EPA v. AVON TAPE INC

Case summary

THIS IS A PROPOSED CIVIL ACTION UNDER SECTION 113 OF THE CLEAN AIR ACT FOR VIOLATIONS OF 1) VOC EMISSION RESTRICTIONS AT 310 CMR SECTION 7.18(14) AND (15), WHICH ARE PART OF MASSACHUSETTS' FEDERALLY ENFORCEABLE STATE IMPLEMENTATION PLAN (SIP). 2) NONATTAINMENT NEW SOURCE REVIEW AND PLAN APPROVAL (PERMITTING) REQUIREMENTS IN THE SIP AT 310 CMR SECTION 7.00 AND 7.02. AVON TAPE INC. OWNS AND OPERATES SIX PAPER AND FABRIC SURFACE COATING LINES AT ITS FACILITY IN AVON, MA. FROM 1990 THROUGH 1993, THESE COATING LINES EMITTED VOLATILE ORGANIC COMPOUNDS (VOC) AT A RATE ABOVE THE ALLOWABLE VOC EMISSON LIMITS FOR PAPER AND FABRIC COATING LINES AT 310 CMR SECTION 7.18(14) AND (15). IN 1982 AND 1986, AVON TAPE CONSTRUCTED AND OPERATED NEW COATING LINES WITHOUT APPLYING FOR AND RECEIVING PLAN APPROVALS FROM THE MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP), AS REQUIRED BY 310 CMR SECTION 7.02 AND WITHOUT UNDERGOING NONATTAINMENT NEW SOURCE REVIEW UNDER 310 CMR 7.00, APPENDIX A. PROPOSED RELIEF: THE COMPLAINT ASKS FOR CIVIL PENALTIES OF UP TO $25,000 PER DAY OF VIOLATION COMMENCING FIVE YEARS PRIOR TO THE DATE OF FILING. (THE APPLICABLE STATUTE OF LIMITATIONS LIMITS THE ASSESSMENT OF PENALTIES IN THIS ACTION TO VIOLATIONS WITHING THE PAST FIVE YEARS.) THE REGION HAS CALCULATED A PROPOSED MINIMUM PENALTY OF APPROXI- MATELY $581,000. THE COMPLAINT DOES NOT SEEK INJUNCTIVE RELIEF SINCE THE SOURCE IN NOW OPERATING IN COMPLIANCE WITH THE SIP. AVON TAPE RESPONDED TO AN EPA SECTION 114 INFORMATION REQUEST IN FEBRUARY 1995. AT THAT TIME AVON TAPE EXPRESSED ALARM OVER EPA'S INVOLVEMENT, CLAIMING DEP SAID THERE WOULD BE NO FURTHER ENFORCEMENT. IT APPEARS THE DEP SOUTHEAST REGIONAL OFFICE DID REPRESENT THAT THE MATTER WOULD BE CLOSED ONCE AVON TAPE SWITCHED TO COMPLYING COATINGS AND RECEIVED ITS PLAN APPROVAL. HOWEVER, DEP HEADQUARTERS FULLY SUPPORTS ASSESSMENT OF A PENALTY. OTHER SIGNIFICANT ASPECTS OF THE CASE: THE INITIAL PROPOSED PENALTY OF $581,000 IS BASED ON THE CLEAN AIR ACT PENALTY POLICY. OF THIS AMOUNT, ABOUT $372,000 REPRESENTS THE ESTIMATED ECONOMIC BENEFIT OF NONCOMPLIANCE. (IN ACCORDANCE WITH THE PENALTY POLICY, THIS CURRENT ESTIMATE IS BASED ON HYPOTHETICAL COSTS FOR ADD-ON CONTROLS. AVON TAPE WILL BE GIVEN THE OPPORTUNITY TO SHOW THAT ITS ACTUAL ECONOMIC BENEFIT IS LOWER.) THE PENALTY COULD BE FURTHER ADJUSTED DURING NEGOTIATIONS TO REFLECT COOPERATIVE ATTITUDE AND AN APPROPRIATE SEP, OR BASED ON A SHOWING OF INABILITY TO PAY. AVON TAPE DOES NOT APPEAR TO QUALIFY FOR PENALTY MITIGATION UNDER EPA'S INTERIM AUDIT OR SMALL BUSINESS POLICIES, SINCE THE VIOLATIONS WERE DISCOVERED THROUGH A DEP INVESTIGATION RATHER THAN THROUGH ANY EFFORTS BY AVON TAPE TO SEEK COMPLIANCE ASSISTANCE. A JUDICIAL, RATHER THAN ADMINISTRATIVE, ACTION IS CALLED FOR BECAUSE THE CLEAN AIR ACT LIMITS ADMINISTRATIVE ACTIONS TO CASES WITH PROPOSED PENALTIES UNDER $200,000 AND INVOLVING VIOLATIONS LESS THAN 12 MONTHS OLD (ABSENT A WAIVER FROM THE ASSISTANT ADMINISTRATOR AND DOJ). LEAD REGIONAL LEGAL AND TECHNICAL PERSONNEL:

Defendants (1)

• AVON TAPE INCNamed in complaintNamed in settlement

Facilities (2)

• AVON TAPE INCORPORATED

  58 E. MAIN ST., AVON, MA, 02322

  Registry ID: 110000311314

• AVON TAPE INCORPORATED

  58 E. MAIN ST., AVON, MA, 02322

  Registry ID: 110000311314

Statutes cited

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

Enforcement conclusions (1)

• AVON TAPE INCentered 1996-03-07

  Primary law: CAA

  Federal penalty: $180,000

Timeline (8 milestones)

• 1995-08-01Enforcement Action Data Entered
• 1995-09-29Referred To Dept Of Justice
• 1995-09-29Referred TO U.S. Attorney
• 1996-03-07Final Order Lodged
• 1996-03-07Final Order Entered
• 1996-03-07Complaint Filed With Court
• 1996-03-07Concluded
• 1998-11-15Enforcement Action Closed