Section 103, 42 U.S.C. § 9603. The Debt

Collection Improvement Act, 31 U.S.C. § 3701 et seq., requires U.S. EPA to periodically adjust

its civil penalties for inflation. On December 31, 1996, February 13, 2004, and December 11,

2008, U.S. EPA adopted and revised regulations entitled “Adjustment of Civil Monetary

Penalties for Inflation,” 40 C.F.R. Part 19, to upwardly adjust the maximum civil penalty under

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CERCLA. For each violation that occurs between January 31, 1997, and March 15, 2004,

inclusive, penalties of up to $27,500 per day may be assessed; for each violation that occurs

between March 16, 2004, and January 12, 2009, inclusive, penalties of up to $32,500 per day

may be assessed; and for each violation that occurs on and after January 13, 2009, penalties of up

to $37,500 per day may be assessed. Additionally, in the case of a second or subsequent

violation, for each violation that occurs between January 31, 1997, and March 15, 2004,

inclusive, penalties of up to $82,500 per day may be assessed; for each violation that occurs

between March 16, 2004, and January 12, 2009, inclusive, penalties of up to $97,500 per day

may be assessed; and for each violation that occurs on and after January 13, 2009, penalties of up

to $107,500 per day may be assessed. 61 F.R. 69360 (December 31, 1996); 69 F.R. 7121

(February 12, 2004); 73 F.R. 75,340 (December 11, 2008).

III. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT

94. The Emergency Planning and Community Right-to-Know Act (“EPCRA”) was

enacted on October 17, 1986, as Title III of the Superfund Amendments and Reauthorization Act

of 1986, Pub. L. No. 99-499 (1986) (codified at 42 U.S.C. §§ 11001-11050).

95. The purpose of EPCRA was to provide communities with information on

potential chemical hazards within their boundaries and to foster state and local emergency

planning efforts to control any accidental releases. Emergency Planning and Community Rightto-Know Programs, Interim Final Rule, 51 Fed. Reg. 41,570 (1986).

96. To achieve this end, EPCRA mandates that state emergency response

commissions (“SERC’s) and local emergency planning committees (“LEPC’s”) be created. 42

U.S.C. § 11001(a) and (c). EPCRA establishes a framework of state, regional, and local agencies

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designed to inform the public about the presence of hazardous and toxic chemicals, and to

provide for emergency response in the event of a health-threatening release. 42 U.S.C. § 11001. 

EPCRA further mandates that industrial and commercial facilities, at which a hazardous

chemical is produced, used, or stored, notify SERC’s and LEPC’s when they have releases of

extremely hazardous substances and hazardous substances. 42 U.S.C. § 11004. 

97. Section 304(a) and (b) of EPCRA, 42 U.S.C. § 11004(a) and (b), requires the

owner and operator of a facility at which a hazardous chemical is produced, used, or stored, to

immediately notify the SERC and LEPC of certain specified releases of a hazardous or extremely

hazardous substance.

98. Section 329(4) of EPCRA, 42 U.S.C. § 11049(4), and 40 C.F.R. § 355.20 define

“facility” to mean, in relevant part, all buildings, equipment, structures, and other stationary

items which are located on a single site and that are owned or operated by the same person.

99. Section 325(b)(3) of EPCRA, 42 U.S.C. § 11045(b)(3), provides that any person

who violates the notice requirements of Section 304 of EPCRA, 42 U.S.C. § 11004, shall be

liable to the United States for civil penalties.

100. Section 325(b)(3) of EPCRA, 42 U.S.C. § 11045(b)(3), authorizes U.S. EPA to

assess a civil penalty of up to $25,000 per day of violation, and in the case of a second or

subsequent violation $75,000 per day of violation of EPCRA Section 304, 42 U.S.C. § 11004. 

The Debt Collection Improvement Act, 31 U.S.C. § 3701 et seq., requires U.S. EPA to

periodically adjust its civil penalties for inflation. On December 31, 1996, February 13, 2004,

and December 11, 2008, U.S. EPA adopted and revised regulations entitled “Adjustment of Civil

Monetary Penalties for Inflation,” 40 C.F.R. Part 19, to upwardly adjust the maximum civil

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penalty under EPCRA. For each violation that occurs between January 31, 1997, and March 15,

2004, inclusive, penalties of up to $27,500 per day may be assessed; for each violation that

occurs between March 16, 2004, and January 12, 2009, inclusive, penalties of up to $32,500 per

day may be assessed; and for each violation that occurs on and after January 13, 2009, penalties

of up to $37,500 per day may be assessed. Additionally, in the case of a second or subsequent

violation, for each violation that occurs between January 31, 1997, and March 15, 2004,

inclusive, penalties of up to $82,500 per day may be assessed; for each violation that occurs

between March 16, 2004, and January 12, 2009, inclusive, penalties of up to $97,500 per day

may be assessed; and for each violation that occurs on and after January 13, 2009, penalties of up

to $107,500 per day may be assessed. 61 F.R. 69360 (December 31, 1996); 69 F.R. 7121

(February 12, 2004); 73 F.R. 75,340 (December 11, 2008). 

GENERAL ALLEGATIONS

CAA General Allegations

National Emission Standards for HAPs

101. INEOS owns and operates a chemical manufacturing plant located at 1900 Fort

Amanda Road, Lima, Ohio 45804 (“Facility”).

102. INEOS is the “owner or operator,” as defined in Section 112(a)(9) of the CAA, 42

U.S.C. § 7412(a)(9), of the Facility.

103. The Facility includes a building, structure, facility, or installation which emits or

may emit any air pollutant.

104. The Facility is a “stationary source” within the meaning of Section 112(a)(3) of

the CAA, 42 U.S.C. § 7412(a)(3).

