EPA v. NAVISTAR-2 (N.O.N. - SPRINGFIELD)

Case summary

INTERNATIONAL HARVESTER MANUFACTURES MEDIUM AND HEAVY DUTY TRUCKS AT ITS SPRINGFIELD, OHIO FACILITY. IN ITS UR- BANA ROAD PLANT IT OPERATES COATING LINES FOR APPLYING PAINT TO CHASSIS, TRUCK BODIES, AND OTHER PARTS. PURSUANT TO AP- PLICABLE SECTIONS OF THE FEDERALLY-APPROVED OHIO STATE IM- PLEMENTATION 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 12/31/82. INTERNATIONAL IS A MAJOR SOURCE OF VOC'S, AND ITS EMISSIONS EXCEED THE ALLOWABLE AMOUNT BY APPROXIMATELY 500 TONS/YEAR. U.S. EPA ISSUED A NOTICE OF NONCOMPLIANCE (NON) TO IN- TERNATIONAL ON 9/28/84. NUMEROUS COATINGS CONTAINED VOC'S IN EXCESS OF THE 3.5 POUND LIMITATION. THE COMPANY MAINTAINS 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, UNSUCCESS- FULLY SOUGHT VARIANCES FROM OHIO. THE MOST RECENT APPLICA- TION FOR A VARIANCE WAS MADE IN JANUARY, 1984. THE STATE INFORMED INTERNATIONAL HARVESTER THAT ESSENTIAL DATA WAS LACKING. 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, REQUIREING ON-SITE BLENDING OF UP TO SEVENTY COLORS IN ONE DAY. INTERNATIONAL HARVESTER AC- KNOWLEDGES THAT CONTROLS COULD BE INSTALLED TO BRING ITS FACILITY INTO COMPLIANCE, BUT HAS REFUSED TO MAKE THE RATHER LARGE EXPENDITURE REQUIRED. EPA'S PRELIMINARY SECTION 120 PENALTY CALCULATION IS $1.9 MILLION.

Defendants (1)

• NAVISTAR CORPORATION

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
• CAA 120 — Clean Air Act

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CAA

Timeline (8 milestones)

• 1984-09-28Enforcement Action Data Entered
• 1984-09-28Complaint Filed/Proposed Order
• 1986-03-04Administrative Hearing
• 1986-12-22Admin Law Judge Decision
• 1987-02-17Appeal To Administrator
• 1987-03-24EAB Decision
• 1987-03-24Final Order Issued
• 1987-03-24Enforcement Action Closed