EPA v. BORDEN, INC.

Case summary

THIS IS A PROPOSED CIVIL ACTION UNDER SECTION 113 OF THE CLEAN AIR ACT FOR VIOLATIONS OF 310 CMR 7.18(16) OF THE MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION REGULATIONS, WHICH IS PART OF MASSACHUSETTS' FEDERALLY ENFORCEABLE STATE IMPLEMENTATION PLANS (SIP). BORDEN, INC.'S VERNON PLASTICS CO. DIVISION OWNS AND OPERATES FOUR VINYL COATING LINES AT ITS FACILITY IN HAVERHILL, MASSACHUSETTS. SINCE SEPTEMBER, 1986, THESE VINYL COATINGS HAVE EMITTED VOLATILE ORGANIC COMPOUNDS (VOC) AT A RATE ABOVE THE ALLOWABLE VOC EMISSION LIMIT FOR VINYL COATING LINES IN 310 CMR 7.18(16). THE REGION IS SEEKING CIVIL PENALTIES FOR VIOLATIONS OF MASSACHUSETTS SIP. THE COMPLAINT ASKS FOR CIVIL PENALTIES OF UP TO $25,000 PER DAY OF VIOLATIONS FOR A PERIOD OF BETWEEN SEPTEMBER 1, 1986, AND NOVEMBER 30, 1987. THE REGION HAS CALCULATED A PROPOSED PENALTY OF $144,596 FOR SETTLEMENT OF THE CASE. THE REGION DOES NOT PROPOSE TO SEEK INJUNCTIVE RELIEF AT THIS TIME: THE SOURCE IS STILL VIOLATING THE MASSACHUSETTS SIP, BUT HAS APPLIED FOR AN ALTERNATIVE VOC EMISSION LIMIT WHICH, IF APPROVED BY EPA, WOULD BRING THE SOURCE INTO COMPLIANCE. VERNON PLASTICS CO. HAS APPLIED TO THE STATE FOR AN ALTERNATIVE VOC EMISSION LIMIT ON THE GROUNDS THAT COMPLIANCE WITH THE SIP IS TECHNOLOGICALLY AND ECONOMICALLY UNFEASIBLE. THE REGION'S PRELIMINARY REVIEW OF THE APPLICATION SUGGESTS VERNON MAY BE ABLE TO DEMONSTRATE ENTITLEMENT TO AN ALTERNATIVE LIMIT, AND THUS GAIN COMPLIANCE WITH THE SIP. HOWEVER, EPA'S POLICY ON THE APPROVAL OF SUCH ALTERNATIVE LIMITS FOR SOURCES IN OZONE NONATTAINMENT AREAS (SUCH AS MASSACHUSSETTS) IS UNSETTLED.

Defendants (1)

• BORDEN, INC., VERNON PLASTICS CO. DIV.Named in complaintNamed in settlement

Facilities (2)

• VERNON PLASTICS INC

  SHELLEY RD, HAVERHILL, MA, 01830

  Registry ID: 110000309755

• VERNON PLASTICS INC

  SHELLEY RD, HAVERHILL, MA, 01830

  Registry ID: 110000309755

Statutes cited

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

Enforcement conclusions (1)

• BORDEN INCentered 1995-03-24

  Primary law: CAA

  Federal penalty: $82,278

Timeline (9 milestones)

• 1988-08-05Enforcement Action Data Entered
• 1990-06-26Referred To Dept Of Justice
• 1994-03-27Returned To Region
• 1994-06-29Rereferred
• 1995-01-10Complaint Filed With Court
• 1995-03-24Final Order Lodged
• 1995-03-24Final Order Entered
• 1995-03-24Concluded
• 1998-11-15Enforcement Action Closed