EPA v. ART-LLOYD METAL PRODUCTS

Case summary

THIS CASE IS A CIVIL ACTION PURSUANT TO SECTION 113(B) OF THE CLEAN AIR ACT ( THE ACT ), 42 U.S.C. 7413(B), AGAINST ART-LLOYD METAL PRODUCTS CORP. ( ART-LLOYD ) FOR THEIR VIO- LATION OF 6 NYCRR PART 228 (STATE EFFECTIVE DATE AUG. 23, 19 1979). 6 NYCRR 228.1(A) LIMITS THE EMISSION OF VOC FROM STATIONARY SOURCES WITH ANNUAL POTENTIAL EMISSIONS AT OR EX- CEEDING 100 TONS. THIS REGULATION IS A PROVISION OF THE NY SIP, PROMULGATED BY THE EPA PURSUANT TO THE CAA/110, 42 USC 7410, AND APPLICABLE TO THE AIR QUALITY CONTROL REGION IN WHICH THE ART-LLOYD FACILITY IS LOCATED. ART-LLOYD OPERATES A METAL FURNITURE COATING LINE AT ITS OFFICE FURNITURE PLANT. ART-LLOYD PAINTS FURNITURE WITH A SINGLE BAKE ENAMEL FORMULATION, FOLLOWED BY GAS FIRED OVEN BAKING AT FOUR SPRAY BOOTHS, EACH CONSISTING OF SEVERAL STA- TIONS. THESE SPRAY BOOTHS ARE THE STATIONARY SOURCES OF AIR POLLUTION (VOC). THE ANNUAL POT. EMISSIONS AT ART-LLOYD EX- CEED 100 TONS. AS SUCH, ART-LLOYD IS SUBJECT TO THE EMIS- SION LIMITATIONS FOR VOC SET FORTH IN 6 NYCRR PART 228. ART-LLOYD'S FACILITY IS LOCATED IN BROOKLYN, NY, A NON- ATTAINMENT AREA FOR OZONE. (VOC IC A PRECURSOR OF OZONE). ART LLOYD IS SUBJECT TO A STD. OF 3.0 POUNDS OF VOC EMITTED PER GALLON OF PAINT UTILIZED. THE COATING THE FACILITY USES EMITS 75% MORE VOC THAN IS AUTHORIZED BY THE STD. ART LLOYD HAS ANNUAL POTENTIAL EMISSIONS OF 376 TONS. A FEB. 8, 1984, INSPECTION OF THE FACILITY BY AN EPA REGION II INSPECTOR CONFIRMED THAT THE FACILITY WAS USING COATINGS W/ VOC IN EXCESS OF THE LIMITS SET IN 6 NYCRR 228. BASED ON THIS INSPECTION, EPA REGION II ISSUED A NOV INDEX NO. 40223 ON 5/17/84, TO ART-LLOYD CITING THE FACILITY FOR VIOLATION OF 6 NYCRR 228.1(A)(1) AND (2). THE EPA INSPECTION & ISSUANCE OF THE NOV OCCURRED AFTER REPEATED EFFORTS BY THE NY DEC TO OBTAIN COMPLIANCE FROM ART-LLOYD. COMMENCING IN 3/82, DEC NOTIFIED ART-LLOYD OF RQMTS. OF PART 228. ART-LLOYD RESPONDED BY SUBMITTING IN- COMPLETE REQUESTS FOR A VARIANCE PURSUANT TO 6 NYCRR 228.3. THE RECORD INDICATES THAT THERE IS NOTHING TO PREVENT ART- LLOYD FROM COMPLYING WITH VOC EMISSION STD, WHICH SIMPLY RE- QUIRES PURCHASING COMPLYING COATINGS, ELECTROSTATIC SPRAY GUNS, AND HEATERS. THE ESTIMATED COST OF COMPLIANCE IS $31,000. AFTER REGION II'S 5/17/84 NOV, EPA DISCUSSED THE SITUATION W/ ART-LLOYD AT A CONFERENCE ON 8/8/84. ALTHOUGH ART-LLOYD DID NOT PRESENT A FIRM SCHEDULE OF COMPLIANCE AT THE CONFERENCE, BY LETTER OF 8/17/84, THE COMPANY INDICATED IT WOULD BE IN COMPLIANCE BY 11/1/84. BASED ON DEC'S PREVIOUS ENFORCEMENT ACTIONS & ART-LLOYD'S HISTORY OF FAILING TO COMMIT & COMPLY W/ 6 NYCRR PART 228, EPA IS ACTING TO SECURE COMPLIANCE BY SEEKING THE INITIATION OF A CIVIL ENFORCEMENT ACTION FOR AN INJUNCTION DIRECTING COMPLIANCE W/ THE PROVISIONS OF THE NY SIP (PART 228) IN AC- CORDANCE W/ A SCHEDULE TO BE EMBODIED IN A FEDERAL CONSENT DECREE. (THE SCHEDULE WILL ONLY BE NECESSARY IF ART-LLOYD IS NOT IN COMPLIANCE UPON THE FILING OF A COMPLAINT.) REGION II EPA WILL ACTIVELY PURSUE SETTLEMENT NEGOTIATIONS W/ ART- LLOYD IN THE INTERIM & MAY BE ABLE TO SECURE A FEDERAL CON- SENT DECREE EMBODYING AN INJUNCTION MANDATING COMPLIANCE & A SCHEDULE, IF NECESSARY FOR PAYMENT OF CIVIL PENALTIES. CAUSE OF ACTION: EPA RECOMMENDS THE FILING OF A CIVIL ACTION PURSUANT TO SECTION 113(B) OF THE CAA, 42, U.S.C. 7413(B). PROPOSED REMEDY: EPA SEEKS THE EXPEDITIOUS INITIATION OF A CIVIL ENFORCE- MENT ACTION FOR AN INJUNCTION MANDATING COMPLIANCE W/ THE PROVISIONS OF THE NY SIP PURSUANT TO CAA/113(B). EPA REGION II WILL ACTIVELY PURSUE SET. NEGOTIATIONS W/ ART-LLOYD IN THE INTERIM & WILL SEEK TO SECURE A FED. CONSENT DECREE EM- BODYING AN INJUNCTION SETTING FORTH

Defendants (1)

• ART-LLOYD METAL PRODUCTS CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• S & S X RAY PRODUCTS INCORPORATED

  1101 LINWOOD STREET, BROOKLYN, NY, 11208

  Registry ID: 110001571415

• S & S X RAY PRODUCTS INCORPORATED

  1101 LINWOOD STREET, BROOKLYN, NY, 11208

  Registry ID: 110001571415

Statutes cited

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

Enforcement conclusions (1)

• ART-LLOYD METAL PRODUCTS CORPentered 1987-06-08

  Primary law: CAA

  Federal penalty: $26,500

Timeline (6 milestones)

• 1984-09-28Referred To Dept Of Justice
• 1984-12-17Complaint Filed With Court
• 1987-06-08Final Order Lodged
• 1987-06-08Final Order Entered
• 1987-06-08Concluded
• 1989-01-01Enforcement Action Closed