EPA v. EASCO CORPORATION

Case summary

CIVIL REFERRAL AGAINST EASCO CORPORATION, GIRARD, OHIO, FACILITY (AIR) BACKGROUND AND NATURE OF THE CASE EASCO OPERATES A METAL EXTRUSION AND PAINTING FACILITY IN GIRARD, OHIO, WHERE IT MANUFACTURES AND PAINTS METAL PARTS USED IN CONSTRUCTION AND THE MANUFACTURE OF RECREA- TIONAL VEHICLES. THE FACILITY CONTAINS ONE COATING LINE WITH TWO SPRAY STATIONS WHERE SOLVENT-BASED COATINGS ARE APPLIED. AT NORMAL OPERATING LEVELS, THE FACILITY EMITS 286 TONS OF VOC PER YEAR. THE ALLOWABLE EMISSION RATE FOR THIS FACILITY IS 78.8 TONS PER YEAR. THE VOC EMISSIONS CONTRIBUTE TO OZONE FORMATION IN TRUMBULL COUNTY, WHICH HAS BEEN DESIGNATED AS PRIMARY NONATTAINMENT FOR OZONE. CAUSE OF ACTION EMISSIONS FROM THE FACILITY VIOLATE OHIO STATE IMPLE- MENTATION PLAN (SIP) REGULATION, OAC RULE 3745-21-09(U). EASCO IS A MAJOR SOURCE OF VOC EMISSIONS (286 TONS PER YEAR). SECTION 113(B) OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7413(B), AUTHORIZES THE ADMINISTRATOR OF THE U.S. EPA TO COMMENCE A CIVIL ACTION TO ABATE VIOLATIONS AND RE- COVER CIVIL PENALTIES AGAINST VIOLATORS OF APPLICABLE SIP'S. PROPOSED REMEDY IN ORDER TO ACHIEVE COMPLIANCE WITH THE OHIO SIP, EASCO MUST EITHER INSTALL CONTROLS, SUCH AS AN INCINERATOR, OR REFORMULATE ITS COATINGS. REGION V RECOMMENDS A PENALTY FOR SETTLEMENT PURPOSES OF $49,500. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE THIS IS A STRAIGHTFORWARD CASE OF VOC VIOLATION. THERE ARE NO NOVEL ISSUES CONCERNING PROOF OF VIOLATION, OR APPLI- CABILITY, OR INTERPRETATION OF THE REGULATIONS. EASCO HAS REQUESTED A SIP VARIANCE, AND CAN BE EXPECTED TO RAISE THE VARIANCE AND ITS GOOD FAITH EFFORTS AT REFORMULATION AS DEFENSES. DESCRIPTION OF CONSULTATION FOR CASE DEVELOPMENT THE OHIO REGULATION REQUIRES COMPLIANCE WITH THE EMIS- SION LIMITATION ON A DAILY BASIS. BASED UPON A REQUEST FOR INFORMATION, PURSUANT TO SECTION 114 OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7414, U.S. EPA HAS OBTAINED DAILY DATA.

Defendants (1)

• EASCO CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• INDALEX ALUMINUM INCORPORATED (EASCO)

  706 SOUTH STATE STREET, GIRARD, OH, 44420

  Registry ID: 110000389614

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)

• EASCO CORPORATIONentered 1987-09-15

  Primary law: CAA

  Federal penalty: $64,000

Timeline (9 milestones)

• 1984-09-01Enforcement Action Data Entered
• 1985-03-29Referred To Headquarters
• 1985-04-26Referred To Dept Of Justice
• 1985-09-25Referred TO U.S. Attorney
• 1985-09-30Complaint Filed With Court
• 1987-09-15Final Order Lodged
• 1987-09-15Final Order Entered
• 1987-09-15Concluded
• 1988-04-30Enforcement Action Closed