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105. The Facility is a stationary source or group of stationary sources located within a

contiguous area and under common control that emits or has the potential to emit considering

controls, in the aggregate, 10 tons per year or more of any HAP or 25 tons per year or more of

any combination of HAPs.

106. The Facility is a “major source” within the meaning of Section 112(a)(1) of the

CAA, 42. U.S.C. § 7612(a)(1).

General Allegations Related to 40 C.F.R. Part 63, Subparts F, G, and H

107. The Facility consists of process units that manufacture as a primary product

acrylonitrile and acetonitrile.

108. The first major processing step in manufacturing acrylonitrile and acetonitrile is a

vapor-phase catalytic reaction of ammonia, propylene, and air. This reaction is followed by the

crude separation of the products, byproducts, and waste. The equipment at the Facility that is

used to perform these operations is referred to as follows:

P035 Acrylonitrile Reaction and Absorption Section

P048 Acetonitrile Reactor and Absorption Section

109. After the initial reactions in P035 and P048, acrylonitrile and acetonitrile are

recovered and purified in the following equipment:

P074 Acetonitrile Recovery and Purification Section

P075 Acrylonitrile Plant #2 Recovery and Purification Section

110. Emissions from P035, P048, P074, and P075 are controlled as follows:

P035 controlled by the Absorber Offgas Incinerator (“AOGI”)

P048 controlled by the Acrylonitrile Flare

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P074 controlled by the Acrylonitrile Flare

P075 controlled by the vent scrubber followed by Acrylonitrile Flare. 

Sometimes, the vent scrubber is bypassed and P075 emissions are

sent directly to the Acrylonitrile Flare.

111. In general, a flare is a vertical stack utilized for combusting excess or waste gases.

112. The Acrylonitrile Flare is a steam-assisted flare.

113. Acrylonitrile and acetonitrile are listed chemicals in Table 1 of Subpart F. Table 1

classifies them as “Group 1” chemicals.

114. Acetonitrile and acrylonitrile are organic HAPs listed in Table 2 of Subpart F.

115. The Acrylonitrile Process Unit, including P035 and P075, and the Acetonitrile

Process Unit, including P035, P048, and P074, are “chemical manufacturing process units”

within the meaning of Subpart F. 40 C.F.R. §§ 63.100(b), 63.101(b).

116. Until March 16, 2005, the Facility housed a process unit that manufactured as a

primary product butanediol. 

117. Butanediol is a listed chemical in Table 1 of Subpart F. Table 1 classifies it as a

“Group 1” chemical.

118. At all times relevant to this complaint, the Butanediol Process Unit used as a

reactant or manufactured as a product or co-product maleic anhydride, methanol, and acrylic

acid.

119. Maleic anhydride, methanol, and acrylic acid are organic HAPs listed in Table 2

of Subpart F.

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120. At all times relevant to this complaint, the Butanediol Process Unit was a

“chemical manufacturing process unit” with the meaning of Subpart F. 40 C.F.R. §§ 63.100(b),

63.101(b).

121. The Acrylonitrile CMPU, Acetonitrile CMPU, and Butanediol CMPU are and

were located at a plant site that is a major source within the meaning of Section 112(a)(1) of the

CAA, 42. U.S.C. § 7612.

122. The Acrylonitrile CMPU and Acetonitrile CMPU are, and the Butanediol CMPU

was, subject to the NESHAPs found at 40 C.F.R. Part 63, Subparts F, G, and H. 

123. P035, P048, P074, and P075 each discharge a gas stream that meets the

characteristics specified in 40 C.F.R. § 63.107(b) - (h). P035, P048, P074, and P075 therefore

each have a “process vent” within the meaning of 40 C.F.R. § 63.101(b).

124. The process vents of P035, P048, P074, and P075 are subject to the process vent

standards found at 40 C.F.R. Part 63, Subpart G.

125. The Facility has manufactured acetonitrile and acrylonitrile since before

October 24, 1994.

126. The Acrylonitrile and Acetonitrile Process Units have been subject to Subparts F,

G, and H since October 24, 1994.

127. The Facility began manufacturing butanediol in September 2000.

128. The Butanediol Process Unit has been subject to Subparts F, G, and H since

September 2000.

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General Allegations Related to 40 C.F.R. Part 60, Subpart JJJ

129. The Facility includes a unit that manufactures a product known as nitrile resins. 

Nitrile resins are a thermoplastic product within the meaning of 40 C.F.R. § 63.1312(b).

130. The processing unit that manufactures nitrile resins is known as the Barex Process

Unit. The Barex Process Unit includes a collection of equipment assembled and connected by

hard-piping or ductwork used to process raw materials and to manufacture nitrile resins as its

primary product.

131. The Barex Process Unit is a thermoplastic product process unit (“TTPU”) within

the meaning of 40 C.F.R. § 63.1312(b).

132. The Barex Process Unit is located at a plant site that is a major source within the

meaning of Section 112(a)(1) of the CAA, 42. U.S.C. § 7612.

133. The Barex Process Unit and its associated equipment, as listed in 40 C.F.R.

§ 63.1310(a)(4), is an “existing affected source” within the meaning of 40 C.F.R.

§ 63.1310(a)(2).

134. The Barex Process Unit is subject to the standards founds at 40 C.F.R. Part 63,

Subpart JJJ and, with certain exceptions not relevant here, Subpart H. 

135. The Barex Process Unit has been subject to the requirements of Subparts JJJ and

H since June 19, 2001.

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SIP General Allegations

136. On November 14, 1996, the Ohio Environmental Protection Agency (“Ohio

EPA”) issued a Permit to Install, Numbered 03-9227, with an effective date of November 14,

1996, to the Facility (“Facility’s PTI 03-9227").

137. Under the Facility’s PTI 03-9227, gas streams from P035 are required to be

“vented to a combustion device (AOGI) . . . .” Id. at Condition 2.E.3 (page 12 of 27).

