EPA v. FILMTEC CORP

Case summary

EPA and FilmTec have reached a settlement agreement to resolve alleged violations of the Clean Air Act at FilmTec?s water filter manufacturing plant in Edina, MN. The terms include injunctive relief and a cash penalty of $250,000. FilmTec owns and operates a campus in Edina, Minnesota, for the manufacture of water filtration products, primarily reverse-osmosis filters for domestic and commercial use. The facility operates under a Title V Permit with a facility-wide emission limit for volatile organic compounds (VOC) of 235 tons per year (tpy), making it a synthetic minor source under the program for the Prevention of Significant Deterioration of Air Quality (PSD). EPA alleges that FilmTec violated provisions of its Title V Permit by exceeding its facility-wide VOC limit and that FilmTec violated provisions of the PSD program by commencing constructing of a major modification to a major stationary source without first obtaining a PSD permit. In addition, EPA alleges that FilmTec did not use the method required by its Title V Permit to show continuous compliance with emissions limits for VOCs and Hazardous Air Pollutants (HAPs). These violations caused excess emissions of VOC, which contributes to ground level ozone. Ground level ozone irritates the human respiratory system and reduces lung function. Under the agreement, Filmtec will: (1) move production from uncontrolled Lines 200 and 300 to the newer, and well-controlled line 600, followed by decommissioning of lines 200 and 300, with no reduction or restriction on production; (2) perform comprehensive emission testing at all 29 emission points from the main process lines in order to accurately measure emissions; and (3) request permit modifications to accurately characterize emissions from all emission points going forward. Properly quantifying emissions is an existing regulatory requirement. FilmTec will pay a civil penalty of $250,000.

Defendants (1)

• FILMTECNamed in complaintNamed in settlement

Facilities (1)

• FILMTEC CORP

  5400 DEWEY HILL RD, EDINA, MN, 554392085

  Registry ID: 110064159501

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 502 — Operating Permits (Title V)

Enforcement conclusions (1)

• FILMTEC CORPentered 2019-09-23

  Primary law: CAA

  Federal penalty: $250,000

Timeline (5 milestones)

• 2016-09-20Referred To Dept Of Justice
• 2016-09-23Enforcement Action Data Entered
• 2019-07-26Final Order Lodged
• 2019-07-26Complaint Filed With Court
• 2019-09-23Final Order Entered