EPA v. DRI-PRINT FOILS

Case summary

NATURE OF CASE: THE DRI-PRINT FOILS FACILITY IS A MAJOR SOURCE OF VOLATILE ORGANIC SUBSTANCES( VOS ), WHICH HAVE BEEN LINK- ED TO THE CREATION OF PHOTOCHEMICAL OXIDANTS & OZONE. THE AIR QUALITY CONTROL REGN IN WHICH THE FACILITY IS LOCATED IS NOT ATTAINING THE PRIMARY HEALTH STANDARD FOR OZONE, RAISING ESPECIAL CONCERN ABOUT THE EMISS'S OF VOS. OZONE POLLUTION REMAINS ONE OF THE MOST INTRACTABLE AIR POLLU- TION PROBLEMS IN THE NORTHEAST, & ACTIONS AGAINST MAJOR SOURCES OF VOS HAVE BEEN GIVEN PRIORITY IN REGN 2'S ENFO- RCEMENT EFFORTS. CAUSE OF ACTION: DRI-PRINT IS NOW & HAS FOR A LONG TIME(OVER A YR & A HALF) BEEN OPERATING ITS FACILITY IN VIOLATION OF THE NJ STATE IMPLEMENTATION PLAN. THE SIP SPECIFIES THAT A SOURCE OF VOS MUST LIMIT THE EMISS'S OF VOS TO ONLY 2.9 PDS PER GALLON OF COATING APPLIED & MUST ACHIEVE THESE FINAL LIMITATIONS BY 1/1/82. THE EMISS OF THE FACILITY REMAIN MORE THAN DOUBLE THE LEVEL ALLOWED UNDER THE SIP. THE SIP ALSO INCLUDES A REQUIREMENT THAT THE CO SUBMIT A COMPLIANCE PLAN FOR LIMITING THE EMISS OF VOLATILE ORGAN- IC SUBSTANCES INTO THE AMBIENT AIR BY 7/1/80. AN ACCEPT- ABLE PLAN WAS NOT SUBMITTED BY THE MANDATED DATE. AFTER INITIATION OF EPA'S ENFORCEMENT ACTION, DRI-PRINT DID DEVELOP A COMPLIANCE SCHED WHICH HAS BEEN EMBODIED IN A NJ STATE ADMINISTRATIVE CONSENT ORDER. THAT ORDER DID NOT PROVIDE FOR THE IMPOSITION OF ANY CIVIL PLTY'S. PROPOSED REMEDY: EPA IS SEEKING PLTY'S IN THIS ACTION FOR SEVERAL REASONS. THESE REASONS INCLUDE THE FACT THAT EARLIER STATE ORDERS WERE NOT TAKEN SERIOUSLY, THE CO'S PAST HIS- TORY OF NON-COMPLIANCE, & THE EXTENDED LENGTH OF THE PRE- SENT COMPLIANCE SCHED. IT SHOULD BE NOTED THAT IT TOOK DRI-PRINT 8 MONTHS TO COMPLETE AN ENGINEERING STUDY. HAD THIS EFFORT BEEN COMMENCED PRIOR TO 7/80 (WHEN THE REGUL- ATIONS REQUIRED SUBMITTAL OF A COMPLIANCE PLAN), FINAL COMPLIANCE W/SUBCHAPTER 16 MIGHT HAVE BEEN ACHIVED BY MID 1982. INSTEAD, THE CO UNDERTOOK THE ENGINEERING STUDY IN 11/81 & DID NOT COMPLETE IT UNTIL 6/82. THE FACT REMAINS THAT THE CO IS STILL OUT OF COMPLIANCE. BY ITS OWN ADMIS- SION AT THE MOST RECENT MEETING, THE CO ACKNOWLEDGES EMISS OF ABOUT 7 PDS PER GALLON OF COATING APPLIED, MORE THAN TWICE THE ALLOWABLE LIMIT. MUCH OF THE CO'S PRESENT EFFORTS WILL BENEFIT THE FACILITY IN AN ECONOMIC SENSE AS WELL AS ALLOW FOR THE INSTALLATION OF CONTROL EQUIPMENT & REFORMATION.

Defendants (1)

• DRI-PRINT FOILSNamed in complaintNamed in settlement

Facilities (3)

• API FOILS

  329 NEW BRUNSWICK AVENUE, RAHWAY, NJ, 07065

  Registry ID: 110000318763

• API FOILS

  329 NEW BRUNSWICK AVENUE, RAHWAY, NJ, 07065

  Registry ID: 110000318763

• API FOILS

  329 NEW BRUNSWICK AVENUE, RAHWAY, NJ, 07065

  Registry ID: 110000318763

Statutes cited

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

Enforcement conclusions (1)

• DRI-PRINT FOILS(BEATRICE FOOD)entered 1983-09-07

  Primary law: CAA

  Federal penalty: $25,000

Timeline (8 milestones)

• 1982-07-28Referred To Headquarters
• 1982-09-30Referred To Dept Of Justice
• 1983-01-07Referred TO U.S. Attorney
• 1983-07-08Complaint Filed With Court
• 1983-09-07Final Order Lodged
• 1983-09-07Final Order Entered
• 1983-09-07Concluded
• 1986-06-22Enforcement Action Closed