Title V General Allegations

138. On October 29, 2004, Ohio EPA issued a Title V permit Numbered 03-02-02-

0015, with an effective date of January 3, 2005, to the Facility (“Facility’s Title V Permit). The

Facility’s Title V Permit incorporates as federally-enforceable requirements, inter alia, the

requirements of 40 C.F.R. Part 63, Subparts G, H, and JJJ, and the Facility’s PTI No. 03-9227. 

Facility’s Title V Permit, Part II (pages 11, 103-449, 492, and 562).

139. The Facility’s Title V Permit specifically requires that “[e]missions from [the

Acrylonitrile Reaction and Absorption Section (P035)] unit shall be controlled by the use of a

closed process vent system that is vented to the AOGI . . . .” Facility’s Title V Permit,

Part III.A.I.2.e (page 493 of 609).

140. The Facility’s Title V Permit specifically requires that the Facility create records

of inspections in accordance with 40 C.F.R. § 63.181. Id. at Part III.A.III.14 (page 499 of 609).

CERCLA General Allegations

141. INEOS is a “person” as defined by Section 101(21) of CERCLA, 42 U.S.C.

§ 9601(21), and 40 C.F.R. § 302.3.

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142. The Facility consists of buildings, structures, and equipment where a hazardous

substance has been deposited, stored, disposed of, or placed, or otherwise come to be located.

143. The Facility is a “facility,” as defined by Section 101(9) of CERCLA, 42 U.S.C.

§ 9601(9), and 40 C.F.R. § 302.3.

144. At all times relevant to this civil complaint, INEOS was “in charge of” the Facility

as that phrase is used in Section 103 of CERCLA, 42 U.S.C. § 9603(a).

145. Acrolein is a hazardous substance, as defined under Section 101(14) of CERCLA,

42 U.S.C. § 9601(14) and 40 C.F.R. Part 302.4, with an RQ of one (1) pound, as listed in 40

C.F.R. § 302.4, Table 302.4.

146. Acrylonitrile is a hazardous substance, as defined under Section 101(14) of

CERCLA, 42 U.S.C. § 9601(14) and 40 C.F.R. Part 302.4, with an RQ of one hundred (100)

pounds, as listed in 40 C.F.R. § 302.4, Table 302.4.

147. Hydrogen Cyanide is a hazardous substance, as defined under Section 101(14) of

CERCLA, 42 U.S.C. § 9601(14) and 40 C.F.R. Part 302.4, with an RQ of ten (10) pounds, as

listed in 40 C.F.R. § 302.4, Table 302.4.

EPCRA General Allegations

148. INEOS is a “person” within the meaning of Section 329(7) of EPCRA, 42 U.S.C.

§ 11049(7).

149. INEOS is the “owner or operator” of the Facility, within the meaning of

Section 304 of EPCRA.

150. The Facility consists of buildings, equipment and structures which are located on

a single site and which are owned by the same person.

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151. The Facility is a “facility” within the meaning of Section 329(4) of EPCRA, 42

U.S.C. § 11049(4).

152. The Facility is a facility at which hazardous chemicals are produced, used, or

stored.

153. Acrolein is a hazardous substance, as defined under Section 101(14) of CERCLA,

42 U.S.C. § 9601(14) and 40 C.F.R. Part 302.4, with an RQ of one (1) pound, as listed in 40

C.F.R. § 302.4, Table 302.4.

154. Acrylonitrile is a hazardous substance, as defined under Section 101(14) of

CERCLA, 42 U.S.C. § 9601(14) and 40 C.F.R. Part 302.4, with an RQ of one hundred (100)

pounds, as listed in 40 C.F.R. § 302.4, Table 302.4.

155. Hydrogen Cyanide is a hazardous substance, as defined under Section 101(14) of

CERCLA, 42 U.S.C. § 9601(14) and 40 C.F.R. Part 302.4, with an RQ of ten (10) pounds, as

listed in 40 C.F.R. § 302.4, Table 302.4.

156. At all times relevant to this Complaint, the Ohio EPA was the state emergency

response commission (“SERC”) for Ohio, under Section 301(a) of EPCRA, 42 U.S.C.

' 11001(a).

157. At all times relevant to this Complaint, the Allen County Emergency Management

Agency was the local emergency planning committee (“LEPC”) for an area likely to be affected

by a release from the Facility, under Section 301(c) of EPCRA, 42 U.S.C. § 11001(c).

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FIRST CLAIM FOR RELIEF

42 U.S.C. § 7412

Subpart H: 40 C.F.R. §§ 63.168(b)(1), 63.174(a)(1) and 63.180(b)(1);

40 C.F.R. Part 60, Appendix A, Method 21

Failure to Perform Method 21 Monitoring Correctly

158. Plaintiff realleges and incorporates by reference Paragraphs 1 through 140 as if

fully set forth herein.

159. Subpart F, at 40 C.F.R. § 63.102(a), requires an owner or operator of each

affected source to comply with the requirements of the NESHAP for Equipment Leaks,

Subpart H, 40 C.F.R. §§ 63.160 - 63.183.

160. With certain exceptions and alternatives not relevant here, Subpart H requires an

owner or operator to monitor, inter alia, valves and connectors using a monitoring method

known as Method 21, found at 40 C.F.R. Part 60, Appendix A, Method 21. 40 C.F.R.

§§ 63.168(b)(1), 63.174(a)(1), and 63.180(b)(1).

161. From at least December 10, 2003, through April 2005, INEOS failed to perform

Method 21 monitoring correctly on valves and connectors in the Acetonitrile Process Unit and

Acrylonitrile Process Unit.

162. INEOS’s failure, from at least December 10, 2003, through April 2005, to

perform Method 21 monitoring correctly on valves and connectors in the Acetonitrile and

Acrylonitrile Process Units, is in violation of Section 112 of the CAA, 42 U.S.C. § 7412, and the

implementing regulations at 40 C.F.R. §§ 63.102(a), 63.168(b)(1), 63.174(a)(1) and

63.180(b)(1).

