EPA v. PERMA-STEEL, INC.

Case summary

SEE DURALAB EQUIPMENT CORP.(02-83-E010) FOR APPLICABLE REGULATIONS. PERMA-STEEL OPERATES COATING FOR PAINTING METAL AND WOOD FURNITURE AT ITS PLANT IN BROOKLYN, NEW YORK. BASED ON A FEBRUARY 11, 1983 INSPECTION OF THE PERMA-STEEL PLANT, AND INFORMATION IN THE FILES OF THE NEW YORK CITY DIVISION OF AIR RESOURCES (NYCDAR), EPA HQ, REGION II, ISSUED NOTICE OF VIOLATION INDEX NO. 30215 TO PERMA-STEEL, CITING THE COMPA- NY'S FAILURE TO SUBMIT A COMPLIANCE PLAN DESIGNED TO LIMIT THE EMISSIONS OF VOC INTO THE AMBIENT AIR BY JAN.1, 1981, AS REQUIRED BY 6 NYCRR SECT. 228.1(B)(1), AS WELL AS ITS FAIL- URE TO ACHIEVE FINAL COMPLIANCE WITH THE APPLICABLE VOC EMISSION LIMIT BY JAN.1, 1982, AS REQUIRED BY 6 NYCRR SECT. 228.1(B)(2). AFTER REGION II'S INSPECTION ON FEB. 11, 1983, AT WHICH THE VIOLATION WAS DOCUMENTED, PERMA-STEEL DID MAKE INQUIRIES TO VARIOUS PAINT SUPPLIERS CONCERNING THE AVAILABILITY OF ALTERNATIVE METAL COATINGS WHICH COULD COMPLY WITH THE N.Y. SIP EMISSION LIMITATIONS AND MEET PERMA-STEEL'S SPECIFICA- TIONS. EPA MET WITH THE COMPANY ON MAY 17, 1983. AT THE MEETING, THE COMPANY RELATED THAT IT EXPECTED TO BE IN FULL COMPLIANCE WITH THE VOC EMISSION LIMITATIONS BY SEPT.1, 1983 PERMA-STEEL'S FACILITY IS LOCATED IN AN AREA THAT DOES NOT MEET THE PRIMARY (HEALTH-RELATED) STANDARD FOR OZONE. (VOLATILE ORGANIC COMPOUND EMISSIONS ARE A PRECURSOR OF OZONE). EPA THEREFORE SEEKS THE EXPEDITIOUS INITIATION OF A CIVIL ENFORCEMENT ACTION FOR INJUNCTIVE RELIEF AND THE IMPO- SITION OF CIVIL PENALTIES PURSUANT TO SECT. 113(B) OF THE CLEAN AIR ACT. REGION II IS ACTIVELY PURSUING SETTLEMENT NEGOTIATIONS WITH THE COMPANY IN THE INTERIM, AND BELIEVE THEY WILL BE ABLE TO SECURE A FEDERAL CD, EMBODYING AN EXPE- DITIOUS COMPLIANCE SCHEDULE AND APPROPRIATE CIVIL PENALTIES. REGION HOPES TO SET A CUTOFF DATE OF SEPT.15, 1983 FOR SET- TLEMENT NEGOTIATIONS.

Defendants (1)

• PERMA-STEELNamed in complaintNamed in settlement

Facilities (1)

• PERMA STEEL INC

  1065 SHEPARD AVE, BROOKLYN, NY, 112085713

  Registry ID: 110001573574

Statutes cited

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

Enforcement conclusions (1)

• PERMA-STEEL, INC.entered 1984-07-16

  Primary law: CAA

  Federal penalty: $6,000

Timeline (8 milestones)

• 1983-07-19Referred To Headquarters
• 1983-08-09Referred To Dept Of Justice
• 1983-08-11Referred TO U.S. Attorney
• 1983-09-06Complaint Filed With Court
• 1984-07-16Final Order Lodged
• 1984-07-16Final Order Entered
• 1984-07-16Concluded
• 1986-07-16Enforcement Action Closed