EPA v. JAMES RIVER-KVP, INC.

Case summary

3 PAPER PRINTING & COATING OPERATIONS ARE VIOLATING SIP LIMITS FOR VOC WHICH REQUIRED COMPLIANCE BY 1983. LOCATION IS RURAL NONATTAINMENT AREA NEAR KALAMAZOO, MICH. ADMIN. SOLUTION, REVISION OF SIP, APPEARS TO BE INAPPROVABLE BY REGION V. REFORMULATION OF COATINGS MORE SUBSTANTIALLY RE- SOLVE THE CASE. A PENALTY SETTLEMENT OF $25,000 IS SUGGES- TED BY REG. V. OZONE FORMATION IN THE KALAMAZOO AREA, WHICH IS A PRIMARY NONATTAINMENT AREA FOR OZONE. CAUSE OF ACTION SECTION 113(B) OF THE CLEAN AIR ACT, 42 U.S.C. 7413(B) AUTHORIZES THE ADMINISTRATOR OF THE UNITED STATES ENVIRON- MENTAL PROTECTION AGENCY TO COMMENCE A CIVIL ACTION TO ABATE VIOLATIONS AND RECOVER CIVIL PENALTIES AGAINST VIOLATORS OF APPLICABLE SIPS. PROPOSED REMEDY KVP MUST EITHER REFORMULATE ITS COATINGS TO A NON- SOLVENT BASE, OR INSTALL AIR POLLUTION CONTROL EQUIPMENT TO INCINERATE OR ABSORB THE VOC TO ACHIEVE COMPLIANCE WITH THE MICHIGAN SIP. THE RELIEF SOUGHT INCLUDES PAYMENT OF CIVIL PENALTIES OF A MINIMUM OF $25,000 FOR SETTLEMENT PURPOSES. SYNOPSIS JAMES RIVER-KVP, INC. ( KVP ) MANUFACTURES PAPER PRO- DUCTS WHICH INCLUDE PARCHMENT PAPER USED PRINCIPALLY FOR THE MANUFACTURE OF RELEASE SHEETS FOR SELF-SEALING ROOFING SHINGLES, PAN LINERS, AND FOOD LABELS, COATED RELEASE SHEET PAPER FOR THE DECORATIVE LAMINATE INDUSTRY, GUM WRAPPERS, AND DRESS-MAKING PATTERNS. THE COMPANY HAS THREE SEPARATE PRINTING AND COATING PROCESSES WHICH EMIT VOLATILE ORGANIC COMPOUNDS ( VOC ) INTO THE AMBIENT AIR. THESE THREE EMISSION SOURCES ARE THE 55 PARCHMENT MACHINE, THE SOLVENT COATER, AND THE GRAVURE GRAPHIC ARTS LINE. EVAPORATION OF SOLVENT, SILICONE, AND POLYESTER BASED COATINGS AND INKS RESULTS IN THE VOC EMISSIONS. ACTUAL, UNCONTROLLED VOC EMISSIONS FROM THE KVP PLANT WERE APPROXIMATELY 830 TONS PER YEAR IN 1982. ALLOWABLE EMISSIONS PURSUANT TO APPLIC- ABLE REGULATIONS OF THE MICHIGAN STATE IMPLEMENTATION PLAN ( MICHIGAN SIP ), APPROVED AND ENFORCEABLE BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( U.S. EPA ) UNDER THE CLEAN AIR ACT, ARE LESS THAN 250 TONS PER YEAR. THESE EMISSIONS CONTRIBUTE TO OZONE FORMATION IN AIR QUALITY CON- TROL REGION 125, WHICH INCLUDES PARCHMENT MICHIGAN. REGION 125 IS A PRIMARY NONATTAINMENT AREA FOR OZONE. SECTION 113(B)_OF THE CLEAN AIR ACT ( THE ACT ), 42 U.S.C. 7413(B), AUTHORIZES THE AGENCY TO INITIATE A CIVIL ACTION TO ABATE THE VIOLATING EMISSIONS AND SEEK CIVIL PENALTIES AGAINST MAJOR VOC SOURCES SUCH AS KVP. U.S. EPA, REGION V, RE- COMMENDS THAT KVP BE REQUIRED TO IMPLEMENT AN EXPEDITIOUS SCHEDULE TO COMPLY WITH THE MICHIGAN SIP. ADDITIONALLY, U.S. EPA SEEKS A PENALTY OF $25,000 PER DAY OF VIOLATION. FOR SETTLEMENT PURPOSES, U.S. EPA, REGION V, RECOMMENDS SEEKING A PENALTY OF $25,000.

Defendants (1)

• JAMES RIVER-KVP, INC.Named in complaintNamed in settlement

Facilities (2)

• CROWN PAPER COMPANY CROWN VANTAGE DBA

  100 ISLAND AVE., PARCHMENT, MI, 490041394

  Registry ID: 110012696001

• CROWN PAPER COMPANY CROWN VANTAGE DBA

  100 ISLAND AVE., PARCHMENT, MI, 490041394

  Registry ID: 110012696001

Statutes cited

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

Enforcement conclusions (1)

• JAMES RIVER-KVP, INC.entered 1985-09-12

  Primary law: CAA

  Federal penalty: $20,000

Timeline (8 milestones)

• 1983-09-29Referred To Headquarters
• 1983-10-28Referred To Dept Of Justice
• 1984-02-10Referred TO U.S. Attorney
• 1984-02-14Complaint Filed With Court
• 1985-09-12Final Order Lodged
• 1985-09-12Final Order Entered
• 1985-09-12Concluded
• 1989-09-15Enforcement Action Closed