EPA v. VYGEN CORPORATION

Case summary

VYGEN CORP. OWNS AND OPERATES A SUSPENSION RESIN POLYVINYL PLANT IN ASHTABULA, OH. ON MARCH 8, 1989, THE USEPA, REGION V PERSONNEL INSPECTED THE ASHTABULA PLANT TO DETERMINE IF THE FACILITY WAS COMPLYING WITH THE VINYL CHLORIDE (VC) STAN DARDS SPECIFIED UNDER 40 CFR S61.60 ET. SEQ. DURING THIS INSPECTION, IT WAS DETERMINED THAT: 1. AS DOCUMENTED IN VYGEN'S LEAK REPAIR REPORTS, VYGEN FAILED TO REPAIR IN A TIMELY FASHION 11 LEAKS OUT OF 62 LEAKS DETECTED (17.7%) IN 1987 AND 8 LEAKS OUT OF 61 LEAKS DETECTED (13.1%) IN 1988. 2. DUE TO THE ABSENCE OF GAS CHROMATOGRAPH PRINTOUTS, VY- GEN FAILED TO RECORD THE LEAKS DETECTED BY ONE OF ITS TWO FIXED MONITORING SYSTEMS FOR A PERIOD OF 237 HRS, OR 1% OF THE TIME IN WHICH THE PLANT OPERATED IN 1986, 1987 AND 1988. 3. VYGEN CORP. FAILED TO RECORD THE EXHAUST GAS VC CONCEN TRATIONS FOR 3,553 HRS, OR 15% OF THE TIME IN WHICH THE P PLANT OPERATED DURING PORTIONS OF 1986, 1987 AND 1988. AS A RESULT OF THE ABOVE VIOLATIONS , U.S. EPA SEEKS A BOTTOM LINE PENALTY OF $100,000.

Defendants (1)

• VYGEN CORPORATONNamed in complaintNamed in settlement

Facilities (1)

• VYGEN CORPORATION

  2425 MIDDLE ROAD, ASHTABULA, OH, 44004

  Registry ID: 110006351937

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• VYGEN CORPentered 1992-06-19

  Primary law: CAA

  Federal penalty: $100,000 · State/local: $40,000

Timeline (7 milestones)

• 1990-07-02Enforcement Action Data Entered
• 1990-09-21Referred To Dept Of Justice
• 1991-03-13Complaint Filed With Court
• 1992-06-19Final Order Lodged
• 1992-06-19Final Order Entered
• 1992-06-19Concluded
• 1992-06-19Enforcement Action Closed