The United States, at the request of the U.S. Environmental Protection Agency (EPA), filed a suit against Hydrite Chemical Co. for supposed violations of the Clean Air Act (CAA) on Oct. 15 in the Western District of Wisconsin. The filing claims that Hydrite’s Cottage Grove, Wis, facility failed to comply with state and federal regulatory requirements relating to emissions control. The seven-count complaint seeks injunctive relief and the assessment of civil penalties.
According to the filing, Hydrite owns and operates a chemical blending and manufacturing facility that emits air pollutants regulated under the CAA, including volatile organic compounds (VOCs) and hazardous air pollutants (HAPs). It is also a Resource Conservation and Recovery Act licensed facility that manages hazardous waste material generated off-site. Hydrite’s chemical facility reportedly first acquired an operating permit in 1999 and has since obtained five, with the latest issued in May 2019.
The complaint explains that the EPA conducted a leak detection and repair (LDAR) inspection in April 2017, as well as a review of the facility’s records. EPA staff re-inspected Hydrite’s facility in March 2019, and through both investigative actions, identified several violations of the CAA in addition to state requirements, embodied in Wisconsin’s State Implementation Plan.
The complaint contends that Hydrite failed to monitor carbon canister control devices for tanks at the facility and to replace them when they became ineffective. Relatedly, the plaintiff accuses Hydrite of failing to meet LDAR requirements, like monitoring and inspecting pressure relief devices and closed vent systems for tanks and transfer systems. The complaint specifically notes that closure devices over tank roofs were not secured, causing emission leakage from those tanks and associated transfer systems.
Hydrite also allegedly failed to meet reporting requirements. One, it did not update its written plan for calculating the facility’s VOC and HAP emissions, and two, during 2015 and 2016, it failed to include fugitive emissions losses in its facility-wide totals, the plaintiff argues. Fugitive emission leaks were also improperly detected and monitored, according to the filing. The plaintiff avers that the facility emitted more than its operating permit limit, 25 tons of HAPs per year, from at least 2014 to 2017, in addition to several other HAP-related violations.
The United States seeks an order requiring Hydrite to operate its facility in accordance with the CAA and to remediate its past and ongoing violations by “requiring Hydrite to utilize improved emissions monitoring methods and emissions controls for VOCs and HAPs.” The plaintiff also asks the court to assess civil penalties against Hydrite, and for the recovery of its litigation expenses.
The United States is represented by the Environment and Natural Resources Division of the U.S. Department of Justice.
