EPA v. VANGUARD CORP (VANGUARD DIVERSIFIED INC

Case summary

NATURE OF THE CASE VANGUARD OPERATES A MANUFACTURING PLANT IN BROOKLYN, NYC, AT WHICH COATINGS ARE APPLIED TO METAL FURNITURE. THE FACILITY IS LOCATED IN AN AREA WHICH DOES NOT ATTAIN THE PRIMARY AMBIENT STANDARD FOR OZONE AND WHICH HAS AN EXTENDED ATTAINMENT DEADLINE OF 12/31/87. CAUSE OF ACTION THE NY SIP REQUIRES THE OWNER OR OPERATOR OF PROCESSES IN- VOLVING CERTAIN TYPES OF COATING LINES TO SUBMIT A CONTROL PLAN TO THE STATE BY 1/1/80, AND TO ACHEIVE COMPLIANCE BY 7/1/80 WITH A LIMITATION OF 3.0 LBS PER GALLON OF VOLATILE ORGANIC COMPOUND (VOC). VANGUARD HAS NOT SUBMITTED A CONTROL PLAN, AND THE COATINGS CURRENTLY USED AT THE PLANT HAVE AN AVERAGE VOC CONTENT OF 4.8 LBS/GAL. PROPOSED REMEDY VANGUARD IS CURRENTLY INVESTIGATING THE AVAILIBILITY AND FEASIBILITY OF REFORMULATION OF ITS COATINGS AS A COMPLIANCE OPTION. REGION II IS SEEKING TO PLACE THE COMPANY ON AN EXPEDITIOUS COMPLIANCE SCHEDULE AS WELL AS TO REQUIRE PAY- MENT OF $15K-$30K IN CIVIL PENALTIES. NO ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE ***** ON 7/24/84, VANGUARD CORPORATION PURCHASED THE ENTIRE 10 JAVA ST. OFFICE FURNITURE MANUFACTURING FACILITY FROM VANGUARD DIVERSIFIED, INC. ON 8/24/84, EPA REGION II ISSUED NOV INDEX NO. 40265 TO VANGUARD CORPORATION. VANGUARD CORP. ACKNOWLEDGES THAT IT HAS OPERATED ITS COATING LINE USING COATINGS WHICH EX- CEED THE SUBSTANTIVE RQMT. SINCE IT COMMENCED OPERATION. WITH THE CONCURRENCE OF EPA HQ, DOJ, & THE OFFICE OF THE US ATTORNEY FOR THE EDNY, EPA REGION II HAS GIVEN ITS APPROVAL TO A COMPLIANCE PROPOSAL PURSUANT TO WHICH VANGUARD CORP. WILL ACHIEVE FINAL COMPLIANCE WITH RQMTS. OF 6 NYCRR PART 228 BY 12/31/85 THROUGH REFORMULATION, I.E., SWITCHING TO HIGH SOLIDS COATINGS THAT MEET THE APPLICABLE ORGANIC SOLVENT CONTENT RQMTS. VANGUARD CORP. HAS ALSO AGREED TO PAY A CIVIL PENALTY OF $20,000. ****** THE COMPUTER DOCKET REPRESENTS PROCEEDINGS BEGINNING AFTER THE TRANSFER OF OWNERSHIP WITH A DIRECT REFERRAL TO DOJ ON 09/28/84. THE CASE ORIGINATED AS VANGUARD DIVERSIFIED AND WAS REFERRED TO HQ ON 12/09/82, TO DOJ ON 01/07/83 THEN TO THE US ATTY'S OFFICE ON 02/04/83. ON 03/01/83, THE CASE WAS FILED IN COURT WHERE IT WAS DISMISSED AFTER FILING AND CONCLUDED ON 07/06/84. *** DATES *** FOR ABOVE INFORMATION ARE NOT IN DOCKET. VANGUARD BUSINESS FURN. EDNY COURT DOCKET # 83-0736 COMPLAINT FILED: 03/01/83 REFERRED: 01/07/83 DOJ DOCKET # 90-5-2-1-579

Defendants (1)

• VANGUARD CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• VANGUARD CORPORATION

  10 JAVA STREET, BROOKLYN, NY, 11222

  Registry ID: 110001573495

Statutes cited

• CAA 113B — Clean Air Act

Enforcement conclusions (1)

• VANGUARD CORPentered 1990-12-26

  Primary law: CAA

  Federal penalty: $140,000

Timeline (7 milestones)

• 1984-09-28Referred To Dept Of Justice
• 1985-01-23Referred TO U.S. Attorney
• 1985-01-23Complaint Filed With Court
• 1990-12-26Final Order Lodged
• 1990-12-26Final Order Entered
• 1990-12-26Concluded
• 1996-02-02Enforcement Action Closed