Rhodia Negotiates Consent Decree with USEPA to Resolve New Source Review Air Issues
27 April 2007 - 6:43AM
Business Wire
Specialty chemical producer Rhodia Inc. (NYSE:RHA) has negotiated a
consent decree with the U.S. Department of Justice and the U.S.
Environmental Protection Agency and three states to resolve New
Source Review (NSR) and New Source Performance Standards (NSPS)
permitting issues associated with the company�s sulfuric acid
facilities. Up to 92 percent of sulfur dioxide (SO2) emissions will
be eliminated at four newly abated facilities, while the other four
previously-abated facilities will contribute further emission
reductions averaging 52 percent. When fully implemented, the sulfur
dioxide air emissions from these facilities will be one-half of the
levels allowed under the NSPS for new sulfuric acid plants,
eliminating more than 19,000 tons per year of emissions overall.
The consent decree requires Rhodia to achieve these lower air
emission limits by 2014, including interim, plant-specific targets.
By abating the largest emitting units first, Rhodia will achieve
two-thirds of the required emissions reductions within the next
four years. The agreement also requires new measures to ensure
continuous emission monitoring. The consent decree resolves EPA�s
allegations that Rhodia may have violated NSR or NSPS rules at one
or more of its sulfuric acid facilities. Rhodia will pay a penalty
of $2 million. The consent decree affects eight production units at
six sites in Texas, Louisiana, California and Indiana. Four of the
eight units (Hammond, IN.; Baytown, TX.; Dominguez and Martinez,
CA) already employ state-of-the-art emissions control equipment and
operate with emissions well below the NSPS levels. These sites,
nevertheless, will soon operate with still lower permit limits and
add new, continuous emission monitoring systems. The two production
units at each of the Houston and Baton Rouge sites will undergo
more significant modifications. �Best Available Control Technology�
(BACT) will be installed on each of the four units to reduce SO2
emissions to about one-half the NSPS. The new abatement systems
will be installed beginning with the largest unit at Houston. One
unit will be completed about every 21 months until all four units
are abated by 2014. This schedule allows Rhodia to accomplish the
emissions reductions objectives and ensure reliability of supply to
its sulfuric acid customers. Considering that Rhodia�s four
facilities that are not already abated for SO2 emissions predate
the NSR and NSPS programs, Rhodia believed they were not �new
sources,� and were previously unaffected by the NSR and NSPS
programs. However, EPA�s rules in this area are highly complex and
have been subject to varying interpretations over the years by both
industry and EPA. In fact, the disagreement on these issues has
spawned extensive litigation around the country which continues to
this day. Unfortunately, the courts have not been able to resolve
the issues on a national level in any meaningful way. Recognizing
the financial, operational and legal uncertainty associated with
contesting EPA�s current interpretation, Rhodia chose instead to
negotiate the consent decree. The negotiated settlement achieves
significant environmental benefits, over specific timeframes, and
allows the company to manage these emission abatement projects in a
way that ensures continued reliable service to sulfuric acid
customers. James Harton, president of Rhodia Inc. and its Eco
Services enterprise which operates the plants, said the company has
always believed its plants were in compliance with NSR and NSPS
requirements. Nevertheless, �we came to what we believe is a
balanced solution that resolves highly complex and controversial
compliance issues while allowing us to move forward with
improvements at our plants in a reasonable timeframe, without
disrupting the business. The consent decree clearly improves air
quality and allows Rhodia to maintain its leadership in sulfuric
acid markets.� Rhodia�s sulfuric acid plants utilize regeneration
technology to sustainably produce one of the most widely used
chemicals employed in refineries and many other industrial and
manufacturing applications. Refiners use sulfuric acid as a
catalyst to produce alkylate, a key component of high-octane
gasoline. During alkylate production, the sulfuric acid accumulates
by-product impurities that diminish its catalytic capacity. The
used or �spent� sulfuric acid is returned to Rhodia plants where it
is decomposed and impurities are removed. This purified or
regenerated acid is then returned to refineries and other customers
for use in a continuous, sustainable loop. Beyond petroleum
refiners, Rhodia Eco Services supplies fresh (non-regenerated) acid
for other industrial applications including petrochemicals,
plastics, solvents, cleaning agents and other industrial uses where
reliability of supply is a significant requirement. Rhodia is a
global specialty chemicals company recognized for its strong
technology positions in Performance Materials, Functional Chemicals
and the Organics and Services clusters. Partnering with major
players in the automotive, electronics, pharmaceuticals,
agrochemicals, consumer care, tires, refining, and paints and
coatings markets, Rhodia offers tailor-made solutions combining
original molecules and technologies to respond to customers� needs.
Rhodia subscribes to the principles of Sustainable Development,
communicating its commitments and performance openly with
stakeholders. Rhodia generated sales of 4.8 billion euros in 2006
and employs around 16,000 people worldwide. Rhodia is listed on
Euronext Paris and the New York Stock Exchange.
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