EPA v. AAR BROOKS & PERKINS CORP.

Case summary

THE COMPANY EMITTED VOC'S IN EXCESS OF PERMIT LIMITS FROM OCTOBER 1990 THROUGH MAY 1992. A MARCH 1993 STOCK TEST ALSO SHOWED VIOLATIONS OF THE VOC PERMIT LIMITS. THE COMPANY MANUFACTURE CONTAINERS FOR THE MILITARY, AND CLAIMS THAT THE VIOLATIONS AT ISSUE WERE DUE TO ITS PRODUCTION DEMANDS ASSOCIATED WITH OPERATION DESERT STORM. THE AAR CADILLAC FACILITY PRODUCES PRODUCTS USED FOR AIRBORNE CARGO TRANSPORT, INCLUDING PALLETS AND CONTAINERS. THESE PRODUCTS ARE PRIMARILY USED BY THE UNITED STATES ARMED SERVICES. THE COMPANY IS THE SOLE SUPPLIER OF CERTAIN TYPES OF PALLETS TO THE AIR FORCE. AAR'S FACILITY CONTAINS AN ADHESIVE SPRAY BOOTH WHERE ADHESIVE IS APPLIED TO ONE SIDE OF THE TWO ALUMINUM SHEETS THAT MAKE-UP A PALLET. ON DECEMBER 9, 1993, U.S. EPA REGION 5 ISSUED A NOTICE OF VIOLATION TO AAR FOR EMITTING VOC'S INTO THE AMBIENT AIR, IN EXCESS OF THE LIMITATION SE FORTH THE COMPANY'S STATE ISSUED PERMIT TO INSTALL FOR ITS ADHESIVE SPRAY LINE, AND IN VIOLATION OF THE MICHIGAN SIP UNDER THE CAA. VIOLATIONS OCCURRED WHEN THE COMPANY EXCEEDED PRODUCTION LIMITATIONS ASSOCIATED WITH ITS VOC'S LIMITS AT VARIOUS TIMES FROM OCTOBER 1990 THROUGH MAY 1992. RESULTS OF STACK TESTS PERFORMED IN MARCH 1993 ALSO SHOWED VIOLATION OF THE VOC LIMITS. THE COMPLAINT IN THIS MATTER WAS FILED ON JANUARY 26, 1996. AAR HAD ATTEMPTED TO ATTRIBUTE THE VIOLATIONS TO EMERGENCY CIRCUMSTANCES RELATING TO OPERATION DESERT STORM. HOWEVER, REGION 5 ESTABLISHED THAT THE COMPANY COULD HAVE READILY TAKEN STEPS TO CONTROL ITS EXCESS EMISSIONS WITHOUT COMPRISING ITS PRODUCTION EFFORTS. IN ORDER TO ACHIEVE COMPLIANCE, AAR PURCHASED AND INSTALLED THE RTO SYSTEM. IN ADDITION TO BRINGING TH VIOLATING PROCESS INTO COMPLIANCE, FOR THE SEP PORTION OF THE PROJECT, THE RTO WAS DESIGNED AND SUPER-SIZED TO CONTROL THE VOC EMISSIONS FROM SEVERAL OTHER EXISTING SOURCES AT THE FACILITY WHICH WERE NOT REQUIRED TO BE CONTROLLED. THERMAL OXIDIZERS ARE DEVICES THAT USE A FLAME (TEMPERATURE) COMBINED WITH A CHAMBER (TIME AND TURBULENCE) TO CONVERT COMBUSTIBLE MATERIAL TO CARBON DIOXIDE AND WATER. THE CONSENT DECREE PROVIDES FOR A PORTION OF THE AAR RTO SYSTEM TO BE OPERATED AND MAINTAINED AS A SEP. THE SEP PORTION OF THE RTO COST $1,400,000, AND IS EXPECTED TO RESULT IN THE DESTRUCTION OF AN ADDITIONAL 211 TONS OF VOC'S

Defendants (1)

• AAR BROCKS & PERKINS CORP.Named in complaint

Facilities (1)

• AAR CADILLAC MANUFACTURING

  201 HAYNES ST., CADILLAC, MI, 49601

  Registry ID: 110000412009

Statutes cited

• CAA 113 — Clean Air Act

Timeline (5 milestones)

• 1993-03-17Enforcement Action Data Entered
• 1994-07-11Referred To Dept Of Justice
• 1996-01-26Complaint Filed With Court
• 1996-01-26Concluded
• 1996-01-26Enforcement Action Closed