EPA v. CLEVELAND STEEL CONTAINER CORPORATION

Case summary

BACKGROUND AND NATURE OF THE CASE ON SEPTEMBER 29, 1983, REGION V ISSUED A NOTICE OF VIOLATION TO CLEVELAND STEEL CONTAINER CORPORATION FOR VIO- LATION OF OHIO SIP RULE OAC 3745-21-09(U) AT ITS NILES, OHIO, STEEL PAIL FACILITY. OAC 3745-21-09(U) IS PART OF THE FEDERALLY APPROVED OHIO SIP AND LIMITS THE EMISSION OF VOLATILE ORGANIC COMPOUNDS FROM THE COATING OF STEEL PAILS. THE COATINGS PRESENTLY USED BY CLEVELAND STEEL CONTAINER CORPORATION DO NOT COMPLY WITH THE LIMITS IN OAC 3745-21- 09(U) AND THE SOURCE HAS NOT INSTALLED CONTROL EQUIPMENT TO LIMIT EMISSIONS. TRUMBULL COUNTY, IN WHICH THE NILES PLANT IS LOCATED, IS NONATTAINMENT FOR OZONE. CAUSE OF ACTION CLEVELAND STEEL CONTAINER CORPORATION'S EMISSIONS ARE IN VIOLATION OF THE OHIO SIP AND, BECAUSE IT 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, CLEVE LAND STEEL CONTAINER CORPORATION MUST EITHER INSTALL CON- TROLL EQUIPMENT SUCH AS AN INCINERATOR, OR USE ONLY REFOR- MULATED COATINGS. REGION V RECOMMENDS A PENALTY FOR SETTLEMENT PURPOSES OF $15,000. ISSUES OF NATIONAL AND PRECEDENTIAL SIGNIFICANCE THERE ARE NO ISSUES OF NATIONAL OR PRECEDENTIAL SIGNI- FICANCE.

Defendants (1)

• CLEVELAND STEEL CONTAINER CORP.Named in complaintNamed in settlement

Facilities (1)

• CLEVELAND STEEL CONTAINER CORPORATION

  115 ERIE ST., NILES, OH, 44446

  Registry ID: 110000389696

Statutes cited

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

Enforcement conclusions (1)

• CLEVELAND STEEL CONTAINER CORPentered 1986-12-16

  Primary law: CAA

  Federal penalty: $50,000

Timeline (9 milestones)

• 1984-09-26Enforcement Action Data Entered
• 1984-09-26Referred To Headquarters
• 1984-10-24Referred To Dept Of Justice
• 1984-10-24Referred TO U.S. Attorney
• 1985-08-19Complaint Filed With Court
• 1986-12-16Final Order Lodged
• 1986-12-16Final Order Entered
• 1986-12-16Concluded
• 1987-07-30Enforcement Action Closed