EPA v. NAVISTAR-1 (INT'L HARVESTER)

Case summary

INTERNATIONAL HARVESTER MANUFACTURES MEDIUM AND HEAVY DUTY TRUCKS AT ITS SPRINGIELD, OHIO FACILITY. IN ITS URBANA ROAD PLANT IT OPERATES COATING LINES FOR APPLYING PAINT TO CHASSIS, TRUCK BODIES, AND OTHER PARTS. PURSUANT TO APPLIC- ABLE SECTIONS OF THE FEDERALLY-APPROVED OHIO STATE IMPLEMEN- TATION PLAN, THE AMOUNT OF VOLATILE ORGANIC COMPOUNDS (VOC'S) IN COATINGS USED IN THE PLANT WERE TO HAVE BEEN RE- DUCED TO 3.5 POUNDS PER GALLON OF COATING BY DECEMBER 31, 1982. INTERNATIONAL IS A MAJOR SOURCE OF VOC'S, AND ITS EMISSIONS EXCEED THE ALLOWABLE AMOUNT BY APPROXIMATELY 500 TONS PER YEAR. U.S. EPA ISSUED A NOTICE OF VIOLATION (NOV) TO INTERNA- TIONAL ON MARCH 27, 1984. NUMEROUS COATINGS CONTAINED VOC'S IN EXCESS OF THE 3.5 POUND LIMITATION. THE COMPANY MAIN- TAINS THAT THAT RESTRICTION IS TECHNICALLY INFEASIBLE, BUT DID NOT SUBMIT COMMENTS OR FILE A SECTION 307 PETITION WHEN U.S. EPA APPROVED THE OHIO SIP. THE COMPANY HAS, HOWEVER, UNSUCCESSFULLY SOUGHT VARIANCES FROM OHIO. THE MOST RECENT APPLICATION FOR A VARIANCE WAS MADE IN JANUARY 1984. THE STATE INFORMED INTERNATIONAL HARVESTER THAT ESSENTIAL DATA WAS LACKING, AND TO DATE THE COMPANY HAD NOT FURNISHED IT. THUS FAR, THE COMPANY'S EFFORTS TO OBTAIN LOW SOLVENT COATINGS HAVE FAILED. INTERNATIONAL HARVESTER HAS TESTED VARIOUS PAINTS, BUT HAS RELIED ENTIRELY ON PAINT SUPPLIERS TO PROVIDE COMPLIANCE COATINGS. THE COMPANY MAINTAINS THAT IT IS IN A UNIQUE POSITION BECAUSE VIRTUALLY ALL OF ITS TRUCKS ARE CUSTOM BUILT, REQUIRING ON-SITE BLENDING OF UP TO SEVENTY COLORS IN ONE DAY. INTERNATIONAL HARVESTER ACKNOW- LEDGES THAT CONTROLS COULD BE INSTALLED TO BRING ITS FACIL- ITY INTO COMPLIANCE, BUT HAS REFUSED TO MAKE THE RATHER LARGE EXPENDITURE REQUIRED. TO REMEDY THE VIOLATIONS, U.S. EPA SEEKS AN INJUNCTION TO FORCE INTERNATIONAL HARVESTER TO COMPLY WITH THE SIP. PEN- ANTIES OF $1 MILLION FOR PAST AND CONTINUING VIOLATIONS OF THE SIP WILL BE SOUGHT. REGION V RECOMMENDS A BOTTOM-LINE SETTLEMENT FIGURE OF APPROXIMATELY $900,000.

Defendants (1)

• NAVISTAR CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• NAVISTAR ASSEMBLY PLANT

  6125 URBANA RD., SPRINGFIELD, OH, 45502

  Registry ID: 110000394957

• NAVISTAR ASSEMBLY PLANT

  6125 URBANA RD., SPRINGFIELD, OH, 45502

  Registry ID: 110000394957

Statutes cited

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

Enforcement conclusions (1)

• NAVISTAR (INT'L HARVESTER)entered 1995-01-26

  Primary law: CAA

  Federal penalty: $2,703,000

Timeline (6 milestones)

• 1984-09-28Referred To Dept Of Justice
• 1985-04-30Complaint Filed With Court
• 1995-01-26Final Order Lodged
• 1995-01-26Final Order Entered
• 1995-01-26Concluded
• 1995-01-26Enforcement Action Closed