EPA v. SHULTZ CO. INC.

Case summary

NATURE OF CASE ON 06/17/82, REGN 2 ISSUED A NOTICE OF VIOLATION TO SHULTZ FOR EMITTING VOLATILE ORGANIC COMPOUNDS IN EXCESS OF MAX PERMITTED UNDER APPLICABLE N.Y. STATE REGULATION, SECTION 228.1, TITLE 6, OFFICIAL COMPILATION OF CODES, RULES & REGULATIONS OF THE STATE OF N.Y.( NYCRR ). SHULTZ OPERATES A MANUFACTURING PLANT IN MANHATTAN AT WHICH COATINGS ARE APPLIED TO METAL FURNITURE. THE PLANT IS A MAJOR SOURCE OF VOLATILE ORGANIC COMPOUNDS (VOC). VOC EMMISIONS ARE PRECURSORS TO CREATION OF PHOTO- CHEMICAL OXIDANTS & OZONE. NEW YORK COUNTY IS NOT ATTAIN- ING THE PRIMARY HEALTH-RELATED STANDARD FOR OZONE(40 CFR SEC.81.333), SO THERE IS PARTICULAR CONCERN ABT VOC COM- PLIANCE HERE & IN N.Y. METROPOLITAN AREA GENERALLY. COATINGS USED CONTAIN CERTAIN ORGANIC SOLVENTS; PRO- CESS IS THEREFORE SUBJECT TO 6 NYCRR PART 228, A PORTION OF THE N.Y. STATE IMPLEMENTATION PLAN (SIP). THE MAX PER- MISSABLE SOLVENT CONTENT OF COATINGS, TABLE I OF REGULA- TION, MAY NOT EXCEED 3.0 LBS PER GALLON OF COATING AT AP- PLICATION. EMISSIONS OF VOC FROM THIS PLANT HAVE BEEN CALCULATED AT NEARLY 2.21 TIMES THE LEVEL ALLOWED-APPROX. 6.64 LBS. VS THE ALLOWED 3.0-THOUGH COMPLIANCE WAS RE- QUIRED BY NO LATER THAN 7/1/80, MORE THAN 2 YRS. AGO. THE ESTIMATED ANNUAL POTENTIAL EMISSIONS OF VOC FROM THIS FACILITY ARE 181 TONS/YR, OF WHICH 55% ARE EXCESS UNDER SIP STANDARDS. THESE EMISSIONS CONTRIBUTE TO VIOLATIONS OF NATIONAL AMBIENT AIR QUALITY STANDARD FOR OZONE THAT ALREADY EXISTS IN THIS & SURROUNDING JURISDICTIONS. OZONE POLLUTION REMAINS ONE OF THE MOST INTRACTABLE AIR POLLU- TION PROBS IN THE NORTHEAST & ENFORCEMENT AGAINST MAJOR SOURCES OF VOC HAS BEEN GIVEN HIGH PRIORITY IN REGN 2. WE HOPE TO REACH SETTLEMENT W/SHULTZ. IN NEGOTIA- TIONS, WE WILL ESTABLISH A CUT-OFF DATE FOR THE CO. BY WHICH WE MUST HAVE AN AGREEMENT. IF NO SETTLEMENT BY THAT DATE, ALL PRIOR OFFERS WILL BE W/DRAWN & WE WILL PROCEED TO LITIGATION. A CUT-OFF DATE COULD BE ESTABLISHED BY NO LATER THAN 12/15/82, IF THIS REFERRAL IS GIVEN PROMPT RE- VIEW.

Defendants (1)

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

Facilities (1)

• SHULTZ INDUSTRIES

  44 W 143 ST, NEW YORK CITY, NY, 10037

  Registry ID: 110001577936

Statutes cited

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

Enforcement conclusions (1)

• SHULTZ COMPANYentered 1983-05-09

  Primary law: CAA

  Federal penalty: $2,000

Timeline (8 milestones)

• 1982-09-30Referred To Headquarters
• 1982-11-03Referred To Dept Of Justice
• 1983-04-20Referred TO U.S. Attorney
• 1983-05-03Complaint Filed With Court
• 1983-05-09Final Order Lodged
• 1983-05-09Final Order Entered
• 1983-05-09Concluded
• 1986-11-20Enforcement Action Closed