EPA v. ARKWRIGHT INC.

Case summary

ARKWRIGHT OPERATES A PAPER AND FABRIC COATING FACILITY IN FISKEVILLE, RI IN VIOLATION OF THE STATE IMPLEMENTATION PLAN ( SIP ) FOR RI. THE FACILITY IS VIOLATING THE EMISSION LI- MIT FOR VOLATILE ORGANIC COMPOUNDS ( VOC ) CONTAINED IN RI'S AIR POLLUTION CONTROL REG #19: CONTROL OF VOLATILE ORGANIC COMPOUNDS FROM SURFACE COATING OPERATIONS. EPA HAS NOT AC- CEPTED THE SOURCE'S ARGUMENT THAT THE REQUIREMENT TO MEET THIS LIMIT IS ECONOMICALLY AND TECHNICALLY INFEASIBLE. RHODE ISLAND IS A PRIMARY NONATTAINMENT ARE FOR VOC WITH NO EXTENSION UNTIL 1987, SO A FEDERAL ENFORCEMENT ACTION WITH A CASH PENALTY IS MANDATORY IN THIS CASE PURSUANT TO EPA POLICY. . <CAUSE OF ACTION> ARKWRIGHT HAS BEEN VIOLATING SIP REG #19 VOC EMISSION LIM- IT (2.9LBS VOC/GAL COATING- LESS WATER) SINCE 7/1/85. AT PRESENT, NONE OF ITS COATING LINES HAVE CONTROL EQUIPMENT INSTALLED AND USE OF THE COATINGS UNCONTROLLED VIOLATES THE EMISSION LIMIT IN REG #19. REG #19 PROVIDES THAT THE COMPLIANCE DATE OF 7/1/85 MAY BE EXTENDED 2 YEARS AT A TIME ON A CASE-BY-CASE BASIS IF THE SOURCE DEMONSTRATES THAT NEITHER COATING REFORMULATION NOR CONTROL EQUIPMENT IS ECONOMICALLY AND TECHNICALLY FEASIBLE. (REG. #19 IS EPA-APPROVED UNDER THE RHODE ISLAND SIP.) ARKWRIGHT HAS SOUGHT TO MAKE A DEMONSTRATION THAT IT IS ECONOMICALLY AND TECHNICALLY INFEASIBLE TO MEET THE EMISSION LIMIT IN THE RHODE ISLAND SIP.THE STATE AND ARKWRIGHT HAVE ENTERED INTO A STATE ADMINISTRATIVE AGREEMENT WHICH REQUIRES ARKWRIGHT TO SHUT DOWN ONE LINE & INSTALL CONTROL EQUIPMENT ON ANOTHER BY 6/30/87. IT LEAVES THE OTHER TWO LINES UNCON- TROLLED, HOWEVER, AND GIVES ARKWRIGHT UNTIL AT LEAST 6/88 TO TRY TO REFORMULATE WITH NO REQUIREMENT TO INSTALL CONTROLS IF REFORMULATION EFFORTS FAIL. . EPA AND RHODE ISLAND AGREE THAT IF RHODE ISL. DECIDES IT IS NOT ECONOMICALLY OR FEASIBLY POSSIBLE FOR A SOURCE TO ACHIEVE THE REG #19 EMISSION LIMIT AND THEN RELAXES THAT SOURCE'S EMISSION LIMIT FOR 2 YEARS, THE ALTERNATE RACT IS NOT PART OF THE SIP UNTIL IT IS APPROVED BY EPA. EPA HAS NOT APPROVED ARKWRIGHT'S ALTERNATE RACT. THAT EPA MUST APPROVE ALTERNATE RACT DETERMINATIONS IS NOT CLEAR FROM THE FACE OF THE REG., HOWEVER, AND ARKWRIGHT MAINTAINS THAT EPA NEED NOT DO SO IN ORDER FOR THE ALTERNATE RACT TO BECOME PART OF THE SIP. . ON ITS FACE, REG #19 GRANTS THE DIRECTOR OF THE RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (DEM) SOLE DISCRETION TO APPROVE AN ALTERNATE RACT. THE REGULATION NOWHERE PRO- VIDES FOR EPA REVIEW. HOWEVER, EPA CAN ARGUE THE LEGAL RE- QUIREMENT FOR A SOURCE TO OBTAIN EPA REVIEW AND APPROVAL OF A DEM ALTERNATE RACT DETERMINATION ON TWO BASES: 1/ REGULATORY HISTORY OF EPA'S APPROVAL OF REG #19. 2/ CLEAN AIR ACT/110 DOES NOT PERMIT EPA TO GIVE UP REVIEW OF ALTERNATE RACT. . A STUDY OF THE REGULATORY HISTORY OF EPA'S APPROVAL OF #19 (AND A COMPARISON WITH EPA APPROVAL OF OTHER REGULATIONS WHERE THE AGENCY ACTUALLY DID GIVE UP INDIVIDUAL REVIEW OF SIP REVISIONS) SHOWS THAT EPA DID NOT GIVE UP ITS AUTHORITY TO REVIEW ALTERNATE RACT DETERMINATIONS. INITALLY, EPA'S APPROVAL OF REG #19 SHOWED THAT THE AGENCY WAS NOT COMFORT- ABLE GIVING RHODE ISLAND AUTHORITY TO ALLOW SOURCES TO COM- PLY BEYOND 1982, MUCH LESS BEYOND 1985. *IN 1983, WHEN EPA AMENDED THE RHODE ISLAND SIP TO RE- MOVE THE REQUIREMENT THAT INDIVIDUAL COMPLIANCE SCHEDULES EXTENDING PAST 1982 BE SUBMITTED TO

Defendants (1)

• ARKWRIGHT INC.Named in complaintNamed in settlement

Facilities (4)

• ARKWRIGHT INCORPORATED

  538 MAIN ST., FISKEVILLE, RI, 02823

  Registry ID: 110000499292

• ARKWRIGHT INCORPORATED

  538 MAIN ST., FISKEVILLE, RI, 02823

  Registry ID: 110000499292

• ARKWRIGHT INCORPORATED

  538 MAIN ST., FISKEVILLE, RI, 02823

  Registry ID: 110000499292

• ARKWRIGHT INCORPORATED

  538 MAIN ST., FISKEVILLE, RI, 02823

  Registry ID: 110000499292

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• ARKWRIGHT INC.,entered 1989-10-18

  Primary law: CAA

  Federal penalty: $175,000

Timeline (9 milestones)

• 1985-11-25Enforcement Action Data Entered
• 1986-03-31Referred To Headquarters
• 1986-04-17Referred To Dept Of Justice
• 1986-09-16Referred TO U.S. Attorney
• 1986-09-17Complaint Filed With Court
• 1989-10-18Final Order Lodged
• 1989-10-18Final Order Entered
• 1989-10-18Concluded
• 1991-02-26Enforcement Action Closed