EPA v. CONGOLEUM CORP.

Case summary

CONGOLEUM CORPORATION IS A DELAWARE CORPORATION W/ITS CORPORATE HEADQUARTERS LOCATED IN PORTSMOUTH, NH. THEY PRI- MARILY MANUFACTURE RESILIANT FLOOR COVERING FOR WHOLESALERS & RETAILERS, AND IT OPERATES SEVERAL MANUFACTURING PLANTS IN THIS COUNTRY. THE MARCUS HOOK FACILITY OCCUPIES 1,353,707 SQ FT & OPER- ATES 4 FINISHING LINES & 2 ROTOGRAVURE PRINTING PRESSES. THE FINISHING (COATING) LINES ARE USED TO APPLY & CURE VINYL PLASTISOL ON A SUBSTRATE WHICH IS LATER PRINTED W/A DESIGN ON THE ROTOGRAVURE PRESSES. THE FINAL PRODUCT IS A RESIL- IENT VINYL FLOOR COVERING. CONGOLEUM'S MANUFACTURING PROCESS INCLUDES SURFACE COATING OPERATIONS WHICH GENERATE EMISSIONS OF VOLATILE ORGANIC COM- POUNDS (VOC). VOCS ARE A PRECURSOR OF OZONE & ARE REGULATED UNDER EPA'S APPROVED STATE IMPLEMENTATION PLAN (SIP) FOR THE COMMONWEALTH OF PA. ON 8/22/84, EPA INSPECTORS CONDUCTED AN AIR COMPLIANCE INSPECTION UNDER SEC 114 OF CAA, 42 USC SEC 7414, TO DETERMINE COMPLIANCE W/APPLICABLE PA SIP REGULATIONS. A TO- TAL OF 7 SAMPLES WERE TAKEN DURING THIS INSPECTION, 2 FROM THE COATING LINES & 5 FROM THE 2 ROTOGRAVURE PRESSES. THE LATER 5 SAMPLES REPRESENTED EACH OF THE 5 INK COLORS BEING USED IN PRODUCTION THAT DAY AT BOTH PRESES. ANALYSIS OF THE 5 INK SAMPLES TAKEN FROM ROTOGRAVURE PRIN TING LINES #28 & # 121 DURING THE INSPECTION SHOW THAT THE SAMPLES DO NOT MEET VOC CONTENT REQUIREMENTS OF 25 PA CODE SEC 129.67(B)(1)& (2). CONGOLEUM HAS NO CONTROLS ON EITHER 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. CONGO- LEUM HAS NOT MADE ANY PROCESS CHANGES IN ITS SOLVENT COAT- INGS NOR ADDED ANY CONTROL SYSTEM SINCE EPA'S INSPECTION. EPA SEEKS INJUNCTIVE RELIEF & CIVIL PENALTIES FROM CONGO- LEUM. INJUNCTIVE RELIEF SHOULD INCUDE AN ENFORCEABLE & EX- PEDITIOUS SCHEDULE FOR THE INSTALLATION OF ADD-ON CONTROL EQUIPMENT W/AN 8 MONTH COMPLIANCE SCEDULE (OR LESS IF PRAC- TICABLE) IF CONGOLEUM CANNOT COME INTO COMPLIANCE IMMEDI- ATELY WATER-BORNE COATINGS.

Defendants (1)

• CONGOLEUM CORP.Named in complaintNamed in settlement

Facilities (1)

• CONGOLEUM CORPORATION

  4401 RIDGE ROAD, MARCUS HOOK, PA, 19061

  Registry ID: 110000584699

Statutes cited

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

Enforcement conclusions (1)

• CONGOLEUM CORPORATION, INC.entered 1988-04-27

  Primary law: CAA

  Federal penalty: $300,000

Timeline (6 milestones)

• 1985-09-24Referred To Dept Of Justice
• 1986-01-03Complaint Filed With Court
• 1988-04-27Final Order Lodged
• 1988-04-27Final Order Entered
• 1988-04-27Concluded
• 1990-05-30Enforcement Action Closed