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Compliance

A Notice of Violation (NOV) issued by South Coast AQMD is used to inform a business that it is out of compliance with applicable South Coast AQMD rule requirements, permit conditions or legal requirements, or with applicable state or federal air pollution regulations. Each day (or part of a day) that a facility is in violation, is a separate violation, and subjects the facility to civil penalties.

South Coast AQMD issued several NOVs to Quemetco in 2017, 2018 and 2019. These violations were settled for $600,000 on April 30, 2020. The penalty money was deposited into South Coast AQMD’s general fund. Two violations involved single-day lead and arsenic emissions that exceeded rule limits. The single day emissions exceedances occurred from a piece of equipment being repaired outside the decontamination area and from maintenance performed at the facility’s wastewater treatment plant. As a result, the facility was required to reduce operations for 30 days following the events. Another violation was related to a power outage that resulted in monitoring and measurements gauges going offline and a loss of negative pressure in the building enclosure. There was also a violation for not accurately reporting its emissions of oxides of sulfur. Last, there were two violations related to failed source tests for 1,3 butadiene from the wet electrostatic precipitator.

In resolving NOVs, South Coast AQMD is required to take into account all relevant circumstances, including but not limited to:

  • The extent of harm caused by the violation;

  • The nature and persistence of the violation;

  • The length of time over which the violation occurs;

  • The frequency of past violations;

  • Any action taken by the facility, including the nature, extent, and time of response of the cleanup and construction undertaken, to mitigate the violation; and

  • The financial burden to the business.

The tables below list compliance actions related to Quemetco in the last ten years. A Notice to Comply (NC) is typically issued for requesting additional information that is needed to determine compliance or to correct a minor violation, such as not posting a permit or providing records. There are no fines associated with an NC if the facility complies in a timely manner. Notices of Violation are issued when a facility has failed to comply with rule or permit requirements and are often emission related. Details are available in F.I.N.D.:

Notices to Comply (NCs)

Notice No. Issue Date Rule Number Description

D04827

10/1/2010

H&S Code 42303

Provide the following: Continuous Emissions Monitoring System data from August to October 2009, gas certifications, a detailed explanation of why daily mass emission reports for 5/8/09 were late, monthly & daily fuel meter readings & usage, monthly NOx emission calculations, quarterly fuel records.

D04828

10/1/2010

2012, 2004, 2011

Make correction to Continuous Emissions Monitoring System software to properly calculate the mass emissions of SOx & submit recalculated mass emissions of SOx for 10/6/08-12/31/09. Fix calendar year 2010 as well & recertify the necessary Quarterly Certification of Emissions Report, correct Data Acquisition System software to identify issues on attachment.

D04832

12/2/2010

2012, 2004

Submit accurate Annual Permit Emissions Program in year 2010 and subsequent compliance years. Submit accurate Quarterly Certification of Emissions Report in compliance year 2010 and subsequent compliance years.

D04834

2/3/2011

H&S Code 42303

Provide 15 minute & hourly Continuous Emissions Monitoring System data from the WESP & Kettle units for: January to July and November to December of 2009.

E22653

11/6/2013

1420

Submit revised monthly ambient air monitoring reports for the period of July 2011 through September 2013 including the 30-day averages for each day and each sampler within the same reporting period.

E29260

2/27/2015

H&S Code 42303

Provide copies of all photographs taken during the inspection on 2/19/15.

E29267

7/2/2015

H&S Code 42303

Provide the modeling files used at AERMET to create the met files used in AERMOD.

E32559

9/15/2015

H&S Code 42303

Provide the following dates: start of installation, completion of installation, and the first date of operation after installation of the puff chamber to RTO.

E19499

10/5/2015

H&S Code 42303

Provide proof of a revised notification and revised mitigation plan per Rule 1420.1 prior to any more maintenance activities in the main parking lot and outdoor maintenance area (South Yard).

E37832

12/22/2016

42303

Provide Continuous Emissions Monitoring System (CEMS) data for all major sources for calendar year 2015 including 1-min data for 12/1/15. Provide records including: Two most recent RATA reports, CEMS certification letter, percent availability report, natural gas usage and emissions calculation spreadsheets; engine operating logs & maintenance records, updated QCERs, and a list of all source tests performed.

E28733

1/31/2017

2012 APPEN A

Use RECLAIM Missing Data Procedures to obtain fuel usage for LGS when valid data is not obtained.

