EPA v. INTERIOR STEEL EQUIPMENT

Case summary

EMISSION OF VOLATILE ORGANIC COMPOUNDS IN EXCESS OF OHIO SIP RULES 3745-21-04(C)(28) AND 3745-21-09(U). I. SYNOPSOIS OF THE CASE INTERIOR STEEL EQUIPMENT COMPANY, INC. ( INTERIOR STEEL OR THE COMPANY ) MANUFACTURES CUSTOM AND GENERAL SIZE STEEL LOCKERS, CABINETS AND MUSEUM CASES FOR SALE TO INDUSTRY, GO- VERNMENT, COMMERCIAL AND INSTITUTIONAL CUSTOMERS. (ATTACH- MENT 15.) INTERIOR STEEL IS A POTENTIAL MAJOR SOURCE OF VO- LATILE ORGANIC COMPOUNDS (VOCS). THE COMPANY'S MANUFACTURING PLANT IS LOCATED IN CUYHOGA COUNTY, OHIO, A DESIGNATED PRIMARY NONATTAINMENT AREA FOR OZ ONE. THE CLEVELAND AREA IS AN OZONE EXTENSION AREA UNDER SECTION 172(A2) OF THE CLEAN AIR ACT ( THE ACT ), 42 USC S75 02(A2), WITH A FINAL ATTAINMENT DATE OF DECEMBER 31, 1987. INTERIOR STEEL'S MANUFACTURING PROCESS INCLUDES ELECTROSTA TIC SPRAYING AND DIP COATING OPERATIONS THAT ENTAIL THE USE OF SOLVENT-BASED COATINGS AND ORGANIC DILUENTS ADDED AT THE POINT OF APPLICATION. VOCS ARE DISCHARGED TO THE ATMOSPHERE AS A RESULT OF EVAPORATIVE LOSSES FROM THE PAINTING BOOTHS AND THE DIP TANK, AS WELL AS THE DRYING OVENS. ON JULY 3, 1986, THE USEPA ISSUED A NOTICE OF VIOLATION (NOV) TO INTERIOR STEEL EQUIPMENT COMPANY. (ATTACHMENT 1.) THE NOV INFORMED THE COMPANY THAT THE COATINGS IT WAS USING AT ITS CLEVELAND FACILITY CONTAINED VOC CONCENTRATIONS IN EX CESS OF THE THREE POUNDS PER GALLON (3.0 LB/G) OF COATING, EXCLUDING WATER, ALLOWED UNDER OHIO RULE OAC 3745-21-09(U1A) (VII) FOR MISCELLANEOUS METAL PRODUCTS COATING OPERATIONS. THE COMPANY USES A TOTAL OF TWENTY (20) DIFFERENT SHADES AND COLORS OF PAINTS AT ITS COATING OPERATIONS, ALL OF WHICH CON TAINED VOCS IN GREATER CONCENTRATION THAN THE RULE PERMITS. CURRENTLY, THE PLANT OPERATES 11 HOURS PER DAY, 5 DAYS PER WEEK, 50 WEEKS PER YEAR. IF OPERATIONS WERE INCREASED TO 24 HOURS PER DAY, 7 DAY PER WEEK, THE PLANT WOULD EMIT 299 TONS OF VOCS OVER THE COURSE OF THE YEAR, AND THEORETICALLY, 176 OF THE 299 TONS WOULD BE FROM NONCOMPLYING COATINGS. EVEN ON THE PRESENT SCHEDULE, HOWEVER, THE NONCOMPLYING COATINGS ACCOUNT FOR EMISSIONS OF 93.94 TONS PER YEAR, COMPARED TO AN ALLOWABLE EMISSION RATE OF 38.51 TONS PER YEAR. THUS, INTE- RIOR STEEL IN EMITTING APPROXIMATELY 55.43 TONS OF VOCS PER YEAR IN EXCESS OF THE ALLOWABLE AMOUNT. PURSUANT TO OAC RUL E 3745-21-04(C28), THESE EXCESS EMISSIONS WERE TO BE ELIMINA TED, AND COMPLIANCE WAS TO HAVE BEEN ACHIEVED, BY DECEMBER 31, 1982. SECTION 113B OF THE CAA, 42 USC S7413B, AUTHORIZES USEPA TO INITIATE A CIVIL ACTION TO ABATE THE VIOLATING EMISSIONS AND TO SEEK CIVIL PENALTIES AGAINST MAJOR VOC COURCES SUCH AS INTERIOR STEEL. REGION V RECOMMENDS COMMENCEMENT OF A CI VIL ACTION AGAINST INTERIOR STEEL EQUIPMENT COMPANY FOR VIO- LATIONS OF THE APPLICABLE OHIO STATE IMPLEMENTATION PLAN (SI P) WHEREIN THE U.S. WOULD SEEK 25,000 A DAY IN PENALTIES FROM THIS SOURCE.

Defendants (1)

• INTERIOR STEEL EQUIPMENT CO., INC.Named in complaintNamed in settlement

Facilities (1)

• INTERIOR STEEL EQPT

  2352 E 69TH ST, CLEVELAND, OH, 44104

  Registry ID: 110001621273

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 113B — Clean Air Act

Enforcement conclusions (1)

• INTERIOR STEEL EQUIPMENTentered 1987-10-15

  Primary law: CAA

  Federal penalty: $15,000

Timeline (8 milestones)

• 1986-06-06Enforcement Action Data Entered
• 1986-09-30Referred To Dept Of Justice
• 1987-02-06Referred TO U.S. Attorney
• 1987-02-27Complaint Filed With Court
• 1987-10-15Final Order Lodged
• 1987-10-15Final Order Entered
• 1987-10-15Concluded
• 1988-06-30Enforcement Action Closed