EPA v. SHULTZ COMPANY

Case summary

NATURE OF THE CASE: SHULTZ OPERATES A MANUFACTURING PLANT IN MANHATTAN, NY, AT WHICH COATINGS ARE APPLIED TO METAL FURNITURE. THE SHULTZ PLANT IS A MAJOR SOURCE OF VOC. (VOC EMISSIONS ARE PRECUR- SORS TO THE CREATION OF PHOTOCHEMICAL OXIDANTS AND OZONE.) NEW YORK COUNTY, IN WHICH THE FACILITY IS LOCATED, IS AN AREA NOT ATTAINING THE PRIMARY HEALTH-RELATED STANDARD FOR OZONE (40 CFR 81.333). THE COATINGS USED AT THE SHULTZ FACILITY CONTAIN ORGANIC SOLVENTS; THE COATING PROCESS IS THEREFORE SUBJECT TO THE RQRMTS OF 6 NYCRR PART 228 (A PORTION OF THE NYSIP). THE MAXIMUM PERMISSIBLE SOLVENT CONTENT OF COATINGS IS SET FORTH IN TABLE I OF THE REGULATION: METAL FURNITURE COATING OP- ERATIONS MAY NOT EXCEED A SOLVENT CONTENT OF 3.0 POUNDS OF ORGANIC SOLVENT PER GALLON OF COATING AT APPLICATION. COM- PLIANCE WITH THE SIP STANDARD WAS REQUIRED NLT JULY 1, 1980. ON JUNE 17, 1982, THE USEPA REGION II ISSUED A NOV TO SHULTZ FOR EMITTING VOLATILE ORGANIC COMPOUNDS IN EXCESS OF THE MAXIMUM PERMITTED UNDER THE APPLICABLE NYS REGULATION, SECTION 228.1, TITLE 6 NYCRR. THE EPA MET WITH THE COMPANY AND AN AGREEMENT WAS REACHED SHORTLY THEREAFTER. A FINAL JUDGMENT ON CONSENT WAS FILED ON MAY 9, 1983 WHICH INCLUDED A CIVIL PENALTY OF $2,000. THE SHULTZ COMPANY WAS ORDERED TO ACHIEVE AND THEREAFTER MAINTAIN COMPLIANCE WITH THE EMISSIONS OF VOC FROM METAL FURNITURE COATING LINES. ON SEPTEMBER 27, 1983 THE REGION II OFFICE OF THE NY DEC ADVISED EPA THAT SAMPLES OF COATINGS USED BY SHULTZ HAD BEEN ANALYZED BY THE NYS DEPT. OF HEALTH. THE RESULTS OF THE AN- ALYSIS INDICATED THAT SHULTZ WAS USING NON-CONFORMING PAINT COATINGS IN VIOLATION OF 6 NYCRR PART 228 & THE FEDERAL CON- SENT ORDER. THEREFORE, THE EMISSIONS OF VOC FROM THE PLANT ARE ONCE AGAIN IN EXCESS OF THE LEVEL ALLOWED UNDER SIP. THESE EMISSIONS NO DOUBT CONTRIBUTE TO THE VIOLATIONS OF THE NATIONAL AMBIENT AIR QUALITY STANDARD FOR OZONE THAT ALREADY EXIST IN THIS & SURROUNDING JURISDICTIONS. CAUSE OF ACTION: EPA RECOMMENDS THAT A MOTION TO MODIFY THE ORIGINAL CON- SENT DECREE BE FILED. THIS IS NECESSARY TO ALLOW THE COL- LECTION OF AN ADDITIONAL $4,000 IN CIVIL PENALTIES PURSUANT TO CAA/113, 42 USC 7413. THE ORIGINAL CONSENT DECREE DID NOT PROVIDE FOR STIPULATED PENALTIES FOR VIOLATION OF ITS TERMS.

Defendants (1)

• SHULTZ COMPANYNamed in complaintNamed in settlement

Facilities (1)

• SHULTZ INDUSTRIES

  44 W 143 ST, NEW YORK CITY, NY, 10037

  Registry ID: 110001577936

Statutes cited

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

Enforcement conclusions (1)

• SHULTZ COMPANYentered 1985-10-10

  Primary law: CAA

  Federal penalty: $4,000

Timeline (7 milestones)

• 1984-12-26Referred To Dept Of Justice
• 1985-09-27Referred TO U.S. Attorney
• 1985-09-30Complaint Filed With Court
• 1985-10-10Final Order Lodged
• 1985-10-10Final Order Entered
• 1985-10-10Concluded
• 1986-11-20Enforcement Action Closed