EPA v. COSMED GROUP INC (NC) (Lead)

Case summary

REGION 1 IS THE LEAD REGION IN THIS CIVIL JUDICIAL ACTION AGAINST COSMED GROUP INC., HEADQUARTERED IN COVENTRY, RI. EPA REGIONS 1, 2, 3, 5, 6, AND 9 ARE INVOLVED IN THE CASE WHICH ALLEGES VIOLATIONS BY COSMED OF CLEAN AIR ACT MACT STANDARDS PERTAINING TO ETHYLENE OXIDE (EtO) STERILIZATION FACILITIES. 40 C.F.R. PART 63 SUBPART O. THE ALLEGATIONS COVER SIX OF COSMED'S EIGHT FACILITIES NATIONALLY AND INCLUDE THE RHODE ISLAND PLANT AS WELL AS FACILITIES IN CALIFORNIA, ILLINOIS, MARYLAND, NEW JERSEY, AND TEXAS. THE VIOLATIONS BY COSMED INCLUDE THE FAILURE TO INSTALL POLLUTION CONTROLS, MEET EtO EMISSION LIMITS, CONDUCT TIMELY COMPLIANCE TESTING, PROPERLY MONITOR CONTROLS, PROVIDE APPROPRIATE NOTIFICATIONS AND REPORTS TO EPA, AND MAINTAIN COMPLIANCE RECORDS. EXCESS EtO EMISSIONS AS A RESULT OF VIOLATIONS IS ESTIMATED AT 30 TONS. THIS IS EPA's FIRST MULTI-REGIONAL EtO MACT CASE EVER. BASED ON EPA's ESTIMATE OF THE # OF LARGE SUBJECT FACILITIES USING 10 TONS OF EtO OR MORE PER YEAR IN THE U.S., THIS ACTION COULD AFFECT ALMOST ONE-THIRD OF ALL SUCH SOURCES. EtO IS LISTED AS A HAZARDOUS AIR POLLUTANT UNDER SECTION 112 OF THE CLEAN AIR ACT AND IS CONSIDERED A PROBABLE CARCINOGEN TO WHICH THERE MAY BE NO SAFE LEVEL OF EXPOSURE. EtO IS ALSO A VOC ( A PRECURSOR TO GROUND LEVEL OZONE) SO THAT ANY EtO EMISSIONS ABOVE ALLOWABLE LIMITS WILL LEAD TO THE FURTHER DETERIORATION OF AIR QUALITY NEAR THE VIOLATING FACILITLIES, ALL OF WHICH ARE IN OZONE NON-ATTAINMENT AREAS AND/OR WITHIN THE OZONE TRANSPORT REGION.

Defendants (1)

• COSMED GROUP INCNamed in complaintNamed in settlement

Facilities (3)

• BOSTON SCIENTIFIC CORPORATION

  8 INDUSTRIAL DRIVE, COVENTRY, RI, 02816

  Registry ID: 110032604938

• BOSTON SCIENTIFIC CORPORATION

  8 INDUSTRIAL DRIVE, COVENTRY, RI, 02816

  Registry ID: 110032604938

• BOSTON SCIENTIFIC CORPORATION

  8 INDUSTRIAL DRIVE, COVENTRY, RI, 02816

  Registry ID: 110032604938

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• COSMED GROUP INC (NC)entered 2005-11-21

  Primary law: CAA

  Federal penalty: $130,000 · SEP: $260,000

Timeline (6 milestones)

• 2003-09-22Referred To Dept Of Justice
• 2003-09-25Enforcement Action Data Entered
• 2005-08-18Final Order Lodged
• 2005-08-18Complaint Filed With Court
• 2005-11-21Concluded
• 2005-11-21Final Order Entered