E36751

5/18/2017

1420.1

Submit a complete Compliance Plan per Rule 1420.1(g)(3)

E09436

6/13/2018

2012, 2011

Report SOx emissions from Rule 219 exempt equipment to the District Central Station by the end of quarterly reconciliation. Report NOx emissions from Rule 219 exempt equipment to the District Central Station by the end of quarterly reconciliation.

E39273

4/18/2019

1420.1

Submit a complete Compliance Plan pursuant to Rule 1420.1(g)(3)



Notices of Violation (NOVs)

Notice No. Issue Date Violation Date Rule(s) Description

P49163

2/23/2012

1/1/2010

2004

Failed to reconcile quarterly NOx emissions in the third and fourth quarters. NOx emissions from the beginning of the 2010 compliance year through the end of the last quarter exceeded the annual NOx emissions allocation in effect at the end of the reconciliation periods for those quarters.

P61067

5/16/2014

4/5/2014

3002

Failed to operate all equipment at a Title V facility in compliance with all terms, requirements and conditions specified in the Title V permit.

P49173

7/31/2014

7/23/2014

1420.1

Failed to operate all equipment at a Title V facility in compliance with all terms, requirements and conditions specified in the Title V permit.

P61071

11/5/2014

9/10/2014

3002

Discharging arsenic emissions into the atmosphere that exceeded 10.0 nanograms per cubic meter averaged over a 24-hr time period at monitoring station #1.

P61079

6/12/2015

3/25/2015

1420.1

Violation of benzene hourly limit based on source test #15-323 conducted by South Coast AQMD on 3/25/15.

P61080

6/12/2015

5/6/2015

1420.1

Violation of benzene hourly limit based on source test #15-325 conducted by South Coast AQMD on 5/6/15 and 5/7/15.

P61081

6/12/2015

5/12/2015

1420.1

Violation of benzene hourly limit based on source test #15-325 conducted by South Coast AQMD on 5/12/15.

P52406

9/18/2015

6/1/2015

201, 3002

Failure to obtain a Title V permit revision prior to constructing/modifying Regenerative Thermal Oxidizer C161 by adding a puff chamber.

P64402

12/10/2015

4/1/2013

2012 APPEN A, CH

Operating a fuel meter for RECLAIM NOx large source D165 that was not non-resettable and tamper proof

P52418

7/14/2017

5/3/2017

1420.1

Failure to notify of an unplanned shutdown of an emission control device. Discharging ambient air concentrations of lead and arsenic in excess of limit at fenceline monitoring station #2.

P52420

2/8/2018

11/1/2017

1420.1

Discharge arsenic emissions into the atmosphere that exceeded 10 nanograms per cubic meter averaged over a 24-hr time period monitoring station #1.

P64422

6/13/2018

4/25/2017

2004

Facility submitted an inaccurate Quarterly Certification of Emissions Report for the 1st quarter of compliance year 2017 for Major Source and total SOx emissions.

P67052

7/27/2018

5/3/2017

1420.1, 40 CFR

Failure to maintain continuous negative pressure for enclosures. Failure to maintain continuous operation of enclosure digital differential pressure monitoring systems. Exceeding 1,3-butadiene lbs/hr limit during November 2017 source testing.

P67053

10/17/2018

6/18/2018

1420.1, 3002

Exceeding 0.00342 pounds of 1.3-butadiene per hour from the WESP stack (5159)- testing date 6/18/18. Failure to submit report for source testing conducted pursuant to subdivision (k) to the South Coast AQMD in 90 days or less after completion of testing.

P67054

4/25/2019

4/15/2019

63SUBPARTX, 1420.1

Fenceline exceedances of arsenic and lead at fenceline monitoring system #4. Failure to perform all maintenance activities that could generate lead dust in a manner that minimizes emissions of fugitive dust.

P67058

7/23/2020

7/7/2020

1420.1, 3002(C)(1), 40CFR

Failure to continuously maintain total enclosure at a negative pressure of at least 0.02mm of Hg. Failure to ventilate the total enclosure continuously to ensure negative pressure values of at least 0.013mm of Hg. Failure to operate equipment at a Title V facility in compliance with permit conditions.

 








6/13/2018

6/13/2018




9/15/2015

9/15/2015



4/5/2014


7/31/2014



Violation of benzene hourly limit based on source test #15-323 conducted by South Coast AQMD on 3/25/15.

Violation of benzene hourly limit based on source test #15-323 conducted by South Coast AQMD on 3/25/15.

Violation of benzene hourly limit based on source test #15-323 conducted by South Coast AQMD on 3/25/15.





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