EPA v. SILGAN CONTAINERS CORPORATION (NATIONAL CASE)

Case summary

3/13/07 - SILGAN SELF-DISCLOSED AND IS CORRECTING ITS VIOLATIONS PURSUANT TO A CORPORATE AUDIT AGREEMENT ENTERED INTO WITH EPA ON OCT 1999, CONSISTENT WITH EPA'S INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOSURE, CORRECTION AND PREVENTION OF VIOLATIONS (AUDIT POLICY). AS PART OF THE CORPORATE AUDIT AGREEMENT, SILGAN DISCLOSED NONCOMPLIANCE WITH THE CAA, INCLUDING NEW SOURCE REVIEW (NSR) RELATED VIOLATIONS IN EPA REGIONS 2, 4, 5, 6, 7, 9, AND 10. SILGAN'S NATIONAL AUDIT FOCUSED ON TWO MAIN POINTS OF COMPLIANCE: (1) COMPLIANCE WITH FEDERAL AND STATE/LOCAL-APPROVED PROGRAMS TO IMPLEMENT THE NSR PROVISIONS OF THE CAA; AND (2) COMPLIANCE WITH ALL OTHER APPLICABLE FEDERAL, STATE, AND LOCAL AIR POLLUTION REGULATIONS THAT IMPOSE SPECIFIC EMISSION LIMITS OR REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) STANDARDS. AS PART OF THIS SECOND ISSUE, FACILITY-SPECIFIC PERMIT CONDITIONS WERE REVIEWED TO ENSURE COMPLIANCE. INCLUDED AS PART OF THE NATIONAL SELF DISCLOSURE, SILGAN NOTED VIOLATIONS AT THE TARRANT CITY, AL, AND MAXTON, NC, FACILITIES, BOTH LOCATED IN EPA, REGION 4. 8/2/10 - CD ENTERED. CD ADDRESSES NONCOMPLIANCE WITH THE CAA AT 18 FACILITIES OWNED, LEASED OR OPERATED BY SILGAN. OF THE 18 FACILITIES, 2 ARE LOCATED IN REGION 4 (MAXTON, NC, AND TARRANT, AL). SILGAN AND EPA ENTERED INTO AN AUDIT AGMT WHICH REFLECTED EPA'S AUDIT POLICY, AND SILGAN COMMENCED A NATIONAL AUDIT OF ITS FACILITIES' COMPLIANCE WITH THE CAA. SILGAN CONDUCTED A REVIEW OF EACH FACILITY (A TOTAL OF 28) ON A REGION-BY-REGION BASIS, BETWEEN OCT 15, 1999, AND NOV 29, 2004. SILGAN DISCLOSED NONCOMPLIANCE WITH THE PREVENTION OF SIGNIFICANT DETERIORATION/NEW SOURCE REVIEW (PSD/NSR) PROVISIONS OF THE CAA (AND OTHER CAA REQUIREMENTS) AND VOLUNTARILY CORRECTED MANY OF THE VIOLATIONS PRIOR TO THIS SETTLEMENTS. THE SETTLEMENT RESOLVES THE FOLLOWING VIOLATIONS: 1. PSD, PART C OF TITLE 1 OF THE CAA. 2. NONATTAINMENT NSR. 3. THE FEDERALLY APPROVED AND ENFORCEABLE STATE IMPLEMENTATION PLANS (SIPs) IN EACH OF THE STATES WHERE A SILGAN FACILITY IS LOCATED, THAT INCORPORATE AND/OR IMPLEMENT THE ABOVE-LISTED FEDERAL PSD AND/OR NONATTAINMENT NSR REQUIREMENTS.

Defendants (1)

• SILGAN CONTAINERS CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• SILGAN CONTAINERS MANUFACTURING CORP.

  140 GOODRICH, TARRANT CITY, AL, 35217

  Registry ID: 110000366853

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 183[E][B] — Federal Ozone Measures
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• SILGAN CONTAINERS CORPORATION (NATIONAL CASE)entered 2010-08-02

  Primary law: CAA

  Federal penalty: $36,500

Timeline (8 milestones)

• 2007-03-13Referred To Dept Of Justice
• 2007-03-22Enforcement Action Data Entered
• 2010-06-14Complaint Filed With Court
• 2010-06-14Final Order Lodged
• 2010-08-02Final Order Entered
• 2010-08-02Concluded
• 2017-05-16Enforcement Action Closed
• 2017-05-16Air Resolved