EPA v. ACF INDUSTRIES, INC.

Case summary

NATURE OF CASE- ACF INDUSTRIES OWNS AND OPERATES A FACILITY IN LONGVIEW, TEXAS THAT APPLIES INTERNAL AND EXTERNAL COAT- ING MATERIALS TO RAILCARS. ACF IS SUBJECT TO TEXAS AIR CON- TROL BOARD (TACB) REGULATION V, SECT. 115.191(9) AND SECT. 115.194, WHICH PROVIDES IN PART THAT BASED ON A DAILY WEIGHTED AVERAGE, VOLATILE ORGANIC COMPOUND (VOC) EMISSIONS FROM A COATING PROCESS CANNOT EXCEED 3.5 POUNDS PER GALLON MINUS WATER OF COATING APPLIED AS AN EXTREME PERFORMANCE COATING. THIS REQUIRED VOC EMISSION LIMITATION MUST HAVE BEEN ACHIEVED BY 12/31/82. ACF INDUSTRIES, BASED ON DATA SUBMITTED TO EPA IN RESPONSE TO A REQUEST FOR INFORMATION UNDER SECTION 114 OF THE CLEAN AIR ACT (ACT), WAS FOUND TO BE EXCEEDING THE VOC EMISSION LIMITATIONS SET FORTH IN THE TEXAS STATE IMPLEMENTATION PLAN (SIP) AND CONSEQUENTLY, EPA ISSUED A NOTICE OF VIOLA- TION (NOV) ON 1/30/84 TO ACF INDUSTRIES. EPA IS AUTHORIZED BY SECTION 113 OF THE ACT TO BRING A CIVIL ACTION FOR VIO- LATION OF AN APPLICABLE SIP MORE THAN 30 DAYS AFTER HAVING BEEN NOTIFIED BY THE ADMINISTRATOR OF THE VIOLATION. A SEC- OND REQUEST FOR INFORMATION UNDER SECTION 114 CONFIRMED THAT THE VIOLATION EXTENDED MORE THAN 30 DAYS AFTER THE NOV. CAUSE OF ACTION- SINCE NOVEMBER 1983, THERE HAS BEEN DOCU- MENTED EVIDENCE THAT ACF HAS BEEN OUT OF COMPLIANCE WITH THE TEXAS SIP CONCERNING VOC EMISSION LIMITATIONS FROM COATING PROCESSES. IN ACF'S RESPONSE TO TWO SECTION 114 LETTERS, THE COMPANY PROVIDES COATING USAGE DATA WHICH CLEARLY INDI- CATES THAT THE OVERALL WEIGHTED AVERAGE OF VOC EMISSIONS FROM THE COATING PROCESS WAS 4.0 OR GREATER POUNDS PER GAL- LON OF COATING. THE OVERALL AVERAGE OF VOC'S FROM THE COAT- INGS IS, OF COURSE, ABOVE THE 3.5 POUNDS PER GALLON LIMITA- TION FOUND IN THE TEXAS SIP. PROPOSED REMEDY- ACCORDING TO EPA'S NOVEMBER 5, 1984 CLEAN AIR ACT STATIONARY SOURCE CIVIL PENALTY POLICY, THE ECONOM- IC BENIFIT TO ACF FOR DELAYED COMPLIANCE IS $1,636,000. REGION VI RECOMMENDS THAT THE GOVERNMENT ATTEMPT TO NEGO- TIATE A CONSENT DECREE WITH A COMPLIANCE SCHEDULE AS SOON AS POSSIBLE, STIPULATED PENALTIES FOR FAILURE TO MEET AND MAINTAIN THE LIMITS SET FORTH IN THE TEXAS SIP, AND A CIVIL PENALTY OF $998,000. A COMPLIANCE SCHEDULE MAY NOT BE NECESSARY, IF THE COMPANY CAN SHOW COMPLIANCE THROUGH THE WINTER MONTHS, WHEN BECAUSE OF THE LOW AMBIENT TEMPERATURES, IT IS DIFFICULT TO APPLY LOW SOLVENT COATINGS TO THE RAILCARS.

Defendants (2)

• ACF INDUSTRIES, INC.Named in complaintNamed in settlement
• SHIPPER CAR LINE, INC.Named in complaintNamed in settlement

Facilities (1)

• ACF INDUSTRIES SHIPPERS CAR LINE DIV

  STEVENS & PROTHRO ST, LONGVIEW, TX, 75604

  Registry ID: 110000917241

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 120 — Clean Air Act
• CAA 113B — Clean Air Act

Enforcement conclusions (1)

• ACF INDUSTRIES INDUSTRIES INCOentered 1987-08-18

  Primary law: CAA

  Federal penalty: $35,000

Timeline (7 milestones)

• 1984-12-21Referred To Headquarters
• 1985-01-15Referred To Dept Of Justice
• 1985-08-28Complaint Filed With Court
• 1987-08-18Final Order Lodged
• 1987-08-18Final Order Entered
• 1987-08-18Concluded
• 2001-02-09Enforcement Action Closed