163. On information and belief, additional violations of the type alleged in the

preceding paragraphs continued to the date of the filing of this Complaint.

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164. As provided in Section 113(b) of the CAA, 42 U.S.C. § 7413(b), and pursuant to

the Federal Civil Penalties Inflation Adjustment Act of 1990, the violations set forth above

subject INEOS to injunctive relief and civil penalties of up to $27,500 per day for each violation

between January 31, 1997, and March 15, 2004; up to $32,500 per day for each violation

between March 16, 2004, and January 12, 2009; and up to $37,500 per day for each violation on

and after January 13, 2009.

SECOND CLAIM FOR RELIEF

42 U.S.C. § 7412

Subpart H: 40 C.F.R. § 63.168(f)(2); Subpart JJJ: 40 C.F.R. § 63.1331(a)

Failure to Make First Attempt to Repair Leaking Valves within 5 days

165. Plaintiff realleges and incorporates by reference Paragraphs 1 through 140 and

159 as if fully set forth herein.

166. With certain differences that are inapplicable here, Subpart JJJ requires the owner

or operator of an affected source to comply with Subpart H. 40 C.F.R. § 63.1331(a).

167. Subpart H requires that a first attempt at repair of a valve be made no later than 5

calendar days after a leak is detected. 40 C.F.R. § 63.168(f)(2).

168. On at least 4 occasions, INEOS failed to make a first attempt at repair of a valve

in the Butanediol Process Unit within 5 calendar days after leaks were detected in May of 2004.

169. On at least 2 occasions, INEOS failed to make a first attempt at repair of a valve

in the Barex Process Unit within 5 calendar days after leaks were detected in October of 2004.

170. INEOS’s failure, on at least 6 occasions from May to November of 2004 to make

a first attempt at repair of a valve within 5 calendar days after a leak was detected is in violation

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of Section 112 of the CAA, 42 U.S.C. § 7412, and the implementing regulations at 40 C.F.R.

§§ 63.102(a), 63.1331(a), and 63.168(f)(2).

171. As provided in Section 113(b) of the CAA, 42 U.S.C. § 7413(b), and pursuant to

the Federal Civil Penalties Inflation Adjustment Act of 1990, the violations set forth above

subject INEOS to civil penalties of up to $32,500 per day for each violation between March 16,

2004, and January 12, 2009.

THIRD CLAIM FOR RELIEF

42 U.S.C. § 7412

Subpart H: 40 C.F.R. §§ 63.168(b) and 63.168(d)(2)

Failure to Monitor Valves in First Quarter of 2005

172. Plaintiff realleges and incorporates by reference Paragraphs 1 through 140 and

159 as if fully set forth herein.

173. Subpart H requires the owner or operator of valves in a process unit that has a

rolling average valve leak rate of less than 2% but greater than or equal to 1% to monitor such

valves once each quarter. 40 C.F.R. §§ 63.168(b), 63.168(d)(2).

174. In the fourth quarter of 2004, INEOS calculated a rolling average leak rate for

valves in the Acetonitrile Process Unit at less than 2% percent but greater than 1%.

175. INEOS was required to monitor the valves in the Acetonitrile Process Unit in the

first quarter of 2005.

176. INEOS failed to monitor the valves in the Acetonitrile Process Unit in the first

quarter of 2005.

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177. INEOS’s failure to monitor the valves in the Acetonitrile Process Unit in the first

quarter of 2005 is a violation of Section 112 of the CAA, 42 U.S.C. § 7412, and the

implementing regulations at 40 C.F.R. §§ 63.168(b) and 63.168(d)(2).

178. As provided in Section 113(b) of the CAA, 42 U.S.C. § 7413(b), and pursuant to

the Federal Civil Penalties Inflation Adjustment Act of 1990, the violations set forth above

subject INEOS to civil penalties of up to $32,500 per day for each violation between March 16,

2004, and January 12, 2009.

FOURTH CLAIM FOR RELIEF

42 U.S.C. § 7412

Subpart H: 40 C.F.R. § 63.167(a)(1)

Failure to Equip Open-Ended Valves or Lines

with a Cap, Blind Flange, Plug, or Second Valve

179. Plaintiff realleges and incorporates by reference Paragraphs 1 through 140 and

159 as if fully set forth herein.

180. With certain exceptions not relevant here, Subpart H requires each open-ended

valve or line (“OEL”) to be equipped with a cap, blind flange, plug, or second valve. 40 C.F.R.

§ 63.167(a)(1).

181. For certain OELs in the process units/buildings and time periods set forth in

Appendix A, INEOS failed to equip each OEL with a cap, blind flange, plug, or second valve, in

violation of Section 112 of the CAA, 42 U.S.C. § 7412, and the implementing regulation at 40

C.F.R. § 63.167(a)(1).

182. As provided in Section 113(b) of the CAA, 42 U.S.C. § 7413(b), and pursuant to

the Federal Civil Penalties Inflation Adjustment Act of 1990, the violations set forth above

subject INEOS to civil penalties of up to $32,500 per day for each violation between March 16,

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2004, and January 12, 2009; and up to $37,500 per day for each violation on and after January

13, 2009.

FIFTH CLAIM FOR RELIEF

42 U.S.C. § 7412

Subpart H: 40 C.F.R. § 63.167(a)(2)

Failure to Ensure that the Cap, Blind Flange, Plug or Second Valve

Seals the Open End on an Open-Ended Valve and Line

183. Plaintiff realleges and incorporates by reference Paragraphs 1 through 140 and

159 as if fully set forth herein.

