EPA v. DURALAB EQUIPMENT CORPORATION

Case summary

THIS LITIGATION ACTION PROPOSES THE FILING OF A CIVIL ACTION PURSUANT TO THE FEDERAL ENFORCEMENT PROVISION OF THE CAA, AS AMENDED AGAINST DURALAB EQUIPMENT CORP. FOR ITS VIO- LATIONS OF PART 228 OF TITLE 6 OF THE OFFICIAL COMPILATION OF CODES, RULES, AND REGULATIONS OF THE STATE OF NEW YORK. ( 6 NYCRR ). THIS REGULATION IS DESIGNED TO LIMIT THE EMIS- SION OF VOLATILE ORGANIC COMPOUNDS (VOC) INTO THE ATMOSPHERE BY SPECIFYING A MAXIMUM PERMISSIBLE VOC SOLVENT CONTENT FOR COATINGS USED AT VARIOUS TYPES OF COATING LINES. THIS REGU- LATION IS A PROVISION OF THE FEDERALLY-APPROVED AND FEDER- ALLY-ENFORCEABLE STATE IMPLEMENTATION PLAN (SIP) PROMULGATED BY THE STATE OF NY PURSUANT TO SECTION 110 OF THE ACT, AND APPLICABLE TO THE AIR QUALITY CONTROL REGION IN WHICH DURA- LAB IS LOCATED. 6 NYCRR SECTION 228.1(A) APPLIES TO THE OWNER OR OPERA- TOR OF A PROCESS INVOLVING CERTAIN TYPES OF COATING LINES FOR WHICH THE ANNUAL POTENTIAL EMISSIONS OF VOC EQUAL OR EX- CEED 100 TONS. SPECIFICALLY, THIS REGULATION REQUIRES THAT THE OWNER OR OPERATOR OF ANY DESCRIBED PROCESS LOCATED IN A NONATTAINMENT AREA FOR OZONE (1) SUBMIT TO THE COMMISSIONER OF THE NY STATE DEPT. OF ENVIRONMENTAL CONSERVATION ( DEC ) ON OR BEFORE JANUARY 1 1980, A PROPOSED SCHEDULE WHICH IN- CLUDES THE ACTION STEPS NECESSARY TO ACHIEVE COMPLIANCE WITH THE APPLICABLE VOC EMISSION LIMITATION SPECIFIED IN 6 NYCRR PART 228, AND THE DATES BY WHICH EACH ACTION STEP WILL BE COMPLETED, AND (2) ACHIEVE COMPLIANCE WITH SUCH EMISSION LIMITATION ON OR BEFORE JULY 1, 1980, OR SUCH LATER DATE AS MAY BE DETERMINED BY AN ORDER OF THE COMMISSIONER OF DEC. DURALAB OPERATES A METAL LABORATORY FURNITURE COATING LINE AT ITS PLANT IN BROOKLYN, NY. BASED ON A JANUARY, 1982 INSPECTION OF THE DURALAB PLANT, THE REGION II OFFICE OF THE EPA ISSUED NOTICE OF VIOLATION INDEX NO. 20219 TO DURALAB ON MARCH 22, 1982, CITING THE COMPANY'S FAILURE TO SUBMIT A COMPLIANCE PLAN DESIGNED TO LIMIT THE EMISSIONS OF VOC INTO THE AMBIENT AIR BY JAN.1, 1980, AS REQUIRED BY 6 NYCRR SECT. 228.1(A)(1), AS WELL AS ITS FAILURE TO ACHIEVE FINAL COMPLI- ANCE WITH THE APPLICABLE VOC EMISSION LIMIT BY JULY 1, 1980, AS REQUIRED BY 6 NYCRR SECT. 228(A)(2). THEREAFTER, ON JULY 26, 1982, EPA REGION II ISSUED NOTICE OF NONCOMPLIANCE INDEX NO.120-20202 TO DURALAB, CITING THESE VIOLATIONS OF THE NEW YORK SIP. DURALAB CONTINUES TO OPERATE IN VIOLATION OF THESE PRO- VISIONS OF THE NY SIP TO DATE. VOC EMISSIONS ARE A PRECURSOR OF PHOTOCHEMICAL OXIDANTS AND OZONE. THIS IS IMPORTANT BE- CAUSE DURALAB'S BROOKLYN PLANT IS LOCATED IN KINGS COUNTY, AN AREA THAT HAS BEEN CLASSIFIED AS NOT MEETING THE PRIMARY (HEALTH-RELATED) STANDARD FOR OZONE. EPA REGION II, THEREFORE, SEEKS THE EXPEDITIOUS INITI- ATION OF A CIVIL ENFORCEMENT ACTION AGAINST DURALAB FOR IN- JUNCTIVE RELIEF AND THE IMPOSITION OF CIVIL PENALTIES PURSU- ANT TO SECT. 113(B) OF THE ACT. IN THE INTERIM, THIS REGION WILL ACTIVELY PURSUE SETTLEMENT NEGOTIATIONS WITH THE COM- PANY IN AN ATTEMPT TO SECURE A FEDERAL CD EMBODYING AN EX- PEDITIOUS COMPLIANCE SCHEDULE AND APPROPRIATE CIVIL PENALTY UNDER SECT. 113(B) OF THE ACT. IN ADDITION, THIS REGION WILL CONCURRENTLY PURSUE ITS SEPARATE ADMINISTRATIVE NONCOMPLI- ANCE PENALTY ACTION UNDER SECT. 120 OF THE ACT. ********** CONTEMPT ACTION - THIS ACTION IS BASED ON VIOLATIONS OF A CONSENT DECREE ENTERED IN THE US DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK TO RESOLVE A MAJOR VOC STATIONARY SOURCE ENFORCEMENT ACTION FILED AGAINST DURALAB EQUIPMENT CORPORATION FOR VIOLATIONS OF THE FEDERAL CLEAN AIR ACT AND 6 NYCRR PART 228, THE NEW YORK SIP PROVISION DESIGNED TO ENABLE NON-ATTAINMENT AREAS IN NEW YORK TO ATTAIN AND MAINTAIN THE NATIONAL AM

Defendants (1)

• DURALAB EQUIPMENT CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• DURALAB EQUIPMENT CORPORATION

  107-23 FARRAGUT ROAD, BROOKLYN, NY, 11236

  Registry ID: 110012645003

• DURALAB EQUIPMENT CORPORATION

  107-23 FARRAGUT ROAD, BROOKLYN, NY, 11236

  Registry ID: 110012645003

Statutes cited

• CAA 113 — Clean Air Act
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• DURALAB EQUIPMENT CORPentered 1984-07-27

  Primary law: CAA

  Federal penalty: $11,000

Timeline (8 milestones)

• 1983-08-05Referred To Headquarters
• 1983-08-12Referred To Dept Of Justice
• 1983-09-08Referred TO U.S. Attorney
• 1983-09-20Complaint Filed With Court
• 1984-07-27Final Order Lodged
• 1984-07-27Final Order Entered
• 1984-07-27Concluded
• 1992-09-19Enforcement Action Closed