EPA v. ALCAN FOIL PRODS CO./DIV OF ALCAN ALUMINUM

Case summary

NATURE OF THE CASE THIS IS A PROPOSED ACTION FOR A CIVIL PENALTY & PERMANENT INJUNCTION AGAINST ALCAN FOIL PRODS, A DIVISION OF ALCAN ALUMINUM CORP, FOR VIOLATIONS OF THE KEN- TUCKY SIP PURSUANT TO SECTION 113(B)(2) OF THE CAA. SINCE 18 JAN 85, DEFENDANT HAS FAILED TO USE REASONABLY A- VAILABLE CONTROL TECHNOLOGY ON SEVEN LAMINATOR/COATER/PRINT- ER MACHINES & ON TWO COATER/PRINTER MACHINES. M RELIEF REQUESTED THE RELIEF REQUESTED CONSISTS OF AN IN- JUNCTION REQUIRING DEFENDANT TO COMPLY W/ALL APPLICABLE RE- QUIREMENTS OF THE KENTUCKY SIP, & A CIVIL PENALTY IN THE A- MOUNT OF $222,000. SIGNIFICANT LEGAL OR FACTUAL ISSUES INCLUDE EQUITABLE DE- FENSES THAT DEFENDANT MIGHT NOTBE IN VIOLATION OF THE KEN- TUCKY SIP, AS THE LOCAL AIR POLLUTION CONTROL DISTRICT HAD SUBMITTED AN EMISSION TRADING SCHEME (BUBBLE) TO EPA AS A SIP REVISION.

Defendants (1)

• ALCAN ALUMINUM CORPNamed in complaintNamed in settlement

Facilities (2)

• REYNOLDS METALS COMPANY INCORPORATED

  1225 WEST BURNETT STREET, LOUISVILLE, KY, 40210

  Registry ID: 110000378190

• REYNOLDS METALS COMPANY INCORPORATED

  1225 WEST BURNETT STREET, LOUISVILLE, KY, 40210

  Registry ID: 110000378190

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• ALCAN FOIL PRODUCTSentered 1993-06-24

  Primary law: CAA

  Federal penalty: $222,000

Timeline (7 milestones)

• 1987-03-30Referred To Dept Of Justice
• 1987-06-23Referred TO U.S. Attorney
• 1987-07-15Complaint Filed With Court
• 1993-06-24Final Order Lodged
• 1993-06-24Final Order Entered
• 1993-06-24Concluded
• 1993-06-24Enforcement Action Closed