EPA v. COLUMBUS COATED FAB

Case summary

NATURE OF THE CASE: CCF MANUFACTURES WALLTEX, WALL COVERINGS, AUTOMOBILE UPHOLSTERY & RELATED PRODUCTS AT ITS FACILITY IN COLUMBUS, OH. TWO COAL FIRED BOILERS USED TO PRODUCE PRO- CESS STEAM & HEAT FOR THE FACILITY EMMIT PARTICULATE MATTER & ARE SUBJECT TO OH REGULATIONS AP-3-11(LIMITING PARTICULATE EMISSIONS) & AP-3-07(LIMITING OPACITY OF EMISSIONS). CAUSE OF ACTION: ON 10/18/76 US EPA ISSUED AN NOV TO CCF PURSUANT TO SEC 306 OF THE CAA, CITING VIOL'S OF AP-3-11 & AP-3-07 STACK TESTS CONDUCTED IN 7/75, 1/75 & 5/77 ALL DEMOSTRAT- ED PARTICULATE EMISSIONS IN EXCESS OF THOSE PERMITTED BY AP-3-11. VISIBLE EMISSIONS READINGS TAKEN ON 9/18/76; 9/19/76 & 1/13/77, ALL PROVIDED EVIDENCE OF VIOL'S OF AP-3-07. CCF HAS REFUSED TO INSTALL THE POLLUTION CONT- ROLS NECESSARY TO COMPLY W/AP-3-11 & AP-3-07. IT HAS BASED ITS DEFENSE ON A DIFFERENT INTERPRETATION OF THE REGULATION. PROPOSED REMEDY: ON 7/16/81, OH EPA ISSUED TWO PERMITS TO OPERATE FOR CCF'S BOILER'S #1 & #2. THE PERMIT'S REQUIRE CCF TO OPERATE ITS BOILERS AT APPROX 50% CAPACITY, IN COMPLIANCE W/NEW OH REGULATIONS WHICH HAVE BEEN SUBMITTED TO EPA AS PROPOSED SIP REVISIONS. EPA HAS PROPOSED APPROVAL OF THE SIP REVISION BUT OMB HAS NOT YET APPROVED THE REVISED SIP. NATIONALLY SIGNIFICANT ISSUES: REGN 5 HAS ATTEMPTED TO NEGOTIATE A STTLMNT W/CCF. THE REMAINING ISSUE IS WHETHER THE PLTY AMOUNT AGREED TO BY CCF IS ACCEPTABLE UNDER THE CIVIL PLTY POLICY.

Defendants (1)

• BORDEN, INC.Named in complaint

Facilities (1)

• DECORATIVE SURFACES INTERNATIONAL INCORPORATED

  1280 NORTH GRANT AVENUE, COLUMBUS, OH, 432012847

  Registry ID: 110000382238

Statutes cited

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

Timeline (6 milestones)

• 1977-12-14Referred To Headquarters
• 1978-01-25Referred To Dept Of Justice
• 1978-07-09Referred TO U.S. Attorney
• 1978-09-13Complaint Filed With Court
• 1985-11-25Concluded
• 1985-11-25Enforcement Action Closed