EPA v. RUST-OLUEM - APO/CAFO

Case summary

Rust-Oleum owns and operates a paint manufacturing facility. Operations at the facility include mixing tanks, thindown tanks, storage tanks, and fill lines. Air emission control equipment for these operations includes a regenerative thermal oxidizer (RTO). On September 4, 2014, EPA issued a Notice and Finding of Violation, alleging that Rust-Oleum had failed to achieve 85% control of the volatile organic compounds (VOCs) from its paint lines, as required by the Wisconsin State Implementation Plan and the facility's permit, and had also failed to submit the required reports under 40 C.F.R. Part 63, Subpart CCCCCCC . Since issuance of the NOV/FOV, Rust-Oleum has taken several steps to resolve the alleged violations. They installed permanent total enclosures on their paint lines to ensure that all generated emissions get routed to the RTO for control. They installed a concentrator upstream of the RTO to ensure that they flow rate to the RTO stays within the design flow rate. They conducted testing to demonstrate the control efficiencies of each the RTO and the concentrator. They applied for and received coverage under a new type of permit, a Type B Registration Permit. Lastly, Rust-Oleum submitted all required reports under NESHAP Subpart CCCCCCC. This CAFO requires Rust-Oleum to pay a penalty of 181,000 and resolves the NOV/FOV issued to Rust-Oleum on September 10, 2014.

Defendants (1)

• RUST-OLEUMNamed in complaintNamed in settlement

Facilities (1)

• RUST - OLEUM CORP

  8105 95TH ST, PLEASANT PRAIRIE, WI, 53158

  Registry ID: 110058909819

Statutes cited

• CAA 112D — MACT Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• RUST-OLUEM - APO/CAFOentered 2017-03-30

  Primary law: CAA

  Federal penalty: $181,000

Timeline (5 milestones)

• 2017-03-30Final Order Issued
• 2017-03-30Complaint Filed/Proposed Order
• 2017-04-07Enforcement Action Data Entered
• 2017-05-25Air Resolved
• 2017-05-25Enforcement Action Closed