184. Subpart H requires the cap, blind flange, plug, or second valve that equips an

open-ended valve or line to seal the open end at all times except during operations requiring

process fluid flow through the open-ended valve or line, or during maintenance or repair. 40

C.F.R. § 63.167(a)(2).

185. As of April 2005, at least five open-ended lines in the Acetonitrile Process Unit

and at least eight open-ended lines in the Acrylonitrile Process Unit that were equipped with a

cap, blind flange, plug, or second valve were found to be leaking. The caps, blind flanges, plugs,

and/or second valves did not seal the open end of the open-ended valve or line.

186. At the time of the discovery of the thirteen leaking open-ended lines, INEOS’s

operations did not require process fluid flow through the open-ended valve or line nor was

INEOS conducting maintenance or repair on the open-ended lines.

187. INEOS’s failure to ensure that the cap, blind flange, plug, or second valve seal the

open end on at least 13 open-ended lines is in violation of Section 112 of the CAA, 42 U.S.C.

§ 7412, and the implementing regulation at 40 C.F.R. § 63.167(a)(2).

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188. As provided in Section 113(b) of the CAA, 42 U.S.C. § 7413(b), and pursuant to

the Federal Civil Penalties Inflation Adjustment Act of 1990, the violations set forth above

subject INEOS to civil penalties of up to $32,500 per day for each violation between March 16,

2004, and January 12, 2009; and up to $37,500 per day for each violation on and after January

13, 2009.

SIXTH CLAIM FOR RELIEF

42 U.S.C. § 7412

Subpart H: 40 C.F.R. § 63.167(b)

Failure to Properly Operate Open-Ended Valves that are Equipped with a Second Valve

189. Plaintiff realleges and incorporates by reference Paragraphs 1 through 140 and

159 as if fully set forth herein.

190. Subpart H requires each open-ended valve or line equipped with a second valve to

be operated in a manner such that the valve on the process fluid end (upstream) is closed before

the second valve is closed (downstream or end of pipe). 40 C.F.R. § 63.167(b).

191. INEOS routinely takes samples of process fluid from the Acetonitrile Process Unit

and the Acrylonitrile Process Unit using a system called a “Strahman Sampling Valve System.”

192. A Strahman Sampling Valve System consists of a Strahman Valve and another

valve upstream from it (“Upstream Valve”).

193. The Upstream Valve within a Strahman Sampling Valve System has one side of

its seat in contact with process fluid and the other side open to the atmosphere and is an

open-ended line or valve within the meaning of 40 C.F.R. § 63.161.

194. The Upstream Valve is equipped with a second valve, which, in the case of the

Strahman Sampling Valve System, is the Strahman Valve itself.

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195. In turn, the Strahman Valve is equipped with a cap, blind flange, plug, or another

valve that can be opened in order to take samples.

196. As of April 2005, INEOS failed to operate three Strahman Sampling Valve

Systems in the Acetonitrile Process Unit and one Strahman Sampling Valve System in the

Acrylonitrile Process Unit in a manner such that the Upstream Valve was closed before the

Strahman Valve was closed.

197. INEOS’s failure to close the Upstream Valves prior to closing the Strahman

Valves on the four Strahman Sampling Valve Systems is in violation of Section 112 of the CAA,

42 U.S.C. § 7412, and the implementing regulation at 40 C.F.R. § 63.167(b).

198. As provided in Section 113(b) of the CAA, 42 U.S.C. § 7413(b), and pursuant to

the Federal Civil Penalties Inflation Adjustment Act of 1990, the violations set forth above

subject INEOS to civil penalties of up to $32,500 per day for each violation between March 16,

2004, and January 12, 2009; and up to $37,500 per day for each violation on and after January

13, 2009.

SEVENTH CLAIM FOR RELIEF

42 U.S.C. § 7412

Subparts H: 40 C.F.R. § 63.162(c); Subpart JJJ: 40 C.F.R. § 1331(a)

Failure to Identify Equipment

Subject to Leak Detection and Repair (“LDAR”) Requirements

199. Plaintiff realleges and incorporates by reference Paragraphs 1 through 140, 159,

and 166 as if fully set forth herein.

200. Subpart H requires each piece of equipment in a process unit to which Subpart H

applies to be identified such that it can be distinguished readily from equipment that is not

subject to Subpart H. 40 C.F.R. § 63.162(c).

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201. With certain differences that are inapplicable here, Subpart JJJ requires the owner

or operator of an affected source to comply with Subpart H. 40 C.F.R. § 1331(a).

202. Beginning no later than January of 2005, and likely commencing earlier than that,

INEOS failed to identify numerous pieces of equipment in the Acetonitrile, Acrylonitrile, Barex,

and Butanediol Process Units that were subject to Subpart H in a manner that readily

distinguished those pieces of equipment from equipment that was not subject to Subpart H.

203. INEOS’s failure to identify each piece of equipment in process units to which the

leak detection and repair requirements of Subpart H applies is in violation of Section 112 of the

CAA, 42 U.S.C. § 7412, and the implementing regulation at 40 C.F.R. § 63.162(c) and

63.1331(a).

204. On information and belief, additional violations of the type alleged in the

preceding paragraphs continued to the date of the filing of this Complaint.

205. As provided in Section 113(b) of the CAA, 42 U.S.C. § 7413(b), and pursuant to

the Federal Civil Penalties Inflation Adjustment Act of 1990, the violations set forth above

subject INEOS to injunctive relief and civil penalties of up to $32,500 per day for each violation

between March 16, 2004, and January 12, 2009; and up to $37,500 per day for each violation on

and after January 13, 2009.

EIGHTH CLAIM FOR RELIEF

42 U.S.C. § 7412; Subpart H: 40 C.F.R. § 63.181(g);

Title V: 42 U.S.C. § 7661a(a); 40 C.F.R. § 70.7(b);

Title V Permit No. 03-02-02-0015, Part III.A.III.14

Failure to Record Closed-Vent System Inspections

206. Plaintiff realleges and incorporates by reference Paragraphs 1 through 140 and

159 as if fully set forth herein.

