EPA v. TEXTRON AUTOMOTIVE COMPANY-RANTOUL PRODUCTS

Case summary

ON DECEMBER 30, 1998, A NOTICE OF VIOLATION WAS ISSUED BY U.S. EPA TO TEXTRON FOR USE OF PAINTS WITH CONCENTRATIONS OF VOLATILE ORGANIC MATERIAL THAT EXCEEDED THE LIMITS SET IN ITS CONSTRUCTION PERMITS. ON MAY 6, 1999, U.S. EPA ISSUED AN AMENDED NOTICE OF VIOLATION THAT INCLUDED ADDIT- IONAL MONTHS OF VIOLATIONS THAT U.S. EPA BECAME AWARE OF AFTER THE ORIGINAL NOV. U.S. EPA ALLEGES THAT FROM AUGUST 1995, UNTIL JANUARY 1999, TEXTRON VIOLATED THE VOM LIMITS IN ITS CONSTRUCTION PERMITS DURING 30 MONTHS. DURING 3 OF THESE 30 MONTHS, TEXTRON VIOLATED THE CONSTRUCTION PERMITS IN BOTH PAINT SPRAY BOOTHS 1 AND 2. ON JUNE 9, 1999, U.S. EPA REQUESTED A WAIVER OF THE 12-MONTH FILING REQUIREMENT IN SECTION 113(D)(1) OF THE CLEAN AIR ACT, WHICH WAS APPROVED BY THE ADMINISTRATOR AND ATTORNEY GENERAL ON JULY 1, 1999. U.S. EPA DETERMINED THAT THE CAA STATIONARY SOURCE CIVIL PENALTY POLICY CALLED FOR A PENALTY AMOUNT OF $187,775. BUT, BASED ON TEXTRON'S GOOD FAITH AND COOPERAT- ION, AND POTENTIAL LITIGATION RISK, U.S. EPA MITIGATED THE PENALTY TO $80,500 FOR SETTLEMENT, PURSUANT TO THE PENALTY POLICY. ON SEPTEMBER 28, 1999, THE REGIONAL ADMINISTRATOR, U.S. EPA REGION 5, SIGNED A CONSENT AGREEMENT AND FINAL ORDER UNDER SECTION 113 OF THE CLEAN AIR ACT, PURSUANT TO WHICH TEXTRON AUTOMOTIVE COMPANY--RANTOUL PRODUCTS, AGREES TO PAY A CIVIL PENALTY OF $80,500. THE COMPLAINT AND CAFO WERE SIMULTANEOUSLY ON SEPTEMBER 29, 1999.

Defendants (1)

• TEXTRON AUTOMOTIVE -RANTOUL PRODUCTSNamed in complaintNamed in settlement

Facilities (2)

• TEXTRON RANTOUL OPERATIONS

  707 VETERANS PARKWAY, RANTOUL, IL, 61866

  Registry ID: 110001355907

• TEXTRON RANTOUL OPERATIONS

  707 VETERANS PARKWAY, RANTOUL, IL, 61866

  Registry ID: 110001355907

Statutes cited

• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• TEXTRON AUTOMOTIVE COMPANY-RANTOULentered 1999-09-29

  Primary law: CAA

  Federal penalty: $80,500

Timeline (4 milestones)

• 1999-09-29Complaint Filed/Proposed Order
• 1999-09-29Final Order Issued
• 1999-10-05Enforcement Action Data Entered
• 1999-10-13Enforcement Action Closed