EPA v. BORDEN INC - LYONS

Case summary

NATURE OF THE CASE BORDEN OPERATES A PLANT IN LYONS, NY, WHICH MANUFACTURES THREE-PIECE METAL CANS. THE FACILITY IS LOCATED IN AN AREA WHICH DOESN NOT ATTAIN THE PRIMARY AMBIENT STANDARD FOR OZONE AND WHICH HAS AN ATTAINMENT DEADLINE OF 12/31/82. THIS SOURCE IS THEREFORE SUBJECT TO THE ENFORCEMENT POLICY ON 9/20/83. CAUSE OF ACTION THE NY STATE IMPLEMETATION PLAN (SIP) REQUIRES AN OWNER OR OPERATOR OF PROCESSES INVOLVING COIL COATING LINES TO SUBMIT A CONTROL PLAN TO THE STATE BY 1/1/80, AND TO ACHIEVE COMPLIANCE BY 7/1/80 WITH A LIMITATION OF 2.6 LBS OF VOLA- TILE ORGANIC COMPOUND (VOC) PER GALLON OF COATING APPLIED. THE COATINGS CURRENTLY USED AT THE PLANT HAVE AN AVERAGE VOC CONTENT OF 4.9 LBS PER GALLON. PROPOSED REMEDY BORDEN IS CURRENTLY SUBJECT TO A STATE ADMINISTRATIVE ORDER WHICH REQUIRES BORDEN TO REDUCE ITS EMISSIONS FROM A CURRENT LEVEL OF 127 TONS/YEARS TO A LEVEL BELOW 100 TONS/YR THE THRESHOLD FOR APPLICABILITY OF THE REGS, BY 1/1/84. EPA IS SEEKING TO PLACE THE SOURCE ON A FEDERAL COMPLIANCE SCHEDULE PARALLEL TO THE STATE SCHEDULE AND SUBJECT TO STIPULATED PENALTIES FOR FAILURE TO MEET IT. ADDITIONALLY, EPA IS SEEKING A CIVIL PENALTY OF AT LEAST $15K TO $30K. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE UNDER THE TERMS OF THE 7/20/82 POLICY, EPA MUST DETERMINE THAT THE PUBLIC INTEREST IN CONTINUED OPERATION OF THE SOURCE OUTWEIGHS THE ENVIRONMENTAL COST OF AN ADDITIONAL PERIOD ON NONCOMPLIANCE IN ORDER TO STIPULATE TO A COMPLIANCE SCHEDULE RATHER THAN SEEK SHUTDOWN OF THE FACILITY. I HAVE ASKED REGION II TO SUBMIT A SUPPLEMENTAL MEMORANDUM WHICH WILL DISCUSS THIS ISSUE IN GREATER DETAIL. BASED ON THE LITIGATION REPORT AND DISCUSSIONS W/ REGION II, HOWEVER, I AM PREPARED TO RECOMMEND CONCURRENCE IN THE REGION'S RECOMMENDATION THAT WE ALLOW THE SOURCE TO CONTINUE TO OPERATE. THIS CONCLUSION IS BASED PRIMARILY ON THE MIN- IMAL ENVIRONMENTAL COSTS OF ADDITIONAL NONCOMPLIANCE, SINCE BORDEN NEEDS TO REDUCE ITS EMISSIONS BY ONLY 27 TONS/YR AND IS REQUIRED BY THE STATE ORDER TO DO SO IN LESS THAN A YEAR FROM NOW. THIS COST IS OUTWEIGHED BY THE PUBLIC INTEREST IN CONTINUED OPERATION OF BORDEN, WHICH NOW EMPLOYS OVER 100 PEOPLE AND SUPPORTS THE LOCAL ECONOMY SIGNIFICANTLY. ALSO, BORDEN HAS DEMONSTRATED GOOD FAITH BY HAVING TAKEN STEPS TO REDUCE EMISSIONS IMMEDIATELY AFTER ISSUACE OF THE NOV IN NOVEMBER 1981, AND BY HAVING REACHED AN AGREEMENT WITH THE STATE.

Defendants (1)

• BORDEN INC - LYONSNamed in complaintNamed in settlement

Facilities (1)

• FINGER LAKES PACKAGING CO INC

  COLE RD, LYONS, NY, 14489

  Registry ID: 110000740011

Statutes cited

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

Enforcement conclusions (1)

• BORDEN, INC.entered 1984-06-21

  Primary law: CAA

  Federal penalty: $20,000

Timeline (8 milestones)

• 1983-01-25Referred To Dept Of Justice
• 1983-01-25Referred To Headquarters
• 1983-03-15Referred TO U.S. Attorney
• 1983-03-31Complaint Filed With Court
• 1984-06-21Final Order Lodged
• 1984-06-21Final Order Entered
• 1984-06-21Concluded
• 1987-08-27Enforcement Action Closed