EPA v. CHAMPION INTERNATIONAL CORP DAIRYPAK DIV

Case summary

NATURE OF THE CASE CHAMPION INTERNATIONAL CORPORATION, DAIRYPAK DIVISION, OPERATES A PLANT OUTSIDE OF CLEVELAND, OHIO, FOR THE MANU- FACTURE AND DISTRIBUTION OF POLYETHYLENE COATED PAPER MILK CARTONS. THE MANUFACTURING PROCESS INVOLVES FLEXOGRAPHIC PRINTING OPERATIONS WHICH ENTAIL THE USE OF SOLVENT BASED FLEXOGRAPHIC INKS. THE INK DRYING OPERATION GENERATES HEATED AIR CONTAINING VOLATILE ORGANIC COMPOUNDS (VOC'S) WHICH ARE VENTED INTO THE ATMOSPHERE. ON SEPTEMBER 15, 1983 REGION V ISSUED A NOTICE OF VIOLATION TO DAIRYPAK FOR GENER- ATING VOC'S IN EXCESS OF THE LIMITS PERMISSIBLE IN THE OHIO SIP. DAIRYPAK ACTUALLY EMITS APPROXIMATELY 300 TONS OF VOC'S PERYEAR, IN CONTRAST TO THE 124.3 TONS PER YEAR PER- MITTED UNDER THE APPLICABLE OHIO RULE. THE CLEVELAND AREA IS DESIGNATED AS A PRIMARY NONATTAINMENT AREA FOR OZONE. CAUSE OF ACTION DAIRYPAK'S EMISSIONS ARE IN VIOLATION OF THE OHIO SIP AND, BECAUSE DAIRYPAK 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. SECTION 7413. PROPOSED REMEDY IN ORDER TO ACHIEVE COMPLIANCE WITH THE OHIO SIP, DAIRYPAK MUST EITHER INSTALL CONTROL EQUIPMENT SUCH AS AFTERBURNERS OR CARBON ADSORPTION EQUIPMENT, OR REDUCE THE AMOUNT OF VOC EMITTED BY REFORMULATING THE INKS USED. REGION V RECOMMENDS A PENALTY FOR SETTLEMENT PURPOSES OF $100,000 TO $250,000. ISSUES OF NATIONAL AND PRECEDENTIAL SIGNIFICANCE DAIRYPAK HAS BEEN ISSUED A VARIANCE BY THE STATE OF OHIO WHICH INCORPORATES A COMPLIANCE PROGRAM BASED ON THE BUBBLE CONCEPT AND THE USE OF 30-DAY AVERAGING. THE VARIANCE WAS SUBMITTED TO REGION V BY OHIO FOR APPROVAL AS A SIP REVISION, AND WAS RETURNED TO OHIO WITHOUT PROCESSING ON THE MERITS BECAUSE THE SOURCE IS LOCATED IN A NONATTAINMENT AREA FOR OZONE WITHOUT AN APPROVED PLAN FOR DEMONSTRATING ATTAINMENT. THE SOURCE IS MAKING EFFORTS THROUGH ITS TRADE ASSOCIATION, THE AMERICAN PAPERR INSTITUTE, NATIONAL FOREST PRODUCTS ASSOCIATION, TO ELEVATE THE THRESHOLD ISSUE OVER THE AGENCY'S POLICY WITH RESPECT TO VOC COMPLIANCE SETTLE- MENTS IN THE ABSENCE OF AN APPROVED SIP. THE CASE ALSO RAISES THE ISSUES OF THE LEGALITY OF BUBBLES IN NONATTAIN- MENT AREAS AND THE ENFORCEABILITY OF LONGER AVERAGING TIMES FOR COMPLIANCE DETERMINATIONS.

Defendants (1)

• CHAMPION INTERNAT'L. CORP., DAIRYPAK DIVNamed in complaintNamed in settlement

Facilities (1)

• CHAMPION INTERNATIONAL CORPORATION DAIRY PAK

  7920 MAPLEWAY DRIVE, OLMSTED FALLS, OH, 44138

  Registry ID: 110001620345

Statutes cited

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

Enforcement conclusions (1)

• CHAMPION INTERNATIONAL COentered 1991-08-16

  Primary law: CAA

  Federal penalty: $50,000

Timeline (7 milestones)

• 1984-03-21Referred To Dept Of Justice
• 1984-08-29Referred TO U.S. Attorney
• 1984-08-31Complaint Filed With Court
• 1991-08-16Final Order Lodged
• 1991-08-16Final Order Entered
• 1991-08-16Concluded
• 1994-01-14Enforcement Action Closed