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207. INEOS owns and operates the Acrylonitrile Process Unit which includes a system

composed of hard-piping, ductwork, connection, and a flow-inducing device that transports gases

or vapors from the Acrylonitrile Process Unit to a control device or back into the process. This

system is not open to the atmosphere and is a “closed-vent system” within the meaning of 40

C.F.R. § 63.161.

208. This system is subject to the standards for closed-vent systems and control devices

found in Subpart H, 40 C.F.R. § 63.172, and the recordkeeping requirements associated

therewith found in 40 C.F.R. § 63.181.

209. Subpart H requires that a closed-vent system consisting of hard piping have

annual visual inspections for visible, audible, or olfactory indications of leaks. 40 C.F.R.

§ 63.172(f)(1)(ii).

210. Subpart H requires that a facility create records of its closed-vent system

inspections. 40 C.F.R. § 63.181(g)(3).

211. The Facility’s Title V Permit requires the Facility to create records of inspections

conducted in accordance with 40 C.F.R. § 63.181. See Title V Permit No. 03-02-02-0015,

Part III.A.III.14 (page 499 of 609).

212. For at least calendar years 2004 and 2005, INEOS failed to create records of its

closed-vent system inspections.

213. INEOS’s failure, for at least calendar years 2004 and 2005, to create records of its

closed-vent system inspections are violations of Section 112 of the CAA, 42 U.S.C. § 7412, and

the implementing regulation at 40 C.F.R. § 63.181(g); Section 502 of the CAA, 42 U.S.C.

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§ 7661a, and the implementing regulations promulgated thereunder at 40 C.F.R. § 70.7(b); and

the Facility’s Title V Permit.

214. As provided in Section 113(b) of the CAA, 42 U.S.C. § 7413(b), and pursuant to

the Federal Civil Penalties Inflation Adjustment Act of 1990, the violations set forth above

subject INEOS to civil penalties of up to $27,500 per day for each violation between January 31,

1997, and March 15, 2004 and up to $32,500 per day for each violation between March 16, 2004,

and January 12, 2009.

NINTH CLAIM FOR RELIEF

42 U.S.C. § 7412; Subpart G: 40 C.F.R. § 63.113(a);

Title V: 42 U.S.C. § 7661a(a); 40 C.F.R. § 70.7(b); Facility’s Title V Permit;

Facility’s PTI No. 03-9227

Failure to Send Process Vent Stream to a Control Device

215. Plaintiff realleges and incorporates by reference Paragraphs 1 through 140 as if

fully set forth herein.

216. The Acrylonitrile Reaction and Absorption Section (P035) discharges a gas

stream.

217. This gas stream satisfies all of the characteristics of 40 C.F.R. § 63.107(b) - (h).

218. At the point of discharge to the atmosphere or point of entry to a control device,

this gas stream constitutes a process vent.

219. This process vent is subject to the process vent standards of 40 C.F.R. Part 63,

Subpart G.

220. The process vent standards provided INEOS with several alternative compliance

options. 40 C.F.R. § 63.113(a). For P035, INEOS elected to comply with the process vent

option found at 40 C.F.R. § 63.113(a)(2).

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221. INEOS utilized an Absorber Offgas Incinerator (“AOGI”) to comply with 40

C.F.R. § 63.113(a)(2). In doing so, INEOS was required to reduce emissions of total organic

HAPs by 98 weight-percent or to a concentration of 20 ppmv, whichever was less stringent. 40

C.F.R. § 63.113(a)(2).

222. The Facility’s PTI 03-9227 requires that the gas streams from the Acrylonitrile

Reaction and Absorption Section (P035) be “vented to a combustion device (AOGI) . . . .” 

Facility’s PTI 03-9227, Condition 2.E.3 (page 12 of 27).

223. The Facility’s Title V Permit requires that “emissions from [the P035] unit shall

be controlled by the use of a closed process vent system that is vented to the AOGI . . . .” 

Facility’s Title V Permit, Part III.A.I.2.e (page 493 of 609).

224. During at least the periods of July 3-4, 2006, July 17-18, 2006, and

November 5-6, 2008, INEOS failed to control emissions from the Acrylonitrile Reaction and

Absorption Section (P035) by failing to send these gas streams to the AOGI.

225. INEOS’s failure, during at least the periods of July 3-4, 2006, July 17-18, 2006,

and November 5-6, 2008, to send the process vent streams from the Acrylonitrile Reaction and

Absorption Section (P035) to the AOGI is a violation of Section 112 of the CAA, 42 U.S.C.

§ 7412, and the implementing regulation at 40 C.F.R. § 63.113(a)(2); Section 502 of the CAA,

42 U.S.C. § 7661a, and the implementing regulation at 40 C.F.R. § 70.7(b); the Facility’s Title V

Permit; Section 110 of the CAA, 42 U.S.C. § 7410, and the implementing regulation at 40 C.F.R.

§ 52.23; and the Facility’s PTI No. 03-9227.

226. As provided in Section 113(b) of the CAA, 42 U.S.C. § 7413(b), and pursuant to

the Federal Civil Penalties Inflation Adjustment Act of 1990, the violations set forth above

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subject INEOS to injunctive relief and civil penalties of up to $32,500 per day for each violation

between March 16, 2004, and January 12, 2009.

TENTH CLAIM FOR RELIEF

42 U.S.C. § 9603

Failure to Notify National Response Center in Violation of CERCLA 

227. Plaintiff realleges and incorporates by reference Paragraphs 1 through 12 and 89

through 93 as if fully set forth herein.

