EPA v. ALL PURPOSE ROLL LEAF CORP.

Case summary

NATURE OF THE CASE THE REGION PROPOSES FILING A CIVIL ACTION PURSUANT TO SECTION 113(B) OF THE CAA (42 USC 7413(B)) AGAINST ALL PURPOSE ROLL LEAF CORP (APRL OR THE CO. ) FOR ITS VIOLATION OF TITLE 7, CHAPTER 27, SUB-CHAPTER 16.5 OF THE N.J. ADMIN. CODE (NJAC 7:27;16.5). THIS REGULATION IS DESIGNED TO LIMIT THE EMISSION OF VOLATIVE ORGANIC COMPOUNDS (VOC) INTO THE ATMOSPHERE BY SPECIFYING A MAX PERMISSIBLE VOC SOLVENT CON- TENT FOR COATINGS USED AT SURFACE COATING OPERATIONS. THIS REG IS A PROVISION OF N.J.'S STATE IMPLEMENTATION PLAN (SIP) AND APPLICABLE TO THE AIR QUALITY CONTROL REGION IN WHICH APRL IS LOCATED. APRL, A SURFACE COATING OPERATION, USES COATINGS WITH ABOUT 5.8 TO 9.6 LBS OF ORGANIC FOR EACH GALLON OF COATING APPLIED (MINUS WATER). THE VOC CONTENT OF THE CO'S COATING IS MORE THAN DOUBLE THE AMOUNT ALLOWED UNDER NJAC 7:27;16.5 (2.9 LBS/GAL (MINUS WATER)). THE CO'S ACTUAL EMMISIONS OF VOC ARE ESTIMATED TO BE 580 TONS/YR. THE CO'S ALLOWABLE EMISSIONS IN TONS/YR CANNOT BE CALCULATED. FROM THE INFO SUBMITTED, HOWEVER, AFOREMENTIONED NUMBERS INDICATE THAT APRL IS ONE OF THE LARGER SOURCES OF VOC EMISSIONS IN THE STATE OF N.J., AN AREA THAT IS NOT MEETING THE PRIMARY (HEALTH RELATED) STANDARD FOR OZONE. BASED ON AN INSPECTION DONE BY EPA ON 1/18/83, SAMPLING DONE BY THE N.J. DPT. OF ENVIR. PROTECTION (NJDEP) ON 2/18/83, AND INFO IN THE FILED OF THE NJDEP BUREAU OF AIR POLLUTION CONTROL ON 3/14/83, REGION II OF EPA ISSUED A NOV (INDEX #30101) TO APRL FOR FAILURE TO COMPLY WITH NJAC 7:27;16.5. NJDEP SAMPLED APRL'S COATINGS ON 2/17/83 AND CONFIRMED THAT THE CO IS IN CONTINUING VIOLATION OF THIS REGULATION AND HAS NOT SUBMITTED AN ADEQUATE PLAN TO ACHEIVE COMPLIANCE TO EITHER EPA OR THE NJDEP. EPA MET WITH CO ON 4/12/83 IN RESPONSE TO THE CO'S REQUEST FOR A CONFERENCE PURSUANT TO SECTION 113(A)(4) OF THE CAA. COUNSEL FOR THE CO, MR HEERWAGEN, STATED THAT ALTHOUGH THE CO WISHED TO BE COOPERATIVE AND WAS IMPLEMENTING ITS RE- FORMULATION STRATEGY, THE CO OBJECTED TO ITS CLASSIFICATION AS A PAPER COATER & HAD FILED AN APPLICATION FOR A HEARING IN RESPONSE TO A 1982 NJDEP ORDER REQUIRING APRL TO SUBMIT A COMPLIANCE PLAN. THE CO ALSO CHALLENGED THE NJDEP POLICY WITH REGARD TO SURFACE COATERS THAT WHEN CALCULATING THE ALLOWABLE EMISSION RATE THE WATER IN THE COATING IS NOT COUNTED IN THE CALCULATIONS. THE CO HAD PREVIOUSLY SUBMITTED ITS STRATEGY & DATE TO NJDEP BUT ALLEGED IT COULD NOT SUBMIT A SPECIFIC SCHEDULE REGARDING REFORMULATION. THE CO ALSO ALLEGED THAT THE NJDEP WAS NOT AWARE OF ITS RECENT PROGRESS IN REDUCING VOC EMISSIONS. THE CO AGREED TO SUBMIT A COM- PLIANCE PLAN AND CURRENT DATA TO EPA. SUBSEQUENT TO THE MEETING, THE CO SUBMITTED ITS DATA FOR THE PRIOR YEAR BUT DID NOT SUBMIT A COMPLIANCE PLAN. USING THE CO'S FIGURES, THE EPA ENGINEER PROJECTED THAT APRL WOULD NOT ACHEIVE A SUBSTANTIAL REDUCTION FOR SIX YEARS. EPA IN- FORMED THE CO THAT BOTH THE RATE OF REDUCTION AND THE LACK OF A DEFINITE TIMETABLE TO ACHIEVE COMPLIANCE WERE UNACCEP- TABLE & THAT THE MATTER WAS BEING REFERRED TO CIVIL PROSE- CUTION. APRL'S ATTY ASKED TO MEET W/EPA TO DISCUSS A SCHE- DULE. ON 7/6/83 THE CO MET W/EPA & AGREED TO SUBMIT A REA- SONABLE SCHEDULE BY 7/20/83. IT SHOULD BE NOTED THAT THE ATTY AT THAT TIME WAS STILL PROTESTING APRL'S CLASSIFICATION AS A PAPER-COATER & THE EPA & NJDEP POLICY REGARDING THE SUBTRACTION OF WATER. A SCHEDULE WAS RECEIVED BY EPA ON 7/27/83. IT WAS NOT POSSIBLE TO ASSESS THE SCHEDULE IN THE FORMAT USED BY APRL DESPITE EXPLICIT INSTRUCTIONS FROM EPA ENGINEER. (PROPOSED REMEDY) THE REGION EXPECTS TO BE ABLE TO REACH A SETTLEMENT OF THIS MATTER W/ APRL PROVIDING FOR A

Defendants (1)

• ALL PURPOSE ROLL LEAFNamed in complaintNamed in settlement

Facilities (2)

• ALL PURPOSE ROLL LEAF CORPORATION

  37 WEST CENTURY ROAD, PARAMUS, NJ, 076521409

  Registry ID: 110006080631

• ALL PURPOSE ROLL LEAF CORPORATION

  37 WEST CENTURY ROAD, PARAMUS, NJ, 076521409

  Registry ID: 110006080631

Statutes cited

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

Enforcement conclusions (1)

• ALL PURPOSE ROLL LEAFentered 1985-03-14

  Primary law: CAA

  Federal penalty: $50,000

Timeline (8 milestones)

• 1983-08-17Referred To Headquarters
• 1983-09-12Referred To Dept Of Justice
• 1983-09-27Referred TO U.S. Attorney
• 1983-11-07Complaint Filed With Court
• 1985-03-14Concluded
• 1985-03-14Final Order Lodged
• 1985-03-14Final Order Entered
• 1989-06-30Enforcement Action Closed