EPA v. CONTAINER CORP. OF AMERICA

Case summary

THIS ACTION HAS BEEN BROUGHT TO REQUIRE CONTAINER CORP. OF AMERICA (CCA) TO COMPLY WITH THE VOLATILE ORGANIC COMPOUND (VOC)EMISSION LIMITS AS SPECIFIED BY THE TEXAS SIP. CCA IS LOCATED IN TARRANT COUNTY, TEXAS, DESIGNATED A NONATTAIN- MENT AREA AND SUBJECT TO THE ADMINISTRATOR'S POST-1982 DATE ENFORCEMENT POLICY. CCA USES AN EIGHT COLOR PACKAGING ROTOGRAVURE PRESS TO PRINT CARTONS FOR DETERGENTS, CANS AND BOTTLES. CCA USES SOLVENT-BASED INKS ONLY WHEN PRINTING DETERGENT CARTONS AND IS TRYING TO DEVELOP WATER-BASED INKS FOR THAT PROCESS. *CAUSE OF ACTION* A). TEXAS REQUIREMENTS: REGULATION V, SECTION 115.201 OF THE TEXAS SIP PRO- HIBITS THE OPERATION OF ANY PACKAGING ROTOGRAVURE FACILITY THAT USES SOLVENT-CONTAINING INK UNLESS VOC EMISSIONS ARE LIMITED BY ONE OF THE FOLLOWING METHODS: 1) THE VOLATILE FRACTION OF INK, AS IT IS APPLIED TO THE SUBSTRATE, CONTAINS 25% BY VOLUME OR LESS OF VOLATILE ORGANIC COMPOUND SOLVENT AND 75% BY VOLUME OR MORE OF WATER; 2) THE INK AS IT IS APPLIED TO THE SUBSTRATE, LESS WATER, CONTAINS 60% BY VOLUME OR MORE OF NONVOLATILE MATERIAL; OR 3) A CARBON ADSORPTION OR INCINERATOR SYSTEM IS OPERATED TO REDUCE THE VOLATILE ORGANIC COMPOUND EMIS- SIONS FROM AN EFFECTIVE CAPTURE SYSTEM BY AT LEAST 90% BY WEIGHT. THE DESIGN AND OPERATION OF THE CAPTURE SYSTEM MUST BE CONSISTENT WITH GOOD ENGINEERING PRACTICE, AND SHALL BE REQUIRED TO PROVIDE FOR AN OVERALL REDUCTION OF AT LEAST 60% BY WEIGHT FOR A PACKAGING ROTOGRAVURE PROCESS. B) CCA 1983 DATA CCA MAINTAINS RECORDS OF INK AND SOLVENT USE ON A MONTHLY RATHER THAN DAILY BASIS. COMPANY DATA FOR THE PERIOD OF JANUARY, 1983 THROUGH OCTOBER, 1983 SHOWS THAT THE INK USED TO PRINT DETERGENT CARTONS AVERAGED 72% BY VOLUME VOC AND 28% BY VOLUME SOLIDS. THE INKS DO NOT MEET THE COMPLAINCE LEVEL OF 25% SOLVENT SET OUT AS ONE METHOD OF COMPLIANCE UNDER SECT. 115.201 NOR DO THEY MEET THE REQUIRE- MENT OF AT LEAST 60% NONVOLATILE MATERIAL (LESS WATER) SET OUT AS A SECOND ALTERNATE METHOD OF COMPLIANCE. THERE IS SOME AMBIGUITY AS TO WHETHER COMPLIANCE IS MEASURED BY EACH INK, AVERAGE INK, BY HOUR, DAY, OR MONTH. HOWEVER, SOLVENT BASED INKS CONSTITUTED 67% OF ALL OF CCA'S INK USE FOR THE DATA COLLECTED IN 1983. THE VOC LEVEL OVERAGED OVER ALL INKS IS AT LEAST 47% AND THE NONVOLATILE MATERIAL (LESS WATER) PERCENTAGE IS STILL BELOW THE REQUIRED 60%. CCA'S INK USE THUS DOES NOT COMPLY EVEN IF COMPLIANCE IS MEASURED BY AVERAGING SOLVENT AND WATER-BASED INKS OVER THE 10 MONTH TIME PERIOD. CCA DID NOT OPERATE A CARBON ADSORPTION OR INCINERATION SYSTEM DURING 1983 AND DID NOT COMPLY WITH THE TEXAS SIP UNDER THE THIRD ALTERNATIVE OF SECT. 115.201, THE ADD-ON CONTROL PROVISIONS. THE EPA ISSUED A SECT. 113(A) NOV TO CCA ON MARCH 7, 1983 BASED ON THE ABOVE DATA. C) CCA POST NOV DATA INFORMATION RECEIVED FROM CCA IN RESPONSE TO THE MAY 29, 1984, SECT.114 LETTER DEMONSTRATED CCA'S CONTINUED VIOLA TION OF THE TEXAS SIP OVER 30 DAYS AFTER THE NOV HAD BEEN ISSUED TO THE COMPANY. DURING THE PERIOD OF APRIL 15, 1984 TO MAY 15, 1984, THE DETERGENT PACKAGE INKS AVERAGED 75% BY VOLUME VOC, 25% SOLIDS, AND ACCOUNTED FOR 48% OF INK USAGE. EVEN AVERAGING IN THE WATER-BASED INKS DOES NOT CAUSE THE INKS TO COMPLY WITH EITHER THE 25% BY VOLUME VOC LIMIT OR THE 60% NONVOLATILE MATERIAL REQUIREMENT. CCA HAS NOT INSTALLED ADD-ON CONTROLS AS OF THE PRESENT. *STATE INVOLVEMENT* CCA SUBMITTED A COMPLIANCE SCHED

Defendants (1)

• CONTAINER CORPORATION OF AMERICANamed in complaintNamed in settlement

Facilities (2)

• CONTAINER CORPORATION OF AMERICA

  925 AVENUE H EAST, ARLINGTON, TX, 76011

  Registry ID: 110006533279

• CONTAINER CORPORATION OF AMERICA

  925 AVENUE H EAST, ARLINGTON, TX, 76011

  Registry ID: 110006533279

Statutes cited

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

Enforcement conclusions (1)

• CONTAINER CORPORATION OF AMER.entered 1989-07-31

  Primary law: CAA

  Federal penalty: $25,000

Timeline (8 milestones)

• 1984-09-28Referred To Headquarters
• 1984-11-05Referred To Dept Of Justice
• 1985-12-04Referred TO U.S. Attorney
• 1985-12-10Complaint Filed With Court
• 1989-07-31Final Order Lodged
• 1989-07-31Final Order Entered
• 1989-07-31Concluded
• 1989-07-31Enforcement Action Closed