EPA v. TOWER INDUSTRIES

Case summary

Tower Industries, LLC manufactures solid surface kitchen and bathroom fixtures using surface gel coat spraying and casting processes. Tower conducted manufacturing operations at 655 Third Street NW, Massillon, Ohio (the ���Third Street facility���) beginning approximately in the fall of 1995 after it received a Permit to Install (PTI) from the Ohio EPA, and ceased operations at the Third Street facility, prior to December 2003, after it reportedly lost its lease on the building. Tower subsequently bought a building for its business and relocated its manufacturing operations to this building, located at 2101 S. Ninth Street SW, Massillon, Ohio (the Ninth Street facility ) and began operation on December 8, 2003. On May 27, 2004, U.S. EPA, Region 5 issued a Finding of Violation (FOV) and Notice of Violation (NOV) to Tower for alleged violations at its Ninth Street facility. Specifically, U.S. EPA determined that Tower had violated had violated Sections 112 and 113 of the Act, 42 U.S.C. ���� 7412 and 7413, and the Ohio SIP, OAC 3745-31-02, with regard to its Ninth Street facility when it failed to submit a PTI application, failed to obtain a PTI prior to commencing construction of an air pollution emission source, failed to obtain a MACT determination prior to actual construction of a process or production unit that is a major MACT source, used casting resin and gel coats that exceeded the organic HAP emission limits contained in 40 C.F.R. �� 63.5805(c), failed to submit all applicable notifications as required by 40 C.F.R. �� 63.5905(b)(4), and failed to provide the Ohio EPA with a semi-annual compliance report by January 31, 2004. All of these violations were based upon U.S. EPA's belief at the time of issuance of the FOV/NOV that Tower's Ninth Street facility was a newly constructed reinforced plastic composites production facility, and, therefore, was subject to all of the cited regulations that applied to such newly constructed facilities. U.S. EPA and Tower agreed to sign an administrative consent order whereby, following the execution of the administrative consent order, Tower would agree to satisfy the regulatory requirements for a new reinforced plastic composites production facility with regard to the Ninth Street facility, and U.S. EPA would not assess a penalty for violations at the Ninth Street facility.

Defendants (1)

• Tower IndustriesNamed in complaintNamed in settlement

Facilities (1)

• TOWER INDUSTRIES

  2101 9TH STREET SW, MASSILLON, OH, 44647

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• TOWER INDUSTRIESentered 2004-09-28

  Primary law: CAA

Timeline (3 milestones)

• 2004-09-28Final Order Issued
• 2004-09-30Enforcement Action Data Entered
• 2005-08-04Enforcement Action Closed