EPA v. A.O. SMITH CORPORATION

Case summary

I. SYNOPSIS OF THE CASE: A.O. SMITH MANUFACTURES AUTOMOBILE FRAMES, RAILROAD CAR COMPONENTS, AND SMALL AUTOMOTIVE PARTS AT ITS MILWAUKEE, WISCONSIN, FACILITY. THE COMPANY EMPLOYS NEARLY 5000 PEOPLE AT THE 2.5 SQUARE-MILE FACILITY. ATTACHMENT 1 IS A LOCATION MAP OF THE FACILITY. COIL AND SHEET METAL ARE RECEIVED, FROMED, FABRICATED, AND COATED AT THE FACILITY BEFORE THE FINAL PRODUCTS ARE SHIPPED TO SUCH BUYERS AS FORD MOTOR COMP AND NAVISTAR INTERNATIONAL. THERE ARE FOUR (4) COATING LINES AT THE FACILITY: PRO- CESS LINES 34, 35, 37, AND 38. PROCESS LINE 34 IS A FLOW COATING SYSTEM AT WHICH TRUCK FRAMES ARE COATED WITH A SOL- VENT-BASED PAINT. PROCESS LINE 35 IS A FLOW COATING SYSTEM FOR SMALL TRUCKS AND AUTO PARTS. THIS LINE CURRENTLY USES A SOLVENT-BASED ALKYL FOR A PRIMER COAT APPLICATION WHICH IS OVEN-DRIED. PROCESS LINE 37 IS A DIP TANK FOR MISCELLANEOUS AUTOMOTIVE PARTS. PROCESS LINE 38 IS A SPRAY COATING LINE FOR TRUCK SIDE BARS. AS DETAILED IN SECT IV OF THIS REPORT, WITHIN, PROCESS LINES 34, 35, 37, 38 USE VOLATILE ORGANIC COMPOUNDS ( VOCS ) THAT ARE SUBJECT OT THE REQUIREMENTS OF THE WISCONSIN IMPLE- MENTATION PLAN ( SIP ). SPECIFICALLY, NR 154.13(4)(M) REG- ULATES THE MAXIMUM LEVELS OF VOCS PERMITTED TO BE CONTAINED IN THE COATINGS USED AT A.O. SMITH'S MILWAUKEE FACILITY. ATTACHMENT 2 IS A COPY OF THE SIP REGULATIONS. PROCESS LINES 34 AND 35 EMPLOY CURING OVENS AND ARE, THEREFORE, SUB- JECT TO NR 154.13(4)(M)2.B PROCESS LINES 37 AND 38 USE AIR- DIRED COATINGS, AND ARE SUBJECT TO NR 154.(4)(M)3.C ACTUAL EMISSIONS OF VOCS ARE CALCULATED TO BE 1,195 TONS PER YEAR; EMISSIONS ALLOWED BY THE WISCONSIN SIP ARE 312 TONS PER YR. ON JUNE 16, 1986, REGION V ISSUED A NOTICE OF VIOLATION ( NOV ) TO A.O. SMITH, ALLEGING VIOLATIONS OF THE WISCONSIN SIP AT THE COMPANY'S MILWAUKEE FACILITY. ATTACHMENT 3 IS A COPY OF THE NOV. SIMILARLY, ON JUNE 18, 1986, THE STATE ISS UED A NOV TO THE COMPANY. SEE ATTACHMENT 4, A COPY OF THE STATE NOV. ON AUGUST 5, 1986, AN INFORMAL SETTLEMENT CONFERENCE WAS HELD WITH THE CO. AND THE US ENVIRONMENTAL PROTECTION AGENCY (US EPA) ENFORCEMENT PERSONNEL IN CHICAGO, ILLINOIS. THE CONFERENCE WAS HELD PURSUANT TO SECT 113 OF THE CLEAN AIR ACT. PRESENT AT THE CONFERENCE WERE REPRESENTATIVES OF THE WISCONSIN DEPARTMENT OF NATURAL RESOURCES (WDNR). A COPY OF A TRANSCRIPT OF THE CONFERENCE PROCEEDINGS IS APP- ENDED HERETO AS ATTACHMENT 5. THROUGHOUT THE LAST SEVERAL YEARS, AND AT THE RECENT SETTLEMENT CONFERENCE IN CHICAGO, THE COMPANY HAS ARGUED THAT ANOTHER OF ITS PROCESS LINES AT THE FACILITY, PROCESS 73 IS IN OVER-COMPIANCE. THE COMPANY ARGUES FURTHER THAT THIS OVER COMPLIANACE SHOULD SOMEHOW BE TRANSLATED INTO AN.....

Defendants (1)

• A. O. SMITH CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• TOWER AUTOMOTIVE PRODUCTS COMPANY

  3533 N. 27TH ST., MILWAUKEE, WI, 532162663

  Registry ID: 110000418851

Statutes cited

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

Enforcement conclusions (1)

• A.O. SMITH CORPORATIONentered 1988-11-01

  Primary law: CAA

  Federal penalty: $50,000

Timeline (6 milestones)

• 1986-09-30Referred To Dept Of Justice
• 1987-03-29Complaint Filed With Court
• 1988-11-01Final Order Lodged
• 1988-11-01Final Order Entered
• 1988-11-01Concluded
• 1988-11-01Enforcement Action Closed