EPA v. B.F. GOODRICH COMPANY

Case summary

B.F. GOODRICH COMPANY IS A MAJOR SOURCE OF PARTICULATE MAT- TER, IN VIOLATION OF APPLICABLE OHIO REGULATIONS APPROVED AND ENFORCEABLE UNDER THE CLEAN AIR ACT. BACKGROUND AND NATURE OF THE CASE ON FEBRUARY 17, 1984, REGION V ISSUED A NOTICE OF VIO- LATION TO B.F. GOODRICH COMPANY FOR VIOLATION OF OHIO SIP AP-3-11 AT ITS AVON LAKE CHEMICAL PLANT. AP-3-11 IS PART OF THE FEDERALLY APPROVED OHIO SIP AND LIMITS THE EMISSION OF PARTICULATE MATTER FROM FUEL-BURNING STATIONARY SOURCES. GOODRICH OPERATES TWO COAL-FIRED BOILERS (IN ADDITION TO FOUR GAS-FIRED BOILERS) AT AVON LAKE, BOTH OF WHICH WERE STACK TESTED AND FOUND TO BE EMITTING PARTICULATE MATTER IN EXCESS OF AP-3-11 LIMITATIONS. AVON LAKE IS LOCATED IN A PORTION OF LORAIN COUNTY WHICH IS NON-ATTAINMENT FOR THE SECONDARY PARTICULATE MATTER STANDARD. CAUSE OF ACTION GOODRICH'S EMISSIONS ARE IN VIOLATION OF THE OHIO SIP AND, BECAUSE GOODRICH IS A MAJOR SOURCE, U.S. EPA IS RE- QUIRED 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, GOOD- RICH MUST EITHER INSTALL CONTROL EQUIPMENT SUCH AS A BAG- HOUSE, OR USE ONLY GAS-FIRED BOILERS. REGION V RECOMMENDS A PENALTY FOR SETTLEMENT PURPOSES OF $25,000. ISSUES OF NATIONAL AND PRECEDENTIAL SIGNIFICANCE GOODRICH HAS BEEN GRANTED A VARIANCE FROM AP-3-11 LIMITS BY THE OHIO ENVIRONMENTAL PROTECTION AGENCY AS PART OF AN EMISSION TRADE-OFF BETWEEN THE TWO COAL-FIRED BOILERS AND THREE PVC RESIN STORAGE SITES AT THE AVON LAKE PLANT. THE EMISSION TRADE-OFF HAS BEEN SUBMITTED AS A SIP REVISION TO REGION V AND HAS BEEN PROPOSED FOR DISAPPROVAL. THE SIP REVISION WAS ORIGINALLY PROPOSED FOR APPROVAL BUT PUBLIC COMMENT BROUGHT TO EPA'S ATTENTION AN IMPROPER RACT BASELINE DETERMINATION. THE SIP REVISION HAS BEEN IN THE RULEMAKING PROCESS SINCE ORIGINALLY SUBMITTED TO EPA BY OHIO ON SEPTEM- BER 2, 1982.

Defendants (1)

• B.F. GOODRICH COMPANYNamed in complaintNamed in settlement

Facilities (1)

• NOVEON INCORPORATED

  550 MOORE ROAD, AVON LAKE, OH, 44012

  Registry ID: 110000385155

Statutes cited

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

Enforcement conclusions (1)

• B.F. GOODRICH COMPANYentered 1986-03-17

  Primary law: CAA

  Federal penalty: $40,000

Timeline (7 milestones)

• 1984-06-29Referred To Dept Of Justice
• 1984-09-17Referred TO U.S. Attorney
• 1984-09-28Complaint Filed With Court
• 1986-03-17Final Order Lodged
• 1986-03-17Final Order Entered
• 1986-03-17Concluded
• 1988-03-14Enforcement Action Closed