EPA v. SILGAN CONTAINER CORPORATION (NATIONAL CASE) (LEAD)

Case summary

Per a October 15, 1999 Agreement between Silgan Containers LLC (Silgan) and the U.S. Environmental Protection Agency, Silgan conducted a nationwide audit of each of its facilities to evaluate its compliance with 1) the Prevention of Significant Deterioration/New Source Review (PSD/NSR) requirements of the Clean Air Act (the Act); 2) other air pollution control regulations of the Act; and 3) its permits. In 2002, pursuant to EPA?s policy, ?Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations,? referred to as the ?Audit Policy,? Silgan disclosed potential violations in EPA regions 2, 4, 5, and 7, and in 2004, Region 10. Specific to Region 5, Silgan disclosed potential violations at its Broadview and Rochelle, Illinois; Hammond, Indiana; Benton Harbor, Michigan; St. Paul, Minnesota; and Menomonee Falls, Menomonie, Oconomowoc and Plover, Wisconsin facilities. The Consent Decree requires Silgan to pay a $365,000 civil penalty and, as injunctive relief, permanently cease all liquid side-seam coating application containing volatile organic compounds (VOCs) on three can welding lines at the Oconomowoc facility and convert these lines to use powder side-seam coating that contain no VOCs, resulting in a 41,960 pounds/year reduction of VOCs. $219,000 out of the $365,000 civil penalty is due to violations Silgan had in Region 5, and thus, $219,000 is the amount Region 5 is credited for. Silgan must submit applications to the Wisconsin Department of Natural Resources (WDNR) for construction permits incorporating the zero-VOC emission limits. Silgan must also submit to WDNR applications to revise the Menomonee Falls facility's permits to reduce allowable VOC emissions by 172,000 pounds/year from four sheet coating lines and cleanup solvent use. Silgan must also permanently reduce actual emissions at the Oconomowoc and its Hoopeston, Illinois facilities by at least a total of 28,000 pounds/year by ceasing operations at end press lines No. 7 at Oconomowoc and Nos. 9 and 10 at Hoopeston. Outside of Region 5, Silgan must 1) obtain a non-Title V synthetic minor permit with a 77.2 tons per year (tpy) VOC plant-wide emissions limit at its Toppenish, Washington facility; 2) permanently retire Emission Reduction Credits by 22.26 tpy at its San Joaquin, California facility; and 3) file an application to withdraw the operating permits for its Tarrant, Alabama facility, which it closed on June 30, 2008, thereby securing permanent and actual VOCs emission reductions of nearly 150 tpy.

Defendants (1)

• Silgan Containers CorporationNamed in complaintNamed in settlement

Facilities (10)

• SILGAN CONTAINERS MANUFACTURING CORPORATION

  2501 165TH ST, HAMMOND, IN, 46320-2932

  Registry ID: 110000397972

• SILGAN CONTAINERS CORPORATION

  333 12TH ST, BENTON HARBOR, MI, 49022

  Registry ID: 110003702878

• SILGAN CONTAINERS MFG CORP - ST PAUL

  755 N PRIOR AVE, SAINT PAUL, MN, 551041038

  Registry ID: 110003769093

• SILGAN CONTAINERS MANUFACTURING CORPORATION

  2501 165TH ST, HAMMOND, IN, 46320-2932

  Registry ID: 110000397972

• SILGAN CONTAINERS MANUFACTURING CORP

  400 N 15TH ST, ROCHELLE, IL, 61068-1272

  Registry ID: 110000436699

• SILGAN CONTAINERS MANUFACTURING CORPORAT

  N90W14600 COMMERCE DR, MENOMONEE FALLS, WI, 530512337

  Registry ID: 110009515872

• SILGAN CONTAINERS MFG CORP - PLOVER

  1400 PLOVER RD, PLOVER, WI, 544673136

  Registry ID: 110000422098

• SILGAN CONTAINERS CORP.

  1416 INDIANHEAD DR E, MENOMONIE, WI, 547518524

  Registry ID: 110000422828

• SILGAN CONTAINERS MFG CORP

  520 W 2ND ST, OCONOMOWOC, WI, 530663500

  Registry ID: 110000416648

• SILGAN CONTAINERS MANUFACTURING CORP

  1951 W 21ST ST, BROADVIEW, IL, 60155

  Registry ID: 110024762586

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 173 — New Source Review Permit Requirements
• CAA 502 — Operating Permits (Title V)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• SILGAN CONTAINER CORPORATION (NATIONAL CASE) (LEAD)entered 2010-08-02

  Primary law: CAA

  Federal penalty: $219,000

Timeline (7 milestones)

• 2006-03-15Referred To Dept Of Justice
• 2006-04-05Enforcement Action Data Entered
• 2010-06-14Final Order Lodged
• 2010-06-14Complaint Filed With Court
• 2010-08-02Final Order Entered
• 2017-05-16Enforcement Action Closed
• 2017-05-16Air Resolved