228. Section 103(a) of CERCLA, 42 U.S.C. § 9603(a), requires a person in charge of

an onshore or an offshore facility to immediately notify the National Response Center as soon as

that person has knowledge of any release of a hazardous substance from such facility in an

amount equal to or greater than the amount determined pursuant to Section 102 of CERCLA, 42

U.S.C. § 9602 (the "Reportable Quantity").

229. INEOS is “in charge of” the Facility, within the meaning of Section 103(a) of

CERCLA, 42 U.S.C. § 9603(a).

230. The Facility is an “onshore facility,” within the meaning of Section 103(a) of

CERCLA, 42 U.S.C. § 9603(a).

231. On several occasions since 2004, including without limitation, June 1, 2004,

September 26, 2004, and July 3-4, 2006, there were “releases,” within the meaning of Sections

103(a) and 101(22) of CERCLA, 42 U.S.C. §§ 9603(a), 9601(22), of “hazardous substances,”

within the meaning of Sections 103(a) and 101(14) of CERCLA, 42 U.S.C. §§ 9603(a),

9601(14), at the Facility. These hazardous substances included, without limitation, acrolein,

acrylonitrile, and hydrogen cyanide, and were released in an amount greater than their Reportable

Quantities.

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232. The releases were not “federally permitted releases” as that term is used in Section

103(a) of CERCLA, 42 U.S.C. § 9603(a), and 40 C.F.R. § 302.6, and defined in Section 101(10)

of CERCLA, 42 U.S.C. § 9601(10).

233. INEOS had knowledge within the meaning of Section 103(a) of CERCLA, 42

U.S.C. § 9603(a), of at least some, if not all, of the releases listed in Paragraph 231 at or about

the time the releases occurred.

234. INEOS failed to immediately notify the National Response Center of the releases

listed in Paragraph 231, for each of the hazardous substances released, as soon as it had

knowledge of the release within the meaning of Section 103(a) of CERCLA, 42 U.S.C.

§ 9603(a).

235. The acts or omissions referred to in the preceding paragraphs constitute violations

of Section 103(a) of CERCLA, 42 U.S.C. § 9603(a).

236. Pursuant to Section 109(c)(1) of CERCLA, 42 U.S.C. § 9609(c)(1), and pursuant

to the Federal Civil Penalties Inflation Adjustment Act of 1990, the violations set forth above

subject INEOS to civil penalties of up to $32,500 per day for each violation between March 16,

2004, and January 12, 2009; and up to $37,500 per day for each violation on and after

January 13, 2009. Additionally, in the case of a second or subsequent violation, INEOS is

subject to a civil penalty of up to $97,500 per day for each violation between March 16, 2004,

and January 12, 2009; and up to $107,500 per day for each violation on and after January 13,

2009.

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ELEVENTH CLAIM FOR RELIEF

42 U.S.C. § 11004(a) and (b)

Failure to Notify SERC in Violation of EPCRA

237. Plaintiff realleges and incorporates by reference Paragraphs 1 through 12 and 89

through 100 as if fully set forth herein.

238. Section 304(a) and (b) of EPCRA, 42 U.S.C. § 11004(a) and (b), requires the

owner and operator of a facility at which a hazardous chemical is produced, used, or stored, to

immediately notify the State Emergency Response Commission (“SERC”) of certain specified

releases of a hazardous or extremely hazardous substance.

239. INEOS is the “owner and operator” of the Facility, within the meaning of Section

304(a) and (b) of EPCRA, 42 U.S.C. § 11004(a) and (b).

240. The Facility is a “facility” at which “hazardous chemicals” are produced, used or

stored, within the meaning of Section 304(a) and (b) of EPCRA, 42 U.S.C. § 11004(a) and (b).

241. On several occasions since 2004, including without limitation, July 3-4, 2006,

there were “releases,” of “hazardous substances,” within the meaning of Section 304(a) and (b)

of EPCRA, 42 U.S.C. § 1104(a) and (b), at the Facility. These hazardous substances included,

without limitation, acrolein, acrylonitrile, and hydrogen cyanide, and were released in an amount

greater than the Reportable Quantity.

242. The releases required notice under 103(a) of CERCLA, 42 U.S.C. ' 9603(a).

243. The releases were not “federally permitted releases” as that term is used in

Section 103(a) of CERCLA, 42 U.S.C. § 9603(a), and 40 C.F.R. § 302.6, and defined in

Section 101(10) of CERCLA, 42 U.S.C. § 9601(10).

244. The State of Ohio was likely to be affected by the releases.

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245. INEOS had knowledge within the meaning of Sections 304(a) and (b) of EPCRA,

42 U.S.C. § 11004(a) and (b), of at least some, if not all, of the releases listed in Paragraph 241 at

or about the time the releases occurred.

246. INEOS failed to immediately notify the SERC (i.e., Ohio EPA) of the releases

listed in Paragraph 241, for each of the hazardous substances released, as soon as it had

knowledge of the release within the meaning of Section 103(a) of CERCLA, 42 U.S.C.

§ 9603(a).

247. The acts or omissions referred to in the preceding paragraphs constitute violations

of Section 304(a) and (b) of EPCRA, 42 U.S.C. § 11004(a) and (b).

248. Pursuant to Section 325(b)(3) of EPCRA, 42 U.S.C. § 11045(b)(3), and pursuant

to the Federal Civil Penalties Inflation Adjustment Act of 1990, the violations set forth above

subject INEOS to civil penalties of up to $32,500 per day for each violation between March 16,

2004, and January 12, 2009; and up to $37,500 per day for each violation on and after January

13, 2009. Additionally, in the case of a second or subsequent violation, INEOS is subject to a

civil penalty of up to $97,500 per day for each violation between March 16, 2004, and January

12, 2009; and up to $107,500 per day for each violation on and after January 13, 2009. 

