EPA v. B.F. GOODRICH/GEON CO.

Case summary

THE CASE ALLEGES THAT B.F. GOODRICH COMPANY (B.F. GOODRICH) AND THE GEON COMPANY (GEON) ARE LIABLE FOR VIOLATIONS OF THE CLEAN AIR ACT, 42 U>S>C> SS7412 AND 7414, AND THE REGULATIONS OF THE NATIONAL EMISSION STANDARD FOR HAZARDOUS AIR POLLUTANTS FOR VINYL CHLORIDE (VC NESHAP), 40 C.F.R. S61.60-.71. (SUBPART F). THIS REFERRAL INVOLVES FOUR TYPES OF SIGNIFICANT VIOLATIONS OF THE VC NESHAP AT A POLYVINYL CHLORIDE PLANT IN HENRY, ILLINOIS (HENRY FACILITY). B.F. GOODRICH WAS THE SOLE OWNER AND OPERATOR OF THE HENRY FACILITY DURING THE TIME OF THE VIOLATIONS. HOWEVER, B.F. GOODRICH'S FORMER GEON VINYL DIVISION HAS SINCE FORMED INTO A NEW AND SEPARATE COMPANY, GEON, AND ACQUIRED ASSETS AND LIABILITIES RELATING TO THE VIOLATING PROCESSES AT THE HENRY FACILITY. THE FIRST TYPE OF VIOLATIONS ARE PREVENTABLE RELIEF VALVE DISCHARGES (RVD) OF VINYL CHLORIDE ON 5 DATES FROM 1987 TO 1990. THE SECOND TYPE OF VIOLATIONS ARE B.F. GOODRICH'S FAILURES TO ADHERE TO THE REQUIREMENTS OF METHOD 107 OF 40 C.F.R. PART 61, APPENDIX B (METHOD 107) IN DETERMINING THE AMOUNTS OF CERTAIN VINYL CHLORIDE EMISSIONS. THE THIRD TYPE OF VIOLATIONS ARE B.F. GOODRICH'S FAILURES TO REPORT CERTAIN EXCESS EMISSIONS OF VINYL CHLORIDE THAT HAVE BEEN DETERMINED BY METHOD 107. THE FOURTH TYPE OF VIOLATIONS ARE B.F. GOODRICH'S EXCESS EMISSIONS OF VINYL CHLORIDE. FOR THESE VIOLATIONS, THE U.S. EPA REFERRAL SEEKS INJUNCTIVE RELIEF AND A CIVIL PENALTY OF AT LEAST $792,850. ON JULY 23, 1990, REGION 5 ISSUED A FINDING OF VIOLATION (FOV) FOR TWO PREVENTABLE RVD VIOLATIONS. SUBSEQUENT TO A CONFERENCE HELD TO DISCUSS THE FOV, B.F. GOODRICH AGREED TO PAY A PENALTY FOR THOSE VIOLATIONS. THESE TWO PREVENTABLE RVD VIOLATIONS WERE REFERRED ON DECEMBER 26, 1990, BUT WERE SUBSEQUENTLY WITHDRAWN. SINCE THEN, ADDITIONAL VIOLATIONS HAVE OCCURRED, WHICH ARE INCLUDED IN THIS REFERRAL: THREE MORE RVD VIOLATIONS, AND THE TESTING, REPORTING, AND EMISSION VIOLATIONS, DISCOVERED DURING A MAY 1992, INSPECTION OF THE FACILITY. THROUGH REQUESTS FOR INFORMATION UNDER THE CLEAN AIR ACT, REGION 5 HAS DETERMINED THAT THE TESTING, REPORTING, AND EMISSION VIOLATIONS OCCURRED FROM JANUARY 1, 1989, TO AUGUST 20, 1991.

Defendants (2)

• B.F. GOODRICH CO, AKRON, OHNamed in complaintNamed in settlement
• GEON COMPANY, CLEVELAND , OHNamed in complaintNamed in settlement

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• B.F. GOODRICH/GEON CO.entered 1996-07-03

  Primary law: CAA

  Federal penalty: $450,000

Timeline (7 milestones)

• 1987-11-25Enforcement Action Data Entered
• 1993-09-28Referred To Dept Of Justice
• 1996-03-29Complaint Filed With Court
• 1996-07-03Final Order Lodged
• 1996-07-03Final Order Entered
• 1996-07-03Concluded
• 1997-06-30Enforcement Action Closed