EPA v. SUPREME EQUIP & SYSTEMS

Case summary

NATURE OF THE CASE: CIVIL ACTION AGAINST SUPREME EQUIPMENT & SYSTEMS CORP PURSUANT TO SEC 113(B) OF THE CAA FOR VIOL'S OF PART 228 OF TITLE 6 OF THE OFFICIAL COMPILATION OF CODES, RULES & REGULATIONS OF THE STATE OF NY (6 NYCRR), A POR- TION OF THE FED-ENFORCEABLE SIP PROMULGATED BY THE STATE OF NY. SUPREME OPERATES A MANUFACTURING PLANT IN BROOKLYN, NY( AN AREA DESIGNATED AS NONATTAINMENT FOR OZONE) AT WHICH COATINGS ARE APPLIED TO METAL FURNITURE. BECAUSE(1) THE COATINGS UTILIZED BY SUPREME CONTAIN CERTAIN ORGANIC SOLVENTS, & (2) THE ANNUAL POTENTIAL VOC EMMISIONS FROM ITS METAL FURNITURE COATING LINE EQUAL OR EXCEED 100 TONS. THE SUPREME COATING LINE IS SUBJECT TO THE REQUIREMENTS OF SEC 228.1 (A) OF 6 NTCCR. THE MAXIMUM PERMISSIBLE SOLVENT CONTENT OF THOSE COATINGS UTILIZED BY SUPREME IS SET FORTH IN TABLE 1 OF 6 NYCCR PARTT 228. SPECIFICALLY, THIS REGULATION REQUIRES THAT METAL FURNITURE COATNIG OPERATIONS USE COATINGS WHICH DO NOT EXCEED 3 PDS OF ORGANIC SOLVENT PER GALLON OF COATING AT APPLICATION. THOUGH FINAL COMPLIANCE W/THIS SIP STANDARD WAS REQUIRED BY NO LATER THAN 7/1/80, EMIS- SIONS OF VOC FROM THE SUPREME METAL FURNITURE COATING LINE HAVE RECENTLY BEEN CALCULATED AT APPROX 4.8 PDS OF ORGANIC SOLVENT PER GALLON OF COATING AT APPLICATION. FOR THIS REASON, SUPREME IS INCLUDED ON EPA REGN 2'S SIGNIFI- CANT VIOLATOR'S LIST. ON 6/18/82, PURSUANT TO SEC 113(A)(1) OF THE ACT, EPA REGN 2 ISSUED NOV INDEX NO 20236 TO SUPREME, CITING THE CO'S FAILURE TO SUBMIT A COMPLIANCE PLAN DESIGNED TO LIMIT THE EMISSIONS OF VOC INTO THE AMBIENT AIR BY 1/1/80, AS WELL AS ITS FAILURE TO ACHIEVE FINAL COMPLIANCE W/THE APPLICABLE VOC EMISSION LIMITATION BY 7/1/80. SUPREME HAS NOT DEVELOPED A VOC COMPLIANCE STRATEGY TO DATE, AND CONTINUES TO OPERATE IN VIOL OF THIS PROVISION OF THE NY SIP.

Defendants (1)

• SUPREME EQUIP & SYSTEM CORPNamed in complaintNamed in settlement

Facilities (1)

• SUPREME EQ & SYSTEMS

  170 53RD ST., BROOKLYN, NY, 11232

  Registry ID: 110001573565

Statutes cited

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

Enforcement conclusions (1)

• SUPREME EQUIPMENT & SYSTEMS COentered 1985-04-22

  Primary law: CAA

  Federal penalty: $24,000

Timeline (8 milestones)

• 1982-10-28Referred To Headquarters
• 1982-11-24Referred To Dept Of Justice
• 1983-01-19Referred TO U.S. Attorney
• 1983-02-04Complaint Filed With Court
• 1985-04-22Final Order Lodged
• 1985-04-22Final Order Entered
• 1985-04-22Concluded
• 1989-01-01Enforcement Action Closed