EPA v. NATIONAL GYPSUM COMPANY

Case summary

NATIONAL GYPSUM CO OWNS AND OPERATES A PAPER, FABRIC, AND VINYL COATING FACILITY IN HATFIELD, MA WHICH PRODUCES WALL- PAPER AND WALL COVERINGS. NATIONAL GYPSUM IS OPERATING THE HATFIELD FACILITY IN VIOLATION OF MASS' FEDERALLY-APPROVED STATE IMPLEMENTATION PLAN ( SIP ). THE FACILITY IS VIOLAT- ING THE EMISSION LIMIT FOR VOLATILE ORGANIC COMPOUNDS ( VOC ) CONTAINED IN MASS' REGULATIONS 310 CMR 7.18(14), (15), AND (16) WHICH LIMIT VOC EMISSIONS FROM PAPER, FABRIC, AND VINYL SURFACE COATING FACILITIES TO 2.9, 2.9 AND 3.8 LBS OF VOC PER GAL OF COATING, EXCLUDING WATER, AT APPLICATION RESPECTIVELY. EPA APPROVED 310 CMR 7.18(14), (15), AND (16) PURSUANT TO SECT 110 OF CAA, 42 U.S.C. 7410, AND EPA MAY EN- FORCE 310 CMR 7.18(14), (15), AND (16) UNDER SECT 113 OF CAA 42 U.S.C. 7413. THE FACTUAL BASIS OF THE VIOLATION IS THAT THE HATFIELD FACILITY COATS THE SURFACE OF PAPER AND FABRIC WITH COATINGS WHICH CONTAIN, ON THE AVERAGE, 5.7 LBS OF VOC PER GAL OF COATING. NATIONAL GYPSUM ALSO COATS AND PRINTS PAPER AND VINYL SURFACES WITH COATINGS CONTAINING, ON THE AVERAGE, 6.1 LBS OF VOC PER GAL OF COATING. THE EMISSION LIMIT IN THE SIP FOR PAPER AND FABRIC COATING IS 2.9 LBS AND FOR VINYL COATING IS 3.8 LBS. THERE IS NO POLLUTION CONTROL EQUIPMENT AT THE HATFIELD FACILITY TO CAPTURE AND DESTROY THE VOC, AND TO DATE NATIONAL GYPSUM HAS MADE NO CHANGE IN ITS PRODUCTION PROCESSES TO REDUCE VOC EMISSIONS FROM THE PLANT. THE CRITICAL LEGAL ISSUE IN THIS CASE INVOLVES MASS' IN- TERPRETATION OF ITS SIP. DEQE APPROVED A GENERIC BUBBLE PLAN FOR THE HATFIELD FACILITY WHICH DEQE CLAIMS BROUGHT THE SOURCE INTO COMPLIANCE, DESPITE THE FACT THAT NATIONAL GYP- SUM HAD DONE NOTHING TO REDUCE VOC EMISSIONS AT THE HATFIELD FACILITY. DEQE ALLOWED NATIONAL GYPSUM TO COUNT CERTAIN COATING PROCESSES WHICH HAVE NEVER EMITTED VOC AS EMISSION REDUCTION CREDITS CONTRADICTS EPA'S BUBBLE POLICY. EPA GRANTED DEQE AUTHORITY TO ISSUE GENERIC BUBBLES SUBJECT TO EPA'S THEN-CURRENT BUBBLE POLICY; THEREFORE, THE BUBBLE AT THE HATFIELD FACILITY IS BEYOND DEQE'S AUTHORITY TO ISSUE WITHOUT EPA'S APPROVAL AS A SIP REVISION. FURTHER, DEQE'S INTERPRETATION VIOLATES THE REQUIREMENTS OF THE ACT FOR SIPS IN NONATTAINMENT AREAS. NATIONAL GYPSUM IS TRYING TO SELL THE DECORATIVE PRODUCTS DIV, AND IS THEREFORE EAGER TO NEGOTIATE A SETTLEMENT OF THIS CASE. THE PARTIES, INCLUDING THE PROSPECTIVE PURCHASER OF THE DIV, DECORATIVE COVERINGS, INC., HAVE BEEN NEGOTIAT- ING A CONSENT DECREE, AND HAVE NARROWED THE UNRESOLVED ISSUES IN THAT DECREE SUBSTANTIALLY. IT APPEARS THIS CASE MAY SETTLE QUICKLY.

Defendants (2)

• DECORATIVE COVERINGS, INCNamed in complaintNamed in settlement
• NATIONAL GYPSUM COMPANYNamed in complaintNamed in settlement

Facilities (3)

• DECORATIVE COVERINGS

  142 ELM ST, HATFIELD, MA, 010380000

  Registry ID: 110001946529

• DECORATIVE COVERINGS

  142 ELM ST, HATFIELD, MA, 010380000

  Registry ID: 110001946529

• DECORATIVE COVERINGS

  142 ELM ST, HATFIELD, MA, 010380000

  Registry ID: 110001946529

Statutes cited

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

Enforcement conclusions (1)

• NATIONAL GYPSUM CO.entered 1987-01-06

  Primary law: CAA

  Federal penalty: $232,000

Timeline (7 milestones)

• 1985-12-01Enforcement Action Data Entered
• 1986-06-26Referred To Dept Of Justice
• 1986-11-06Complaint Filed With Court
• 1987-01-06Final Order Lodged
• 1987-01-06Final Order Entered
• 1987-01-06Concluded
• 1992-01-06Enforcement Action Closed