TWELFTH CLAIM FOR RELIEF

42 U.S.C. § 11004(a) and (b)

Failure to Notify LEPC in Violation of EPCRA

249. Plaintiff realleges and incorporates by reference Paragraphs 1 through 12, 89

through 100, and 239 through 240 as if fully set forth herein.

250. Section 304(a) and (b) of EPCRA, 42 U.S.C. § 11004(a) and (b), requires the

owner and operator of a facility at which a hazardous chemical is produced, used, or stored, to

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immediately notify the Local Emergency Planning Commission (“LEPC”) of certain specified

releases of a hazardous or extremely hazardous substance.

251. On several occasions since 2004, including without limitation, June 1, 2004,

September 26, 2004, July 3-4, 2006, and July 17-18, 2006, there were “releases,” within the

meaning of Section 304(a) and (b) of EPCRA, 42 U.S.C. § 1104(a) and (b), at the Facility. 

These hazardous substances included, without limitation, acrolein, acrylonitrile, and hydrogen

cyanide, and were released in an amount greater than their Reportable Quantities.

252. The releases described in Paragraph 251 required notice under 103(a) of

CERCLA, 42 U.S.C. ' 9603(a).

253. The releases described in Paragraph 251 were not “federally permitted releases” as

that term is used in Section 103(a) of CERCLA, 42 U.S.C. § 9603(a), and 40 C.F.R. § 302.6, and

defined in Section 101(10) of CERCLA, 42 U.S.C. § 9601(10).

254. The area subject to the jurisdiction of the Allen County Emergency Management

Agency was likely to be affected by the releases.

255. INEOS had knowledge within the meaning of Sections 304(a) and (b) of EPCRA,

42 U.S.C. § 11004(a) and (b), of at least some, if not all, of the releases listed in Paragraph 251 at

or about the time the releases occurred.

256. INEOS failed to immediately notify the LEPC – the Allen County Emergency

Management Agency – of the releases listed in Paragraph 251, for each of the hazardous

substances released, as soon as it had knowledge of the release within the meaning of

Section 103(a) of CERCLA, 42 U.S.C. § 9603(a).

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257. The acts or omissions referred to in the preceding paragraphs constitute violations

of Section 304(a) and (b) of EPCRA, 42 U.S.C. § 11004(a) and (b).

258. Pursuant to Section 325(b)(3) of EPCRA, 42 U.S.C. § 11045(b)(3), and pursuant

to the Federal Civil Penalties Inflation Adjustment Act of 1990, the violations set forth above

subject INEOS to civil penalties of up to $32,500 per day for each violation between March 16,

2004, and January 12, 2009; and up to $37,500 per day for each violation on and after January

13, 2009. Additionally, in the case of a second or subsequent violation, INEOS is subject to a

civil penalty of up to $97,500 per day for each violation between March 16, 2004, and January

12, 2009; and up to $107,500 per day for each violation on and after January 13, 2009. 

PRAYER FOR RELIEF

WHEREFORE, based upon all the allegations contained in Paragraphs 1 through 258

above, the United States of America requests that this Court:

1. Permanently enjoin INEOS from operating its chemical manufacturing operations

at the Facility except in accordance with the CAA and any applicable regulatory requirements;

2. Order INEOS to remedy the Facility’s past violations of leak detection and repair

requirements by, among other things, complying with Section 112 of the CAA, 42 U.S.C.

§ 7412, and the implementing regulations in Subparts F, H, and JJJ, of Part 63 of Title 40 of the

Code of Federal Regulations;

3. Assess a civil penalty against INEOS of up to $27,500 per day for each violation

of the CAA, CERCLA, and EPCRA occurring between January 31, 1997, and March 15, 2004;

up to $32,500 for each violation occurring between March 16, 2004, and January 12, 2009; and

up to $37,500 per day for each violation occurring on and after January 13, 2009. Additionally,

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in the case of a second or subsequent violation of CERCLA and EPCRA, assess a civil penalty

against INEOS of up to $82,500 per day for each violation between January 31, 1997, and

March 15, 2004; up to $97,500 per day for each violation between March 16, 2004, and January

12, 2009; and up to $107,500 per day for each violation on and after January 13, 2009;

4. Award Plaintiff its costs of this action; and,

5. Grant such other relief as the Court deems just and proper.

Respectfully submitted,

/s/ Ignacia S. Moreno 

IGNACIA S. MORENO

Assistant Attorney General

Environment and Natural Resources Division

United States Department of Justice

/s/ Robert H. Smith 

ROBERT H. SMITH

Special Attorney

Environment and Natural Resources Division

United States Department of Justice

77 W. Jackson Blvd. (C-14J)

Chicago, IL 60604

(312) 886-0765

(312) 692-2011 (fax)

smith.roberth@epa.gov

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/s/ Annette M. Lang 

ANNETTE M. LANG

Trial Attorney

Environment and Natural Resources Division

United States Department of Justice

P.O. Box 7611

Ben Franklin Station

Washington, DC 20044-7611

(202) 514-4213

(202) 616-6584

annette.lang@usdoj.gov

STEVEN M. DETTELBACH 

United States Attorney

Northern District of Ohio

By: /s/ Angelita Cruz Bridges 

ANGELITA CRUZ BRIDGES (0072688)

Assistant United States Attorney

Northern District of Ohio

 Suite 308, Four Seagate Third Floor

 Toledo, OH 43604

(419) 259-6376

(419) 256-6360 (FAX)

angelita.bridges@usdoj.gov

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APPENDIX A

Complaint in US v. INEOS (N.D. of Ohio 2012)

Open-Ended Valves and Lines Not Equipped with Closure Devices – Fourth Claim

Year Process Unit Number of Open-Ended Lines

Acetonitrile Acrylonitrile Barex

2005 5 15 - 20

2007 23 144 23 190

2008 19 68 25 112

2009 4 44 32 80

2010 2 18 7 27

2011 - 1 3 4

Total 53 290 90 433

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