EPA v. AVCO AEROSTRUCTURES - DIV OF TEXTRON, INC

Case summary

NATURE OF THE CASE THIS ACTION IS BROUGHT PURSUANT TO THE CAA, SECTION 113(B) FOR VIOLATIONS OF REGULATION #7, OF THE NASHVILLE & DAVIDSON COUNTYAIR POLLUTION CONTROL ORDINANCE. DEFENDANT OWNS & OPERATES TWO AEROSPACE MFG FACILITIES IN NASHVILLE, TN. . DEFENDANT HAS OPERATED IN VIOLATION OF REG- ULATION #7 SINCE AT LEAST JANURARY 1, 1985. DEFENDANT HAS VI OLATED REGULATION 7 BECAUSE IT HAS USED, & CONTINUES TO USE, PRIME COAT PAINTS WHICH EXCEED THE APPLICABLE REGULATORY E- MISSION LIMIT OF 2.9 LBS OF VOLATILE ORGANIC COMPOUNDS PER GALLON OF COATING APPLIED. EPA SEEKS CIVIL PENALITIES OF $905,250.00 IN THIS ACTION. IN JUNCTIVE RELIEF IS REQUESTED, BUT A SETTLEMENT W/DEFENDANT IS IMMINENT. THIS CASE MAY BE SIGNIFICANT AS IT IS ONE OF EPA'S FIRST ACT IONS AGAINST A DOD CONTRACTOR. NEGOTIONS, ON-GOING MEETING TO BE SCHEDULED FOR END OF JUNE OR EARLY JULY. THE COMPLAINT HAS NOT BEEN FILED YET. WE EXPECT IT TO BE FILED BY THE END OF THIS WEEK. WE HAD A MEETING WITH AVCO ON 06/30/87. ROSEZELLA & RUSSELL HARMS ARE IN THE PROCESS OF DRAFTING A CONSENT DECREE. THE PENALTIES CAN NOW CLOSE TO 1 1/2 MILLION DOLLARS.

Defendants (1)

• AVCO AEROSTRUCTURES DIV OF TEXTRON, INC.Named in complaintNamed in settlement

Facilities (2)

• THE AEROSTRUCTURES CORPORATION

  1431 VULTEE BOULEVARD, NASHVILLE, TN, 372172016

  Registry ID: 110000370839

• THE AEROSTRUCTURES CORPORATION

  1431 VULTEE BOULEVARD, NASHVILLE, TN, 372172016

  Registry ID: 110000370839

Statutes cited

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

Enforcement conclusions (1)

• AVCO CORPORATIONentered 1989-07-18

  Primary law: CAA

  Federal penalty: $377,777 · State/local: $122,221

Timeline (6 milestones)

• 1987-04-09Referred To Dept Of Justice
• 1987-08-06Complaint Filed With Court
• 1989-07-18Final Order Lodged
• 1989-07-18Final Order Entered
• 1989-07-18Concluded
• 1989-07-18Enforcement Action Closed