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 of Environmental 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) of the Clean Air Act, 42 U.S.C. §§ 7401-7671q. If you 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 ­ . 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;' ,', .'... '", IX 


REGION IX /'\l:..'.:J!0hi·,i , - ·c';· t I~'i',;"(; 1'1 Cl:"'­ "_•• ~ 't!~~ v_L \1\ 

75 Hawthorne Street 

San Francisco, CA 94105 

IN THE MATTER OF: ) 

) 

ICL Performance Products LP,) Docket No. CAA-09-2009- b(J ~ 

) 

) CONSENT AGREEMENT AND FINAL ORDER 

Respondent. ) PURSUANT TO 40 C.F.R. § 22.13(b) 

CONSENT AGREEMENT 

I. PRELIMINARY STATEMENT 

1. Complainant, the U.S. Environmental Protection Agency, Region 9'("EPA") and ICL 

Performance Products ("ICL" or "Respondent") enter into this Consent Agreement to settle all 

matters pertaining to this case, as described below. 

2. In a letter dated March 19,2009, Respondent disclosed to EPA potential violations of 

the Clean Air Act, 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, Respondent provided additional information as requested by EPA. 

II. JURISDICTIONIWAIVER OF RIGHT TO HEARING 

3. This Consent Agreement is entered into pursuant to Section 113( d)(I) ofCAA and the 

"Consolidated Rules of Practice Governing the Administrative Assessment ofCivil Penalties, 

Issuance ofCompliance or Corrective Action Orders, and the Revocation, Termination or 

Suspension ofPermits," 40 C.F.R. Part 22 (64 Fed. Reg. 40138, July 23, 1999)("the 

Consolidated Rules"). 

4. Section 22~ 13(b) ofthe Consolidated Rules provides that where the parties agree to 
ICL Performance Products 2 

Consent Agreement and Final Order 

settlement of one or more causes of action before the filing of a complaint, a proceeding may be 

simultaneously commenced and concluded by the issuance of a consent agreement and final 

order. Respondent stipulates that EPA has jurisdiction over this matter. Respondent agrees not 

to contest EPA's jurisdiction with respect to execution ofthis Consent Agreement, issuance of 

the attached Final Order, or the enforcement thereof. 40 C.F.R. § 22.18. 

5. EPA notified Respondent and the State ofthe violation identified in Paragraph 11 

below, by letters of July 6, 2009, and August 14,2009, satisfying the jurisdictional criteria of 

Section 1 13(a)(1 ) of the CAA which provides that the Administrator shall notify the State and 

the Respondent of such violation, at least thirty days prior to issuing an order, an administrative 

penalty order or bringing a civil action to comply with a state implementation plan ("SIP"). 

6. Respondent hereby waives its right to request a judicial or administrative hearing on 

any issue of law or fact 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 in this Consent Agreement. 40 C.F.R. 

§ 22.18(b). 

III. PARTIES BOUND 

8. This Consent Agreement and the 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 of Respondent including, but not limited to, any transfer of assets or real or 

personal property shall not alter Respondent's responsibilities under this Consent Agreement. 
\. 

ICL Performance Products 3 

Consent Agreement and Final Order 

IV. STIPULATED FACTS 

9. Respondent is headquartered in Missouri and is authorized to conduct business 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, 

prior to obtaining the required permit to construct under South Coast Air Quality Management 

District ('SCAQMD") Rule 201. Rule 201 is federally 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, EPA has 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 of its 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, or judicial or 

administrative order or consent agreement. 

c. The violation was promptly disclosed within the twenty-one day time period from the 
ICL Performance Products 4 

Consent Agreement and Final Order 

date it was discovered. 

d. The violation at Respondent's facility was identified and disclosed prior to the 

commencement of a federal, state, or local agency inspection, investigation, or information 

request, notice of a citizen suit, legal complaint by a third party, 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 of the violation. 

f. According to ICL's March 19,2009 letter, the violation disclosed by Respondent or 

closely related violations have not occurred previously within the past three years at the same 

facility and are not part of a pattern of violations on the part ofRespondent over the past five 

years. 

g. The violation disclosed by Respondent has not resulted in serious actual harm to 

human health or the environment, nor has the violation presented an imminent and substantial 

endangerment to public health or the environment. The violation did not result in any excess 

emissions beyond what is permitted by federal regulation. The violations at issue do not violate 

the specific terms of any judicial 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 of non-compliance received by Respondent 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" subject to the requirements of Section 1l3(d)(1) of CAA. 

