EPA v. VAN LEER CONTAINERS, INC.

Case summary

VAN LEER CONTAINERS, INC. IS A MANUFACTURER OF STEEL DRUMS . IN ITS CLEVELAND FACILITY, IT OPERATES TWO COATING LINES, FOR APPLYING PAINTS AND OTHER COATINGS TO THE DRUM SHELLS AND OTHER PARTS. BOTH LINES APPLY INTERIOR AND EXTERIOR COATINGS, WHICH ARE SUBJECT TO DIFFERENT EMISSION LIMITATION S. PURSUANT TO APPLICABLE SECTIONS OF THE FEDERALLY-APPROVE D OHIO STATE IMPLEMENTATION PLAN, INTERIOR COATINGS MUST NOT CONTAIN MORE THAN 5.0 LBS./GALLON OF VOLATILE ORGANIC COM- POUNDS (VOC'S), AND EXTERIOR COATINGS MUST NOT CONTAIN MORE THAN 3.5 LBS./GALLON OF VOC'S. VAN LEER IS A POTENTIAL MAJOR SOURCE OF VOC'S. U.S. EPA ISSUED A NOTICE OF VIOLATION (NOV) TO INLAND STEEL CONTAINERS, INC., THE PREVIOUS OWNER OF THE FACILITY, ON JULY 29, 1983. NINE INTERIOR COATINGS, AND ONE EXTERIOR COATING, EXCEEDED THE ABOVE-STATED LIMITATIONS. PRIOR TO THAT TIME, THE COMPANY OBJECTED TO THE LIMITS PROPOSED BY THE STATE TO BE INCLUDED IN THE REGULATION (THOUGH NOT AT TH E FEDERAL LEVEL). FAILING THAT, THE COMPANY SOUGHT A VARIANCE FROM THE STATE. THAT VARIANCE WAS RECENTLY GRANTED , BUT HAS NOT BEEN SUBMITTED AS A PROPOSED SIP REVISION. U.S. EPA DEFERRED TO THE STATE FOLLOWING ISSUANCE OF THE NOV. SINCE SATISFACTORY PROGRESS WAS NOT BEING MADE, U.S. EPA RESUMED ITS ENFORCEMENT ACTIVITY. THUS FAR, THE COMPANY'S EFFORTS TO OBTAIN LOW SOLVENT COATINGS HAVE ONLY BEEN SUCCESSFUL WITH RESPECT TO EXTERIOR COATINGS. THE INTERIOR COATINGS, WHICH MUST SERVE AS A CHEM ICAL BARRIER BETWEEN THE CONTENTS OF THE DRUM AND THE DRUM ITSELF HAVE PRESENTED MUCH GREATER PROBLEMS. THEREFORE, VAN LEER CAN ONLY COME INTO COMPLIANCE IN THE NEAR TERM BY THE INSTALLATION OF POLLUTION CONTROL EQUIPMENT. THE COMPANY HAS THUS FAR REFUSED TO MAKE THIS EXPENDITURE. TO REMEDY THE VIOLATIONS, U.S. EPA SEEKS AN INJUNCTION TO FORCE VAN LEER TO COMPLY WITH THE SIP. PENALTIES FOR PAST AND CONTINUING VIOLATIONS OF THE SIP WILL BE SOUGHT. BEC- CAUSE OF THE CIRCUMSTANCES EXPLAINED IN THE LITIGATION REPOR T, REGION V RECOMMENTDS A BOTTOM-LINE SETTLEMENT FIGURE OF $35,000.

Defendants (2)

• INLAND STEEL CORPORATIONNamed in complaintNamed in settlement
• VAN LEER CONTAINERS, INC.Named in complaintNamed in settlement

Facilities (1)

• VAN LEER CONTAINERS INCORPORATED

  9612 MEECH AVE, CLEVELAND, OH, 441050000

  Registry ID: 110000814548

Statutes cited

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

Enforcement conclusions (1)

• VAN LEER CONTAINER, INC.entered 1988-03-18

  Primary law: CAA

  Federal penalty: $12,000

Timeline (7 milestones)

• 1984-06-28Referred To Dept Of Justice
• 1984-09-27Referred TO U.S. Attorney
• 1984-09-28Complaint Filed With Court
• 1988-03-18Final Order Lodged
• 1988-03-18Final Order Entered
• 1988-03-18Concluded
• 1988-12-29Enforcement Action Closed