EPA v. LITHOGRAPHIC IND., INC.

Case summary

LITHOGRAPHIC INDUSTRIES INC. ( LITHOGRAPHIC ), IS A NEVADA CORPORATION SOING BUSINESS IN BROADVIEW, ILLINOIS. LITHO- GRAPHIC'S FACILITY IS LOCATED IN COOK COUNTY, WHICH HAS BEEN DESIGNATED A PRIMARY NONATTAINMENT AREA FOR OZONE BY THE U.S. EPA. LITHOGRAPHIC ENGAGES IN PAPER COATING OPERATIONS WHICH UTILIZE COATINGS WITH VOLATILE ORGANIC COMPOUND ( VOC ) CONTENTS EXCEEDING 2.9 POUNDS PER GALLON. IN ORDER TO DETERMINE WHETHER LITHOGRAPHIC WAS IN COMPLI- ANCE WITH THE CLEAN AIR ACT (THE ACT ) THE U.S. EPA ISSUED A SECTION 114 REQUEST FOR DATA TO LITHOGRAPHIC. ON SEPTEM- BER 7, 1984, LITHOGRAPHIC SUBMITTED THE REQUESTED DATA WHICH INDICATED THAT LITHOGRAPHIC WAS USING COATINGS WITH VOC CONTENTS OVER 2.9 POUNDS PER GALLON. SEE ATTACHMENT A. LITHOGRAPHIC'S PAPER COATING OPERATIONS ARE, THEREFORE SUBJECT TO ILLINOIS POLLUTION CONTROL BOARD RULES ('ILLINOIS RULE ) 205(N)(1)(C) AND 205(J) WHICH ARE PART OF THE FED- ERALLY ENFORCEABLE STATE IMPLEMENTATION PLAN ( SIP ). SEE ATTACHMENT B. THE ABOVE RULES LIMIT EMISSIONS OF VOC MATERIALS FROM PAPER COATING LINES TO 2.9 POUNDS PER GALLON AND REQUIRED COMPLIANCE BY DECEMBER 31, 1982. ON MAY 15, 1985, U.S. EPA ISSUED A NOTICE OF VIOLATION ( NOV ) TO LITHOGRAPHIC. SEE ATTACHMENT C. AT THE TIME, CIRCULATED ALLOWABLE EMISSIONS WERE 30.5 TONS PER YEAR ( TYP ) AND ACTUAL EMISSIONS WERE 56.6 TPY. THE CALCULA- TIONS WERE BASED UPON 1983 USAGE DATA SUBMITTED BY LITHO- GRAPHIC ON SEPTEMBER 7, 1984. SEE ATTACHMENT A. ON JUNE 5, 1985, THE U.S. EPA, REGION V PERSONNEL, AND LITHOGRAPHIC REPRESENTATIVES HELD A SECTION 113 CONFERENCE TO DISCUSS THE RAMIFICATIONS OF THE NOV. AT THE CONFERENCE, LITHO- GRAPHIC REPRESENTED THAT IT INTENDED TO SHUT DOWN SEVERAL OF ITS COATING LINES AND TO INVESTIGATE ALTERNATIVE COMPLI- ANCE MEASURES. ON OCTOBER 17, 1985, THE U.S. EPA CONDUCTED A PLANT INSPECTION WHICH REVEALED THAT LITHOGRAPHIC HAD SHUT DOWN FOUR OF ITS COATING LINES, WAS PLANNING ON REMOVING A FIFTH LINE AND INTENDED ON INSTALLING A NEW LINE WITH AN INCINERATOR. SEE ATTACHMENT D. THE U.S. EPA AND LITHO- GRAPHIC HAVE BEEN NEGOTIATING A COMPLIANCE PLAN WHICH FOR ALL INTENTS AND PURPOSES IS EMBODIED IN THE ATTACHED CONSENT DECREE. SEE ATTACHMENT E. THE DECREE HAS BEEN REVIEWED BY THE OFFICE OF ENFORCEMENT AND COMPLIANCE MONITORING ( OECM ) AND THE DECREE REFLECTS THE AGENCY'S POSITION. THIS IS A CIVIL ENFORCEMENT ACTION REQUESTING INJUNCTIVE RELIEF AND PENALTIES.

Defendants (1)

• LITHOGRAPHIC INDUSTRIAL, INC.Named in complaintNamed in settlement

Facilities (2)

• LITHOGRAPHIC INDUSTRIES INCORPORATED

  2445 GARDNER RD., BROADVIEW, IL, 601533717

  Registry ID: 110000431435

• LITHOGRAPHIC INDUSTRIES INCORPORATED

  2445 GARDNER RD., BROADVIEW, IL, 601533717

  Registry ID: 110000431435

Statutes cited

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

Enforcement conclusions (1)

• LITHOGRAPHIC IND., INC.entered 1987-12-24

  Primary law: CAA

  Federal penalty: $20,000

Timeline (9 milestones)

• 1984-12-19Enforcement Action Data Entered
• 1985-05-15Referred To Headquarters
• 1986-09-30Referred To Dept Of Justice
• 1986-09-30Referred TO U.S. Attorney
• 1986-10-28Complaint Filed With Court
• 1987-12-24Final Order Lodged
• 1987-12-24Final Order Entered
• 1987-12-24Concluded
• 1988-01-12Enforcement Action Closed