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, 

EP A makes the following determination concerning the potential violations identified to EPA by 

Respondent: 

16. Respondent violated SCAQMD Rule 201 which requires facilities to obtain permits 

prior to 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 of the conditions ofthe Audit Policy and qualifies for a 100 percent reduction in the 

gravity-based component ofthe civil penalty for the self disclosure 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 of noncompliance has 

accrued to Respondent as a result ofthe violation identified in Paragraph 11 above. Therefore, 

EPA will assess no penalty for the economic benefit of noncompliance with CAA. 

VII. CERTIFICATION 

19. By signing this Consent Agreement, Respondent certifies that it is currently in 

compliance with SCAQMD permit to construct regulations under Rule 201. Respondent agrees 
ICL Performance Products 6 

Consent Agreement and Final Order 

to undertake all necessary actions to continue the internal procedures, to prevent recurrences of 

violations of such environmental requirements. 

20. By signing this Consent Agreement, Respondent certifies that the information it has 

supplied concerning this matter was at the time of submission, and is, truthful, accurate, and 

complete for each such submission, response and statement. Respondent realizes that there are 

significant penalties for submitting false or misleading information, including criminal penalties 

for knowing submission of such information. 18 U.S.C. § 1001. 

21. EPA reserves the right to revoke this Consent Agreement and accompanying 

settlement penalty if and to the extent that any information or certification provided by 

Respondent, upon which any civil penalty mitigation granted herein for such violation was based, 

was materially false or inaccurate 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 

of EP A and/or the United States to undertake action against any,person, including the 

Respondent, in response to any condition which EPA or the United States determines may 

present an imminent and substantial endangerment to the public health, welfare or the 

environment, enforcement actions for CAA violations not addressed by this CAFO, nor shall 

anything in this Consent Agreement or the accompanying Final Order be 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 or local 

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 under this Consent Agreement, if any, shall end when 

Respondent has performed all of the terms of the 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 

Order by the EPA Region 9 Judicial Officer and filing with the Hearing Clerk. 
ICL Perfonnance Products 8 

Consent Agreement and Final Order 

,~ paf~Ufd _V~,~· Director ofEnvironmental Safety and Health 

f" ICL Perfonnance Products LP 

For Complainant: 

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

For Respondent: 

eborah Jordan .

irector, Air Division 

Dat 

EPA Region 9 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 


REGION IX 


75 Hawthorne Street 


San Francisco, CA 94105 


IN THE MATTER OF: ) 


) 

ICL Performance Products. ) Docket No. CAA-9-2009- 0 C) A ~ 

) 

) 

Respondent. ) 

FINAL ORDER 

Pursuant to 40 C.F.R. §22.18(b) ofEPA's Consolidated Rules of Practice, 64 Fed. Reg. 

40138 (July 23, 1999), and Section 113( d)(l) of the 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 of the terms of the Consent Agreement, incorporated 

herein by reference, and with the requirements set forth in the CAA and regulations thereunder; 

So Ordered, this 3 0 day of ~ber ,2009. 

STEVEN JA WGIEL 

Regional Judicial Offi r 

U.S. Environmental Protection Agency, Region IX 
CERTIFICATE OF SERVICE 

I certify that the original and one copy of the 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 Order was placed in the 

United States Mail, certified mail, return receipt requested, addressed to the following party: 

Pat Hyland 

Director of Environmental Safety and Health 

ICL Performance Products LP 

622 Emerson Road 

St Louis, MO 63141 

Certified Return Receipt No. 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: 

nBy:~~~~'::::36.....~~~-=-- ~egio al Hearing Clerk 

Office of Regional Counsel 

United States Environmental Protection Agency 

Region IX 

San Francisco, CA 94105