UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901 

### SEP 3 0

## 2009

CERTIFIED MAIL # 7006 2150 0001 4941 2260 RETURN RECEIPT REQUESTED

Mr. Pat Hyland Director ofEnvironmental Safety and Health ICL Performance Products LP 622 Emerson Road St. Louis, MO 63141 RE: ICL Performance Products Ontario Facility Self-Disclosure Dear Mr. Hyland: Enclosed is your copy ofthe Consent Agreement and Final Order ("CAFO") filed pursuant to section 113(d) ofthe Clean Air Act, 42 U.S.C. §§ 7401-7671q. Ifyou have any questions concerning the CAFO, please contact Joe Westersund, Enforcement Office, at 415-972-3841. Thank you for your cooperation in this matter. Sincerely,

# ~~btn,~ Deborah Jorda 

# dJ

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. Director, Air Di ision Enclosure

cc: Mr. William Wong (South Coast AQMD) Mr. John Collins (Husch Blackwell Sanders LLP)

Printed on Recycled Paper

### UNITED STATES ENVIRONMENTAL PROTECTION**AGE~~X,::'L;'** 

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### 75 Hawthorne Street San Francisco, CA 94105 IN THE MATTER OF: ) ) ICLPerformanceProducts LP,) DocketNo. CAA-09-2009- 

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### ) CONSENTAGREEMENT AND FINAL ORDER Respondent. ) 

### PURSUANT TO 40 C.F.R. 

### § 22.13(b) CONSENTAGREEMENT I. PRELIMINARY STATEMENT 1. Complainant, the U.S. Environmental Protection Agency, Region 9'("EPA") and ICL PerformanceProducts ("ICL" or "Respondent") enterinto this ConsentAgreement to settle all matters pertainingto this case, as describedbelow. 2. In a letter dated March 19,2009, Respondent disclosed to EPApotential violations of the CleanAirAct, 42 U.S.C. § 7401 et seq. ("CAA") at the Respondent's facility located at 810 E Main Street, Ontario, California 91761. In a letter dated August 14,2009 and 

### an email dated August 31, 2009, Respondentprovided additional information as requestedbyEPA. 

### II. JURISDICTIONIWAIVER OFRIGHT TO HEARING 3. This Consent Agreement is entered into pursuant to Section 113(d)(I) ofCAA and the "Consolidated Rules ofPractice Governing the AdministrativeAssessment ofCivil Penalties, Issuance ofCompliance orCorrective Action Orders, and the Revocation, Termination or Suspension ofPermits," 40 C.F.R. Part 22 (64 Fed. Reg. 40138, July23, 1999)("the Consolidated Rules"). 4. Section**22~** 13(b) ofthe Consolidated Rules provides that wheretheparties agree toICL Performance Products 2 Consent Agreement and Final Order settlement ofone or more causes ofaction before the filing ofa complaint, a proceeding may be simultaneously commenced and concluded by the issuance ofa consent agreement and final order. Respondent stipulates that EPAhasjurisdiction overthis matter. Respondent agrees not to contest EPA'sjurisdiction withrespect to execution ofthis Consent Agreement, issuance of the attached Final Order, orthe enforcement thereof. 40 C.F.R. § 22.18. 5. EPA notified Respondent and the State ofthe violation identified in Paragraph 11 below, by letters ofJuly 6, 2009, and August 14,2009, satisfying thejurisdictional criteria of Section 113(a)(1) ofthe CAA which provides that the Administrator shall notify the State and the Respondent ofsuch violation, at least thirty days prior to issuing an order, an administrative penalty order orbringing a civil action to comply with a state implementationplan ("SIP"). 6. Respondent hereby waives its right to request ajudicial or administrative hearing on any issue oflaw orfact set forth in this Consent Agreement and its right to appeal the proposed Final Order accompanying this Consent Agreement. 7. Respondent admits the facts stipulated to inthis Consent Agreement. 40 C.F.R. 

### § 22.18(b). 

### III. PARTIES BOUND 8. This Consent Agreement andthe attached Final Order apply to and are binding upon the parties hereto, their officers, agents, successors, and assigns. Any change in ownership or corporate status ofRespondent including, but not limited to, any transfer ofassets orreal or personal property shall not alter Respondent's responsibilities underthis Consent Agreement.\.

