EPA v. CONTINENTAL CAN CO., U.S.A. PLANT #77

Case summary

NATURE OF CASE CONTINENTAL CAN COMPANY, USA, PLANT #77 MANUFACTURES AND COATS TWO-PIECE AND THREE-PIECE CANS FOR USE IN THE FOOD AND BEVERAGE INDUSTRIES. PLANT #77 HAS 3 DEPARTMENTS THAT CONTAIN CAN SURFACE COATING PROCESS LINES THAT EMIT VOLATILE ORGANIC COMPOUNDS ( VOC'S ) INTO THE AMBIENT AIR IN VIOLA- TION OF THE APPLICABLE WISCONSIN SIP. ON OCTOBER 28, 1983, REGION V ISSUED A NOTICE OF VIOLATION TO CONTINENTAL FOR GENERATING VOC EMISSIONS IN EXCESS OF THE LIMITS PERMISSIBLE UNDER THE WISCONSIN SIP. ACTUAL UNCONTROLLED VOC EMISSIONS FROM PLANT #77 WERE APPROXIMATELY 1316 TONS IN 1983, IN CONTRAST TO THE 821 TONS OF ALLOWABLE EMISSIONS PERMITTED UNDER THE WISCONSIN SIP. THE MILWAUKEE AREA IS DESIGNATED AS A PRIMARY NON-ATTAINMENT AREA FOR OZONE. CAUSE OF ACTION CONTINENTAL IS EMITTING VOC'S IN VIOLATION OF THE WISCONSIN SIP, AND BECAUSE CONTINENTAL 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 WISCONSIN SIP, CONTINENTAL MUST EITHER INSTALL CONTROL EQUIPMENT SUCH AS AFTERBURNERS OR CARBON ADSORPTION EQUIPMENT, OR REDUCE THE AMOUNT OF VOC EMITTED BY REFORMULATING THE COATINGS USED. REGION V RECOMMENDS A PENALTY FOR SETTLEMENT PURPOSES OF $10,000.00. ISSUES OF NATIONAL AND PRECEDENTIAL SIGNIFICANCE CONTINENTAL HAS PROPOSED A COMPLIANCE STRATEGY TO U.S. EPA AND TO WISCONSIN BASED ON THE USE OF REFORMULATED COATINGS. THE PLAN ENCOMPASSES EXTENDED COMPLIANCE DATES UNTIL 1984 AND 1985, AND ULTIMATE COMPLIANCE WITH A PLANT- WIDE EMISSION LIMITATION AS DETERMINED ON A DAILY WEIGHTED AVERAGE BASIS. THE GENERAL WISCONSIN SIP REQUIRES COMPLIANCE ON A LINE-BY-LINE BASIS FOR INDIVIDUAL VOC SOURCE AND DOES NOT CONTEMPLATE ACHIEVING COMPLIANCE THROUGH A BUBBLE MECHANISM. THE SOURCE CLAIMS THAT U.S. EPA IS NOT REQUIRED TO WAIT FOR THE STATE TO SUBMIT A SITE-SPECIFIC SIP REVISION INCORPORATING THIS BUBBLE, BUT THAT U.S. EPA HAS THE ABILITY TO INCORPORATE A COMPLIANCE BUBBLE DIRECTLY INTO AN ENFORCEMENT SETTLEMENT. CONTINENTAL'S AUTHORITY FOR THIS INTERPRETATION DERIVES FROM 1980 AND 1982 AGENCY POLICY MEMORANDA ON THE CAN MANUFACTURING INDUSTRY PUBLISHED IN THE FEDERAL REGISTER WHICH PURPORT TO PERMIT EPA TO INTERPRET STATE SIP'S AS INCORPORATING PLANT-WIDE EMISSION LIMITS WITH COMPLIANCE TO BE DETERMINED ON A DAILY WEIGHTED AVERAGE BASIS, WITHOUT THE NECESSITY FOR ANY ALTERATIONS TO THE SIP. REGION V HAS SERIOUS RESERVATIONS CONCERNING THE LEGALITY OF THESE POLICIES.}i

Defendants (1)

• CONTINENTAL CAN CONamed in complaintNamed in settlement

Facilities (3)

• GLENDALE TECHNICAL CENTER/E 24AC PARCEL

  4300 N PORT WASHINGTON ROAD, GLENDALE, WI, 53212

  Registry ID: 110009455687

• GLENDALE TECHNICAL CENTER/E 24AC PARCEL

  4300 N PORT WASHINGTON ROAD, GLENDALE, WI, 53212

  Registry ID: 110009455687

• UNITED STATES CAN CO INC

  1901 CHICORY RD, RACINE, WI, 53403

  Registry ID: 110007332564

Statutes cited

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

Enforcement conclusions (1)

• CONTINENTAL GROUP U.S.A., THEentered 1985-11-07

  Primary law: CAA

  Federal penalty: $299,000

Timeline (6 milestones)

• 1984-04-19Referred To Dept Of Justice
• 1984-06-29Complaint Filed With Court
• 1985-11-07Final Order Lodged
• 1985-11-07Final Order Entered
• 1985-11-07Concluded
• 1987-01-01Enforcement Action Closed