EPA v. SMURFIT DIAMOND PACKAGING CORP

Case summary

NATURE OF THE CASE SMURFIT DIAMOND OPERATES A PLANT OUTSIDE OF CINCINNATI, OHIO, FOR THE MANUFACTURE AND DISTRIBUTION OF PRINTED LABELS AND CARDBOARD PACKAGING PRODUCTS, PRIMARILY FOLDING CARTONS. THE MANUFACTURING PROCESS INVOLVES PACKAGING ROTOGRAVURE PRINTING OPERATIONS WHICH ENTAIL THE USE OF SOLVENT BASED INKS AND LACQUERS. THE INK DRYING OPERATION GENERATES HEATED AIR CONTAINING VOLATILE ORGANIC COMPOUNDS (VOC'S) WHICH ARE VENTED INTO THE ATMOSPHERE. OH OCTOBER 3, 1983, REGION V ISSUED A NOTICE OF VIOLATION TO SMURFIT DIAMOND FOR GENERATING VOC'S IN EXCESS OF THE LIMITS PERMISSIBLE IN THE OHIO SIP. SMURFIT DIAMOND ACTUALLY EMITS APPROXIMATELY 657 TONS OF VOC'S PER YEAR, IN CONTRAST TO THE 243.2 TONS PER YEAR PERMITTED UNDER THE APPLICABLE OHIO RULE. THE CINCINNATI AREA IS DESIGNATED AS A PRIMARY NONATTAINMENT AREA FOR OZONE. CAUSE OF ACTION SMURFIT DIAMOND'S EMISSIONS ARE IN VIOLATION OF THE OHIO SIP AND, BECAUSE SMURFIT DIAMOND 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, SMURFIT DIAMOND 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 $27,000. ISSUE OF NATIONAL AND PRECEDENTIAL SIGNIFICANCE SMURFIT DIAMOND IS SEEKING A VARIANCE FROM THE STATE OF OHIO WHICH INCORPORATES A COMPLIANCE PROGRAM BASED ON THE BUBBLE CONCEPT AND THE USE OF 30-DAY AVERAGING, AND HAS PROPOSED THE SAME PROGRAM TO U.S. EPA FOR INCORPORATION INTO A DELAYED COMPLIANCE ORDER. THE FINAL COMPLIANCE DATE IS DECEMBER 31, 1987. THE SOURCE HAS CITED 1) EPA'S PRIOR ENDORSEMENT AND APPROVAL OF ALTERNATE COMPLIANCE SCHEDULES EXTENDING TO THE END OF 1987 AND CONTAINING 30-DAY AVERAG- ING. 2) EPA'S APPROVAL OF THE OHIO GENERIC DCO RULE AUTHORIZING THE STATE TO ESTABLISH ALTERNATE COMPLIANCE SCHEDULES WITH END DATES OF 1987; 3) EPA'S 1983 BUBBLE POLICY ENDORSING BUBBLES IN NONATTAINMENT AREAS. THE CASE WILL FOCUS ON REGION V'S, ABILITY TO OBTAIN A MORE EXPEDI- TIOUS SCHEDULE IN LIGHT OF PAST AGENCY POLICY, THE LEGALITY OF BUBBLES IN NONATTAINMENT AREAS AND THE ENFORCEABILITY OF 30-DAY AVERAGING.

Defendants (1)

• JEFFERSON SMURFIT CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• SMURFIT DIAMOND PKG PROD DIV DMND INTL

  S COOPER AVE, LOCKLAND, OH, 45215

  Registry ID: 110007705910

Statutes cited

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

Enforcement conclusions (1)

• SMURFIT DIAMOND PACKAGING CORPentered 1986-03-24

  Primary law: CAA

  Federal penalty: $120,000

Timeline (7 milestones)

• 1984-04-18Referred To Dept Of Justice
• 1984-09-17Referred TO U.S. Attorney
• 1984-10-30Complaint Filed With Court
• 1986-03-24Final Order Lodged
• 1986-03-24Final Order Entered
• 1986-03-24Concluded
• 1988-03-31Enforcement Action Closed