ICL Performance Products 3 Consent Agreement and Final Order 

### IV. STIPULATED FACTS 9. Respondent is headquartered in Missouri and is authorized to conductbusiness in California. 10. Respondent voluntarily provided EPA with information concerning an instance of failure to comply with CAA at the Respondent's facility. 11. Respondent constructed a baghouse and filter/receiver on or about February 4,2009, priorto obtaining the required permit to construct under South Coast Air Quality Management District ('SCAQMD") Rule 201. Rule 201 isfederally enforceable due to its inc,lusion in the California SIP. See 64 Fed.Reg. 25828 (May 13, 1999). Permits to construct for the baghouse and filter/receiver were subsequently granted by SCAQMD on March 24,2009. 12. Based on the information provided by Respondent, EPAhas determined that for the violation set forth in Paragraph 11 above, Respondent has met each ofthe following conditions set forth in the "Final Policy Statement on Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention ofViolations," 65 Fed. Reg. 19618, April 11,2000 ("Audit Policy").

a. The violation disclosed by Respondent was discovered through a voluntary internal self-audit conducted at its Facility as part ofits environmental compliance management system, which meets the criteria defined in Section II (B) ofthe Audit Policy. b. The violation disclosed by Respondent was identified voluntarily, not through a monitoring, sampling or auditing procedure required by statute, regulation, permit, orjudicial or administrative order orconsent agreement.

c. The violation was promptly disclosed within the twenty-one day time period from theICL Performance Products 4 Consent Agreement and Final Order date it was discovered. d. The violation at Respondent's facility was identified and disclosed priorto the commencement ofa federal, state, or local agency inspection, investigation, or information request, notice ofa citizen suit, legal complaint by a thirdparty, or imminent discovery by a regulatory agency.

e. Respondent has identified the steps the facility has taken to promptly correct the violation and to prevent a recurrence ofthe violation. f. According to ICL's March 19,2009 letter, the violation disclosed byRespondent or closelyrelated violations have not occurred previously within the pastthree years atthe same facility and are notpart ofa pattern ofviolations onthe part ofRespondent overthe past five years. g. The violation disclosed by Respondent has not resulted in serious actual harmto humanhealth ortheenvironment, norhas the violation presented an imminent and substantial endangermentto public health orthe environment. The violation did not result in any excess emissions beyond what is permittedby federal regulation. The violations at issue do not violate the specific terms ofanyjudicial or administrative order or consent agreement. h. Respondent has cooperated with EPA and provided the information necessary for the Agency to determine the applicability ofthe Audit Policy to its disclosure. 13. The economic benefit ofnon-compliance received byRespondent for the violation it disclosed was insignificant.

### ICL Performance Products 5 

### Consent Agreement and Final Order 

### V. CONCLUSIONS OF LAW 14. Respondent is a "person" subjectto the requirements ofSection 1l3(d)( 1) ofCAA. 15. Based on the information provided by Respondent in its letters dated March 19, 2009, and August 14, 2009, email dated August 31, 2009, and information developed by EPA, EPA makes the following determination concerning the potential violations identified to EPAby Respondent: 16. Respondent violated SCAQMD Rule 201 which requires facilities to obtain permits priorto beginning construction. 

### VI. PENALTIES 17. Based on the information provided by Respondent in letters dated March 19,2009 and August 14,2009, and email dated August 31, 2009, EPA has determined that Respondent / 

### has met all ofthe conditions ofthe Audit Policy and qualifies for a 100 percentreduction in the gravity-based component ofthe civil penalty for the selfdisclosure identified in Paragraph 11 above. Therefore, EPA will not assess a gravity-based civil penalty against Respondent concerning this violation. 18. EPA has determined that insignificant economic benefit ofnoncompliance has accrued to Respondent as a result ofthe violation identified in Paragraph 11 above. Therefore, EPAwill assess no penalty for the economic benefit ofnoncompliance with CAA. 

### VII. CERTIFICATION 19. By signing this Consent Agreement, Respondent certifies that it is currently in compliance with SCAQMD permitto constructregulations under Rule 201. Respondent agreesICL Performance Products 6 Consent Agreement and Final Order to undertake all necessary actions to continue the internal procedures,to prevent recurrences of violations ofsuch environmental requirements. 20. By signing this Consent Agreement, Respondent certifies thatthe information it has supplied concerning this matter was at the time ofsubmission, and is, truthful, accurate, and complete for each such submission, response and statement. Respondent realizes that there are significantpenalties for submitting false ormisleading information, including criminal penalties for knowing submission ofsuch information. 18 U.S.C. 

