EPA v. TARKETT INC.

Case summary

TARKETT INC. IS A DELAWARE CORPORATION W/ITS CORPORATE HEADQUARTERS IN PARSIPPANY, NJ. DEF MANUFACTURES FLOORING MATERIAL INCLUDING VINYL, HARD SURFACE & TILE AND OPERATES 2 MANUFACTURING PLANTS IN THIS COUNTRY. DEF'S WHITEHALL PA. PLANT IS THE SUBJECT OF THIS CIVIL ENFORCEMENT ACTION. THIS PLANT EMPLOYS 525 PEOPLE. IT CON- TAINS 4 COATING LINES (9-FT LINE, 12-FT LINE, BACK FOAM LINE & THE VINYL BASE COAT LINE) OF WHICH ONLY 3 ARE PRES- ENTLY OPERATING. THESE LINES ARE IN COMPLIANCE W/THE VOC STANDARDS. THIS PLANT ALSO CONTAINS 2 ROTOGRAVURE PRINTING PRESSES (9-FT PRINTING LINE & 12 FT PRINTING LINE) WHICH DO NOT HAVE VOC EMISSION CONTROLS. THE 9-FT LINE IS NOT PRESENTLY OP- ERATING & WAS NOT OPERATING DURING EPA'S INSPECTION, APPAR- ENTLY DUE TO THE LACK OF SUFFICIENT PRODUCT DEMAND. DEF'S MANUFACTURING PROCESS INCLUDES SURFACE COATING OPER ERATIONS & ROTOGRAVURE PRESS OPERATIONS WHICH GENERATE EMIS- SIONS OF VOLATILE ORGANIC COMPOUNDS (VOC). VOCS ARE A PRECURSOR OF OZONE & ARE REGULATED UNDER EPA'S APPROVED SIP FOR THE COMMONWEALTH OF PA. ON 9/18/84, EPA INSPECTORS CONDUCTED AN AIR COMPLIANCE INSPECTION PURSUANT TO SEC 114 OF CAA, 42 USC SEC 7414, TO DETERMINE COMPLIANCE W/APPLICABLE PA SIP REGULATIONS. A TO- TAL OF 5 SAMPLES WERE TAKEN DURING THIS INSPECTION, 2 FROM THE 12 FT ROTOGRAVURE PRESS ( THE ONLY ROTOGRAVURE PRESS OP- ERATING AT THIS PLANT). THESE LATTER 2 SAMPLES REPRESENTED EACH OF THE 2 INK COLORS BEING USED IN PRODUCTION THAT DAY AT THE 12-FT PRESS. ANALYSES OF THE 2 INK SAMPLES TAKEN FROM THE ROTOGRAVURE PRESS SHOW THAT THE SAMPLES DO NOT MEET THE VOC CONTENT RE- QUIREMENTS OF 25 PA CODE SEC 129.67(B)(1) & (2). DEF HAS NO CONTROLS ON THE 12 FT PRINTING LINE & THEREFORE DOES NOT SATISFY THE ALTERNATIVE REQUIREMENT OF 25 PA CODE SEC 129.67(B)(3), WHICH REQUIRES THE USE OF POSITIVE CONTROLS IF THE SPECIFIC REDUCTIONS OF VOCS REQUIRED UNDER SECS (B)(1) & (2) ARE NOT MET. TARKETT HAS NOT MADE ANY PROCESS CHANGES IN ITS SOLVENT COATINGS NOR ADDED ANY CONTROL SYSTEM SINCE EPA'S INSPECTION. EPA SEEKS INJUNCTIVE RELIEF & CIVIL PENALTIES FROM DEF. INJUNCTIVE RELIEF SHOULD INCLUDE AN ENFORCEABLE & EXPEDITI- OUS SCHEDULE FOR THE INSTALLATIONOF ADD-ON CONTROL EQUIP- MENT W/AN 8 MONTH COMPLIANCE SCHEDULE (OR LESS IF PRACTIC- ABLE) IF TARKETT CANNOT COME INTO COMPLIANCE IMMEDIATELY W/ WATER-BORNE COATINGS.

Defendants (1)

• TARKETT INC.Named in complaintNamed in settlement

Facilities (1)

• TARKETT INCORPORATED

  1139 LEHIGH AVE., WHITEHALL, PA, 18052

  Registry ID: 110000492333

Statutes cited

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

Enforcement conclusions (1)

• TARKETT INC.entered 1987-05-01

  Primary law: CAA

  Federal penalty: $117,500

Timeline (6 milestones)

• 1985-09-24Referred To Dept Of Justice
• 1986-01-03Complaint Filed With Court
• 1987-05-01Final Order Lodged
• 1987-05-01Final Order Entered
• 1987-05-01Concluded
• 1990-05-30Enforcement Action Closed