EPA v. DINAGRAPHICS INC.

Case summary

CIVIL REFERRAL AGAINST DINAGRAPHICS, INC., NORWOOD, OHIO DINAGRAPHICS IS A MAJOR SOURCE OF VOLATILE ORGANIC COM- POUNDS, IN VIOLATION OF APPLICABLE OHIO REGULATIONS AP- PROVED AND ENFORCEABLE UNDER THE CLAIN AIR ACT. NATURE OF THE CASE DINAGRAPHICS, A DELAWARE CORPORATION, OWNS AND OPER- ATES A PLANT IN NORWOOD, OHIO, WHICH MANUFACTURES ROTO- GRAVURE-PRINTED PAPER AND FOIL LABELS FOR THE PACKAGING INDUSTRY. THE ROTOGRAVURE PRINTING OPERATIONS ENTAIL THE USE OF SOLVENT-BASED INKS AND LACQUERS. AFTER THE INKS AND LACQUERS ARE APPLIED TO THE PAPER OR FOIL SUBSTRATE, HEATED AIR IS USED TO DRY THE SUBSTRATE AND EVAPORATE THE SOLVENTS. THE HEATED AIR, CONTAINING VOLATILE ORGANIC COMPOUNDS (VOC'S) IS VENTED, UNCONTROLLED, TO THE ATMOS- PHERE. ON SEPTEMBER 5, 1984, REGION V ISSUED A NOTICE OF VIOLATION TO DINAGRAPHICS FOR GENERATING VOC'S IN EXCESS OF THE LIMITS PERMISSIBLE IN THE FEDERALLY-APPROVED OHIO SIP REGULATION OAC 3745-21-09(Y), COVERING PACKAGING ROTO- GRAVURE PRINTING LINES. DINAGRAPHICS ACTUALLY EMITTED IN 1983, 555 TONS ON VOC'S. UNDER THE OHIO RULW, DEPENDING ON THE CONTROL METHOD USED, ALLOWABLE VOC EMISSIONS WOULD RANGE FROM 57.5 TONS TO 205 TONS PER YEAR. THE GREATER CINCINNATI AREA, INCLUDING NORWOOD, IS A PRIMARY NONATTAIN- MENT AREA FOR OZONE. CAUSE OF ACTION DINAGRAPHIC'S VOC EMISSIONS EXCEED THE LIMITS IN THE OHIO SIP AND, BECAUSE DINAGRAPHICS 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. JURISDICTION AND VENUE LIE IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO, WHERE THE VIOLATIONS OCCURRED. EVIDENCE OF VIOLATION U.S. EPA HAS OBTAINED INK, LACQUER AND SOLVENT USAGE DATA FROM DINAGRAPHICS THAT IDENTIFIES THE VOC CONTENT OF THE INKS, LACQUERS AND SOLVENT DILUENTS APPLIED AT EACH OF THE COMPANY'S FOUR PRINTING LINES. FROM THIS DATA, U.S. EPA CALCULATED THE ACTUAL VOC EMISSIONS IN TONS PER YEAR FROM EACH LINE AND THE EXTENT TO WHICH SUCH EMISSIONS EXCEED THE LIMITS IN OHIO SIP REGULATION 3745-21-09(Y). PROPOSED REMEDY IN ORDER TO ACHIEVE COMPLIANCE WITH THE OHIO SIP, DINAGRAPHICS MUST EITHER INSTALL CONTROL TECHNOLOGY, SUCH AS INCINERATION OR CARBON ADSORPTION EQUIPMENT, OR REDUCE THE AMOUNT OF VOC EMITTED BY REFORMULATING THE INKS, AND LACQUERS USED. REGION V RECOMMENDS A PENALTY FOR SETTLE- MENT PURPOSES OF $75,000.

Defendants (1)

• DINAGRAPHICS, INC.Named in complaintNamed in settlement

Facilities (1)

• JEFFERSON SMURFIT CORPORATION DINAGRAPHICS DIVISION

  4500 BEECH ST., NORWOOD, OH, 45212

  Registry ID: 110000393057

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 113A — Violation of Existing Administrative Order

Enforcement conclusions (1)

• DINAGRAPHICS, INC.entered 1986-08-18

  Primary law: CAA

  Federal penalty: $50,000

Timeline (7 milestones)

• 1984-12-26Referred To Dept Of Justice
• 1985-08-02Referred TO U.S. Attorney
• 1985-08-06Complaint Filed With Court
• 1986-08-18Concluded
• 1986-08-18Final Order Entered
• 1986-08-18Final Order Lodged
• 1987-10-15Enforcement Action Closed