EPA v. DIVERSITECH GENERAL CORPORATION, TOLEDO, OH

Case summary

DIVERSITECH GENERAL COMPANY IS A MAJOR SOURCE OF VOLATILE ORGANIC COMPOUNDS (VOC), IN VIOLATION OF APPLICABLE OHIO REGULATIONS APPROVED AND ENFORCEABLE BY U.S. EPA UNDER THE CLEAN AIR ACT. NATURE OF THE CASE DIVERSITECH OPERATES A FACILITY IN TOLEDO, OHIO WHERE IT MANUFACTURES VINYL COATED FABRIC AND FILMS. THE MANU- FACTURING PROCESS, USED TO PRODUCE FLEXIBLE VINYL COATED AND PRINTED PRODUCTS, UTILIZES ORGANIC BASED SOLVENTS WHICH GENERATE VOC. ON MARCH 22, 1985, REGION V ISSUED A NOTICE OF VIOLATION TO DIVERSITECH FOR GENERATING VOC'S IN EXCESS OF THE ALLOWED LIMIT IN THE OHIO STATE IMPLEMENTATION PLAN (SIP). DIVERSITECH EMITS APPROXIMATELY 805 TONS OF VOC'S PER YEAR, IN CONTRAST TO 537 TONS PER YEAR PERMITTED UNDER THE OHIO RULE. LUCAS COUNTY, IN WHICH DIVERSITECH IS LOCATED, IS DESIGNATED AS A PRIMARY NONATTAINMENT AREA FOR OZONE. CAUSE OF ACTION U.S. EPA IS AUTHORIZED TO BRING A CIVIL ACTION 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, DIVERSITECH WOULD MOST LIKELY ELECT TO INCREASE ITS POLLU- TION CONTROL CAPTURE EFFICIENCY TO THE 75% REQUIRED BY THE ALTERNATIVE STANDARD AND INSTALL ADDITIONAL VOC CONTROL (CARBON ADSORPTION) CAPACITY. REGION V RECOMMENDS A PENALTY FOR SETTLEMENT PURPOSES OF $50,000. ISSUES OF NATIONAL AND PRECEDENTIAL SIGNIFICANCE OHIO ISSUED A VARIANCE TO DIVERSITECH. THIS VARIANCE CONTAINED A COMPLIANCE PROGRAM UNDER WHICH DIVERSITECH INSTALLED CARBON ADSORPTION UNITS TO CONTROL VOC EMISSIONS. RECENT 1985 TESTING DEMONSTRATES THAT 7 OUT OF THE 9 LINES FAILED TO ACHIEVE A 75% CAPTURE EFFICIENCY OF THE VOC EMIS- SIONS THAT EMANATED FROM THE COATING LINES. NONETHELESS, THERE WILL BE AN ISSUE AS TO WHETHER THE VOC RESIDUAL NOT DRIVEN OFF IN THE DRYING OVENS SHOULD BE INCLUDED IN THE CAPTURE EFFICIENCY PERCENTAGE. CONTACTS WITH THE DEFENDANT DIVERSITECH SUBMITTED A COMPLIANCE PLAN TO THE LOCAL OHIO AGENCY IN APRIL 1982. A COMPLIANCE SCHEDULE REQUIRING COMPLIANCE BY JUNE OF 1984, WAS APPROVED AND INCORPORATED IN A MARCH 16, 1984 DIRECTOR'S LETTER ISSUED BY THE OHIO EPA. U.S. EPA CONDUCTED A PLANT INSPECTION ON FEBRUARY 5, 1985. FOLLOWING U.S. EPA'S MARCH 22, 1985 NOTICE OF VIOLATION, U.S. EPA MEET WITH DIVERSITECH ON MAY 1, 1985. TECHNICAL DATA RECEIPT U.S. EPA HAS 1983 AND 1984 COATING FORMULATION AND USAGE DATA THAT DIVERSITECH SUPPLIED THE STATE IN CONNECTION WITH ITS VARIANCE APPLICATION. DIVERSITECH RECENTLY SUB- MITTED VOC TESTING DATA FROM ITS SUMMER 1985 TESTS WHICH IT CONDUCTED TO DETERMINE THE AMOUNT OF VOC RESIDUE IN THE PRODUCT LEAVING THE LINE AND CAPTURE EFFICIENCY OF THE VOC VENTILATION SYSTEM.

Defendants (1)

• DIVERSITECH GENERAL CO.Named in complaintNamed in settlement

Facilities (1)

• TEXTILEATHER CORPORATION

  3729 TWINING ST., TOLEDO, OH, 436081315

  Registry ID: 110000384094

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 120 — Clean Air Act

Enforcement conclusions (1)

• DIVERSITECH GENERAL CORP.entered 1989-02-16

  Primary law: CAA

  Federal penalty: $95,000

Timeline (9 milestones)

• 1985-03-22Enforcement Action Data Entered
• 1985-09-30Referred To Headquarters
• 1985-10-25Referred To Dept Of Justice
• 1986-02-06Referred TO U.S. Attorney
• 1986-02-14Complaint Filed With Court
• 1989-02-16Final Order Lodged
• 1989-02-16Final Order Entered
• 1989-02-16Concluded
• 1989-02-16Enforcement Action Closed