EPA v. FLEXCON CO., INC.

Case summary

FLEXCON USES PAPER & VINYL SURFACE COATINGS WHICH CONTAIN MORE VOLATILE ORGANIC COMPOUNDS (VOC) THAN THE EMISSION LI- MITS FOR PAPER & VINYL SURFACE COATING IN MASS' SIP ALLOW. MASS' SIP LIMITS VOC EMISSIONS FROM PAPER COATING LINES TO 2.9 LBS VOC PER GAL. OF COATING, LESS WATER, & VINYL COATING LINES TO 3.8 LBS OF VOC PERL. FLEXCON USES PAPER COATINGS WHICH EMIT, ON AVERAGE, 4.4 LBS OF VOC PER GAL., VINYL COAT- INGS WHICH EMIT, ON AVERAGE, 5.9 LBS OF VOC PER GAL. THESE COATING LINES DO NOT HAVE POLLUTION CONTROL EQUIPMENT TO CONTROL THE VOC EMISSIONS. THE SOURCE HAS PROPOSED A REMEDY WHICH ACHIEVES A LARGE REDUCTION IN VOC EMISSIONS, AND MEETS THE PAPER COATING EMISSION LIMIT PLANTWIDE. ALSO, FLEXCON HAS A STRONG EQUITABLE DEFENSE AGAINST PENALTIES, BASED ON THE COMPANY'S GOOD FAITH RELIANCE ON DEQE'S CLASSIFICATION. THEREFORE, REG I RECOMMENDS THAT EPA SETTLE CASE FOR THE BENEFIT COMPONENT OF THE CAA CIVIL PENALTY POLICY ALONE.

Defendants (1)

• FLEXCON CO., INC.Named in complaintNamed in settlement

Facilities (2)

• FLEXCON CO. INC.

  S. SPENCER RD., SPENCER, MA, 01562-2642

  Registry ID: 110000772753

• FLEXCON CO. INC.

  S. SPENCER RD., SPENCER, MA, 01562-2642

  Registry ID: 110000772753

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• FLEXCON COMPANY, INCentered 1989-05-08

  Primary law: CAA

  Federal penalty: $60,000

Timeline (7 milestones)

• 1985-11-15Enforcement Action Data Entered
• 1987-09-30Referred To Dept Of Justice
• 1988-02-05Complaint Filed With Court
• 1989-05-08Final Order Lodged
• 1989-05-08Final Order Entered
• 1989-05-08Concluded
• 1991-08-27Enforcement Action Closed