EPA v. SUPERIOR STEEL D&T

Case summary

NATURE OF THE CASE ON JUNE 17, 1982, REGN 2 ISSUED A NOTICE OF VIOLA- TION TO SUPERIOR FOR EMITTING VOLATILE ORGANIC COMPOUNDS IN EXCESS OF THE MAX PERMITTED UNDER THE APPLICABLE NEW YORK STATE REGULATION, SEC. 228.1, TITLE 6, OFFICIAL COM- PILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK ( NYCRR ). SUPERIOR OPERRATES A MANUFACTURING PLANT IN COLLEGE POINT, NEW YORK AT WHICH COATINGS ARE APPLIED TO METAL FURNITURE. THE SUPERIOR METAL FURNITURE COATING PLANT IS A MAJOR SOURCE OF VOLATILE ORGANIC COMPOUNDS ( VOC ). AS YOU KNOW, VOC EMISSIONS ARE PRECURSORS TO THE CREATION OF PHOTOCHEMICAL OXIDANTS AND OZONE. QUEENS COUNTY, THE COUNTY IN WHICH THE SUPERIOR FACILITY IS LOCATED, IS AN AREA NOT ATTAINING THE PRIMARY HEALTH-RELATED STANDARD FOR OZONE (40 CFR SEC81.333), SO WE ARE PARTICULARLY CON- CERNED ABOUT VOC COMPLIANCE IN THIS AREA AND IN THE NEW YORK METROPOLITAN AREA GENERALLY. THE COATINGS USED CONTAIN CERTAIN ORGANIC SOLVENTS; THE COATING PROCESS IS THEREFORE SUBJECT TO THE REQUIRE- MENTS OF 6 NYCRR PART 228, A PORTION OF THE NEW YORK IMPLEMENTATION PLAN. THE MAXIMUM PERMISSIBLE SOLVENT CONTENT OF COATINGS IS SET FORTH IN TABLE I OF THE REG- ULATION; METAL FURNITURE COATING OPERATIONS MAY NOT EX- CEED A SOLVENT CONTENT OF 3.0 POUNDS OF ORGANIC SOLVENT PER GALLON OF COATING AT APPLICATION. EMISSIONS OF VOC FROM THIS PLANT HAVE BEEN CALCULATED AT NEARLY 1.6 TIMES THE LEVEL ALLOWED UNDER THE STATE IMPLEMENTATION PLAN ( SIP ) -- APPROXIMATELY 4.8 POUNDS OF ORGANIC SOLVENT PER GALLON OF COATING COMPARED TO AN ALLOWABLE OF 3.0 LBS --THOUGH COMPLIANCE WITH THE SIP STANDARD WAS REQUIRED BY NO LATER THAN JULY 1, L980, MORE THAN TWO YEARS AGO. THE ESTIMATED ANNUAL EMISSIONS OF VOC FROM THIS FACILITY ARE 104 TONS PER YEAR (TPY), OF WHICH 40 TPY ARE EXCESS EMIS- SIONS BEYOND ALLOWABLE UNDER THE SIP. ALTHOUGH NOT QUAN- TIFIABLE, THESE EMISSIONS NO DOUBT CONTRIBUTE TO THE VIO- LATIONS OF THE NATIONAL AMBIENT AIR QUALITY STANDARD FOR OZONE THAT ALREADY EXISTS IN THIS AND SURROUNDING JURIS- DICTIONS. OZONE POLLUTION REMAINS ONE OF THE MOST IN- TRACTABLE AIR POLLUTION PROBLEMS IN THE NORTHEAST AND, AS YOU KNOW, ENFORCEMENT AGAINST MAJOR SOURCES OF VOC HAS BEEN GIVEN HIGH PRIORITY IN REG 2'S AIR ENFORCEMENT EFFORTS. REG 2 STAFF RECENTLY MET WITH REPRESENTATIVES OF SUPERIOR WITH RESPECT TO THIS MATTER. PRIOR TO THAT CON- FERENCE SUPERIOR WAS INFORMED THAT EPA EXPECTED IT WOULD BE PREPARED TO DISCUSS THOSE STEPS IT HAD TAKEN OR PRO- POSED TO TAKE TO ACHIEVE COMPLIANCE WITH THE APPLICABLE STANDARD. DURING THE CONFERENCE, BOTH THE COMPANY AND ITS CONSULTING ENGINEER ADMITTED THEIR KNOWLEDGE OF THE VOC STANDARD AND THE FACT THE SUPERIOR HAD NOT TAKEN ANY CONCRETE STEPS TO ACHIEVE COMPLIANCE WITH THAT STANDARD. THE COMPANY'S ONLY DOCUMENTED ACTION SUBSEQUENT TO THE ISSUANCE OF THE EPA NOV WAS TO SEEK A VARIANCE FROM THE STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVA- TION ( DEC ). SUCH A VARIANCE, IF GRANTED, WOULD NOT, OF COURSE, BE FEDERALLY RECOGNIZED UNLESS AND UNTIL IT IS INCORPORATED IN THE SIP. MOREOVER, WE ARE AWARE OF NO BASIS FOR THE GRANTING OF THE VARIANCE. THE DEC AGREES WITH OUR DETERMINATION THAT THERE DOES NOT APPEAR TO BE A VALID BASIS FOR A VARIANCE IN THIS CASE. AT OUR MEETING THE COMPANY EXPRESSED ITS WILLINGNESS TO COMPLY WITH AP- PLICABLE REGULATIONS AND IT IS HOPEFUL THAT COMPLIANCE CAN BE ACHIEVED BY MID-L983. THE CO.'S PAINT SUPPLIER ACCOMPANIED SUPERIOR TO THE EPA MEETING AND RELATED THAT IT WILL BEGIN TO CONDUCT TESTS TO D

Defendants (1)

• SUPERIOR STEEL DOOR & TRIM CO.Named in complaintNamed in settlement

Facilities (1)

• SUPERIOR STEEL DOOR

  15-03 126TH ST, COLLEGE POINT, NY, 11356

  Registry ID: 110001580717

Statutes cited

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

Enforcement conclusions (1)

• SUPERIOR STEEL DOOR & TRIM COentered 1983-09-15

  Primary law: CAA

  Federal penalty: $17,000

Timeline (8 milestones)

• 1982-09-22Referred To Headquarters
• 1982-10-26Referred To Dept Of Justice
• 1982-12-30Referred TO U.S. Attorney
• 1983-01-24Complaint Filed With Court
• 1983-09-15Final Order Lodged
• 1983-09-15Final Order Entered
• 1983-09-15Concluded
• 1986-09-15Enforcement Action Closed