### § 1001. 21. EPA reserves the right to revoke this Consent Agreement and accompanying settlement penalty ifand to the extent that any information or certification providedby Respondent, upon which any civil penalty mitigation granted herein for suchviolation was based,

was materially false orinaccurate at the time such information or certification was provided to EPA, and EPA**reserv~s** the right to assess and collect any and all civil penalties for any violation described herein. Such revocation shall be in writing and shall become effective upon receipt by Respondent. 22. This Consent Agreement and the accompanying Final Order resolve only those civil claims specified in paragraph 11 above. Nothing herein shall be construed to limit the authority ofEPA and/orthe United States to undertake action against any,person, including the Respondent, inresponse to any condition which EPA or the United States determines may present an imminent and substantial endangerment to the public health, welfare orthe environment, enforcement actions for CAA violations not addressed by this CAFO, nor shall anything in this Consent Agreement orthe accompanying Final Orderbe construed to resolve,ICL Performance Products 7 Consent Agreement and Final Order and the United States reserves its authority to pursue, criminal sanctions against Respondent. Further, this CAFO does not limit enforcement actions under laws administered by state orlocal authorities. 

### VIII. EFFECT OF SETTLEMENT 23. This Consent Agreement, upon incorporation into a Final Order by the EPA Region 9 Judicial Officer and full satisfaction by the parties, shall be a complete and full civil settlement of· the specific violation set forth in Section V, above. 24. The provisions ofthis Consent Agreement and Final Order shall be binding upon Respondent, its agents, successors or assigns. 25. Respondent's obligations underthis Consent Agreement, ifany, shall end when Respondent has performed all ofthe terms ofthe Consent Agreement in accordance with the Final Order. 26. Each party to this Consent Agreement shall bear its own costs for this matter, including any costs and attorneys fees associated with any past, present, or future proceedings. 

### IX. EFFECTIVE DATE 27. Respondent and EPA agree to issuance ofthe attached Final Order. Upon filing, EPA will transmit a copy ofthe filed Consent Agreement to the Respondent. This Consent Agreement and the attached Final Order shall become effective upon execution ofthe Final Orderby the EPA Region 9 Judicial Officer and filing with the Hearing Clerk.ICL Perfonnance Products 8 ConsentAgreement and Final Order

# ,~**paf~Ufd**

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# V~,~· DirectorofEnvironmental Safety and Health f" ICL Perfonnance Products LP

For Complainant: The foregoing Consent Agreement is Hereby Stipulated, Agreed, and Approved for Entry: ForRespondent:

.

eborahJordan irector, AirDivision Dat EPARegion 9

### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105

IN THE MATTER OF: ) ) 

### ICL Performance Products. ) DocketNo. CAA-9-2009- 

### 0 C)

## A**~** ) ) 

### Respondent. )



### FINAL ORDER Pursuant to 40 C.F.R. §22.18(b) ofEPA's Consolidated Rules ofPractice, 64 Fed. Reg. 40138 (July 23, 1999), and Section 113(d)(l) ofthe Clean Air Act (CAA); the Consent Agreement resolving this matter is hereby approved and incorporated by reference into this Final Order. It

### is hereby ordered that: Respondent shall comply with all ofthe terms ofthe Consent Agreement, incorporated herein by reference, and with the requirements set forth in the CAA and regulations thereunder;

0 

### So Ordered, this 

### 3 day of

# ~ber ,2009.

STEVEN JAWGIEL Regional Judicial Offi r U.S. Environmental Protection Agency, Region IXCERTIFICATE OF SERVICE 

### I certify that the original and one copy ofthe foregoing Consent Agreement and Final Order was hand-delivered to: The Regional Hearing Clerk United States Environmental Protection Agency, Region IX 75 Hawthorne St San Francisco, California 94105-3901 And that a true and correct copy ofthe Consent Agreement and Final Orderwas placed in the United States Mail, certified mail, return receipt requested, addressed to the following party: PatHyland Director ofEnvironmental Safety and Health ICL Performance Products LP 622EmersonRoad StLouis, MO 63141 Certified Return ReceiptNo. 700621500001 4941 2260

John Collins Husch Blackwell Sanders LLP 190 Carondelet Plaza, Suite 600 St Louis, MO 63105 Certified Return Receipt No. 700908200001 36465922

Dated: 

# n**By:~~~~'::::36.....~~~-=-- ~egio**  al Hearing Clerk Office ofRegional Counsel United States Environmental Protection Agency Region IX San Francisco, CA 94105