EPA v. DIETZGEN CORPORATION

Case summary

NATURE OF THE CASE DIETZGEN IS A PAPER COATER WHICH USES VOLATILE ORGANIC COMPOUNDS (VOC) TO MANUFACTURE DRAFTING PAPER, FILM, VELLUM AND TRANSPARENCIES. DIETZGEN EMITS OVER 94.8 TONS PER YEAR OF VOC. THE ILLINOIS STATE IMPLEMENTATION PLAN (SIP) RE- QUIRED DIETZGEN TO REDUCE THOSE EMISSIONS TO UNDER 51.1 TONS PER YEAR BY DECEMBER 31, 1982. THESE EMISSIONS CON- TRIBUTE TO OZONE FORMATION IN THE CHICAGO AIR QUALITY CON- TROL REGION, WHICH IS A PRIMARY NONATTAINMENT AREA FOR OZONE CAUSE OF ACTION DIETZGEN'S EMISSIONS ARE IN VIOLATION OF THE ILLINOIS SIP AND, BECAUSE DIETZGEN IS A MAJOR SOURCE, U.S. EPA IS REQUIRED TO BRING SUIT TO ABATE THE VIOLATIONS AND RECOVER CIVIL PENALTIES, UNDER SECTION 113 OF THE CLEAN AIR ACT, 42 U.S.C. 7413. PROPOSED REMEDY IN ORDER TO ACHIEVE COMPLIANCE WITH THE ILLINOIS SIP, DIETZGEN MUST EITHER INSTALL CONTROL EQUIPMENT SUCH AS AFTERBURNERS OR CARBON ADSORPTION EQUIPMENT, OR REDUCE THE AMOUNT OF VOC EMITTED BY REFORMULATING THE COATINGS USED. NATURE OF 1/27/84 ADDED REFERRAL DIETZGEN MANUFACTURES DRAFTING PAPER, COATED PLASTIC FILMS AND OTHER PAPER PRODUCTS AT ITS DES PLAINES FACILITY. THESE PRODUCTS ALL GO THROUGH A PAPER COATING PROCESS BY WHICH A PLASTIC FILM IS APPLIED TO A CONTINUOUS SHEET OF PAPER OR PLASTIC. LIQUID COATINGS USED IN THIS PROCESS ARE DISSOLVED IN OR DILUTED WITH SOLVENTS WHICH HAVE A HIGH VOLATILE ORGANIC COMPOUND (VOC) CONTENT PRODUCING VOC EMISSIONS. VOC EMISSIONS ARE PRECURSORS OF OZONE. DES PLAINES FACILITY LOCATED IN COOK COUNTY WHICH WAS DESIGNATED (1978) AND REMAINS A NON-ATTAINMENT AREA FOR OZONE, PURSUANT TO CAA 107. PART D OF CAA DETAILS PRECONSTRUCTION PERMITTING REQUIRE- MENTS FOR NEW MAJOR SOURCES OF POLLUTION WH/ ARE LOCATING IN NON-ATTAINMENT AREAS. SEC. 173 STATES THAT PERMITS TO CON- STRUCT AND OPERATE MAY BE ISSUED BY STATE PERMITTING AGENCY IF EMISSIONS FROM NEW SOURCE WILL NOT CAUSE AREA TO CONTINUE TO BE IN VIOLATION OF NAAQS. NEW SOURCE ALSO REQUIRED TO COMPLY WITH LOWEST ACHIEVABLE EMISSION RATE. SEC. 172 REQUIRED STATES TO OBTAIN EPA APPROVAL OF REGULA- TIONS IMPLEMENTING THE PERMITTING PROGRAM BY 7/1/79. IF STATE FAILED TO OBTAIN APPROVAL, CONSTRUCTION BAN WOULD GO INTO EFFECT FOR NON-ATTAINMENT AREAS IN STATE. EPA CONDITIONALLY APPROVED STATE PLAN ON 2/21/80, BUT 7TH CIRCUIT COURT ISSUED DECISION IN CITIZENS FOR A BETTER ENVI- RONMENT V. EPA ON 5/26/81 WHICH INVALIDATED ALL NEW CON- STRUCTION PERMITS. CAUSE OF ACTION DIETZGEN APPLIED TO ILLINOIS EPA FOR PERMIT TO CON- STRUCT LINE RC-7. IEPA GRANTED PERMIT, PURSUANT TO NEW SOURCE RULES CONDITIONALLY APPROVED BY U.S. EPA. DUE TO CITIZENS FOR A BETTER ENVIRONMENT V. EPA, CONSTRUCTION PER- MIT NOT VALID. EVEN IF PERMIT HAD BEEN ISSUED PURSUANT TO VALID NEW SOURCE REVIEW RULES, WOULD NOT HAVE BEEN VALID BECAUSE IN ISSUING PERMIT IEPA INCORRECTLY CALCULATED THE EMISSIONS OFFSETS NEEDED TO ALLOW SOURCE TO BEGIN TO OPERATE IN NON- ATTAINMENT AREA. DIETZGEN CANNOT RAISE DEFENSE THAT IT WAS OPERATING LINE RC-7 PURSUANT TO PERMIT ISSUED BY STATE AS DIETZGEN WAS NOT EVEN IN COMPLIANCE WITH THIS PERMIT. STATE PERMIT REQUIRED DIETZGEN TO INSTALL AN AFTERBURNER ON ONE OF ITS LINES AND SHUT DOWN ANOTHER. BOTH REQUIREMENTS NOT MET. LINE RC-7 HAS POTENTIAL TO BE MAJOR SOURCE OF EMISSIONS. ALTHOUGH EMISSIONS ARE CONTROLLED AND ARE PRESENTLY LESS THAN 35 TONS/YR, IT IS OPERATING W/

Defendants (1)

• DIETZGEN CORP.Named in complaintNamed in settlement

Facilities (2)

• DIETZGEN CORPORATION

  250 WILLE RD, DES PLAINES, IL, 60018

  Registry ID: 110000888969

• DIETZGEN CORPORATION

  250 WILLE RD, DES PLAINES, IL, 60018

  Registry ID: 110000888969

Statutes cited

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

Enforcement conclusions (1)

• DIETZGEN CORPORATIONentered 1988-07-27

  Primary law: CAA

  Federal penalty: $61,500

Timeline (8 milestones)

• 1983-10-14Referred To Headquarters
• 1983-11-07Referred To Dept Of Justice
• 1984-01-23Referred TO U.S. Attorney
• 1984-02-01Complaint Filed With Court
• 1988-07-27Final Order Lodged
• 1988-07-27Final Order Entered
• 1988-07-27Concluded
• 1988-07-27Enforcement Action Closed