EPA v. JAMES RIVER - ROCHESTER, INC.

Case summary

PAPER COATING PROCESS VIOLATING SIP VOC EM. LIMITATIONS. IN NON-ATTAIN. AREA, DETROIT. THIS IS POST-1982 POLICY CASE. ADMINISTRATIVE SOLUTION, REVISION OF SIP BY MICH., APPEARS TO REG. V TO BE INAPPROVABLE. REFORMATION OF COAT- INGS (NOT ALL) AND 30 DAY AVERAGING WAS COMPANY S RECOMMEND SOLUTION. $50 K SETTLEMENT FIGURE IS PROPOSED. 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 VIO- LATORS OF APPLICABLE SIPS. PROPOSED REMEDY JAMES RIVER MUST EITHER REFORMULATE ITS COATINGS TO A NONSOLVENT 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 $50,000 FOR SETTLEMENT PUR- POSES. SYNOPSIS JAMES RIVER-ROCHESTER, INC. ( JAMES RIVER ) MANUFAC- TURES PAPER MATERIALS, MOST OF WHICH ARE USED AS MEDIA FOR INDUSTRIAL AND CARTRIDGE FILTER MATERIALS. THE PLANT HAS ONE PAPER COATING LINE WHICH CONTAINS A SATURATOR AT WHICH RESIN IS APPLIED TO THE CARTRIDGE PAPER AND AN OVEN FROM WHICH SOLVENT AND WATER ARE EVAPORATED. APPROXIMATELY 80% OF THE RESIN UTILIZED IS SOLVENT BASED. EVAPORATION OF THE SOLVENT BASED RESINS RESULTS IN THE EMISSION OF VOLATILE ORGANIC COMPOUNDS ( VOC ) INTO THE AMBIENT AIR. THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( U.S. EPA OR THE AGENCY ), REGION V, ESTIMATES THAT ACTUAL, UNCONTROLLED VOC EMISSIONS IN 1982 WERE 1,963 TONS. THE MICHIGAN STATE IMPLEMENTATION PLAN ( SIP ), APPROVED AND ENFORCEABLE BY U.S. EPA UNDER THE CLEAN AIR ACT ( THE ACT ), REQUIRED JAMES RIVER TO REDUCE ITS VOC EMISSIONS TO 409 TONS A YEAR BY DECEMBER 31,1982. THESE EMISSIONS CONTRIBUTE TO OZONE FORMATION IN AIR QUALITY CONTROL REGION 123, WHICH INCLUDES THE ROCHESTER AREA, WHICH IS A PRIMARY NONATTAINMENT AREA FOR OZONE. SECTION 113(B) OF 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 JAMES RIVER. U.S. EPA, REGION V, RECOMMENDS THAT JAMES RIVER BE REQUIRED TO COMPLY WITH AN EXPEDITIOUS SCHEDULE FOR COMPLIANCE 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 $50,000.

Defendants (1)

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

Facilities (2)

• FIBERMARK

  340 MILL ST., ROCHESTER, MI, 48307

  Registry ID: 110041976378

• FIBERMARK

  340 MILL ST., ROCHESTER, MI, 48307

  Registry ID: 110041976378

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 113B — Clean Air Act

Enforcement conclusions (1)

• JAMES RIVER - ROCHESTER, INC.entered 1987-01-29

  Primary law: CAA

  Federal penalty: $110,000

Timeline (8 milestones)

• 1983-09-27Referred To Headquarters
• 1983-10-28Referred To Dept Of Justice
• 1984-02-14Referred TO U.S. Attorney
• 1984-02-21Complaint Filed With Court
• 1987-01-29Final Order Lodged
• 1987-01-29Final Order Entered
• 1987-01-29Concluded
• 1989-09-30Enforcement Action Closed