EPA v. GENERAL DYNAMICS CORP FT. WORTH DIV.

Case summary

GENERAL DYNAMICS OPERATES AIR FORCE PLANT #4 IN FT WORTH, TX WHICH IS OWNED BY THE US AIR FORCE. AS THE FACILITY CON- TRACTOR, GD ASSEMBLES AND PAINTS THE F-16, A SINGLE-ENGINE FIGHTER AIRCRAFT. GD ALSO PERFORMS RENOVATION WORK ON F111'S, WHICH INCLUDES UPGRADING THE AIRCRAFT'S AVIONICS SYSTEMS AND ELECTRONIC WARFARE CAPABILITIES. PLANT OPERA- TIONS SUBJECT GD TO TEXAS STATE IMPLEMENTATION PLAN REGULA- TIONS, WHICH RESTRICT THE CONCENTRATION OF THE VOLATILE OR- GANIC COMPOUNDS ALLOWED TO BE CONTAINED IN COATING USED FOR MISCELLANEOUS METAL PARTS (REGULATION V, RULE 115.191(9). THESE REGULATIONS WERE INCORPORATED INTO THE TX SIP UNDER REQUIREMENTS OF SUBPART D OF THE CAA. THE FOLLOWING EXTREME PERFORMANCE COATINGS HAVE BEEN DISCOVERED TO BE IN VIOLATION OF THE SIP LIMITS. * * SIP LIMIT VOC CONTENT * GD COATING (LBS/GALLON) (LBS/GALLON) * ADHESIVE PRIMER 3.5 6.5 ADHESIVE TOUCH-UP 3.5 6.3 PRC PRIMER (SOLVENT-BSD) 3.5 4.9 MASKANT 3.5 6.6 * THE VIOLATIONS OF THE SIP LIMITS IN THE OPERATION OF THE PRC PRIMER (HIGH-SOLVENT PRIMERS) AND MASKANT LINE COATING PRO- CESSES WERE ADDRESSED IN A JULY 11, 1985, NOTICE OF VIOLA- TION ISSUED BY THE EPA AGAINST GD. EPA REFERRED THE VIOLA- TIONS TO THE TEXAS AIR CONTROL BOARD IN APRIL 1985, AFTER DETERMINING THAT VIOLATIONS DID EXIST. THE TACB ISSUED NOVS ON JUNE 3, AND SEPT 27, 1985. THE CITY OF FT WORTH AIR POL- LUTION CONTROL DEPT ISSUED ON NOV JULY 17, 1985. GD & TACB SUBSEQUENTLY ENTERED INTO A BOARD ORDER ON JANUARY 17, 1986. ALTHOUGH THE BOARD ORDER PUT GD ON A COMPLIANCE SCHEDULE TO SUBSTITUTE THE USE OF A WATER-REDUCIBLE PRIMER FOR THEIR SOLVENT PRIMER AND ASSESSED PENALTIES, CERTAIN OTHER ISSUES WERE NOT RESOLVED. * THE CHEMICAL MILLNG MASKANT LINE, WHICH WAS CITED IN THE EPA NOV, WAS SPECIFICALLY EXCLUDED BY TACB BOARD ORDER 86-5 FROM REGULATION BY RULE 115.191. EPA HAS CONSISTENTLY HELD THAT THIS PROCESS IS CONSIDERED TO BE A SURFACE COATING PROCESS, SUBJECT TO THE SIP LIMIT FOR EXTREME PERFORMANCE COATINGS. THE BOARD ORDER ALSO ALLOWED FOR ALL VOC EMISSIONS DUE TO THE USE OF EXTREME PERFORMANCE COATINGS TO BE AVERAGED TO- GETHER IN ORDER TO DEMONSTRATE COMPLIANCE. THE COATINGS OF THIS AVERAGING PLAN INCLUDE THE PRC AND WATER-REDUCIBLE PRIMERS, THE ADHESIVE PRIMER AND TOUCHUP, AND THE GENERAL PURPOSE CLEANERS. THESE CLEANERS CONSIST OF A MIXTURE OF 85% FREON-113 AND 15% HIGH SOLVENT CLEANER (EITHER METHYL ETHYL KETONE OR A MILITARY CLEANER KNOWN AS MIL-C). EPA'S POSITION IS THAT THIS TYPE OF AVERAGING IS ACCEPTABLE, AS LONG AS ONLY COATINGS OF A SINGLE TYPE ARE INVOLVED (IE, AL EXTREME PERFORMANCE COATINGS). HOWEVER, NO EXEMPT SOLVENTS, SUCH AS FREON-113, COULD BE INCLUDED IN THE AVERAGE PLAN TO SHOWS THAT A CONTINUING VIOLATION STILL EXISTS. SINCE GD HAS CONTINUED TO UTILIZE THESE COATINGS W/O ANY ADDITIONAL CONTROLS, GD HAS BEEN OPERATING IN VIOLATION OF THE TEXAS SIP. AS INDICATED EARLIER, THE VIOLATIONS OF THE SIP OC- CURRING AT GD RESULT IN EXCESS EMISSIONS OF VOLATILE OR- GANIC COMPOUNDS. VOC EMISSIONS ARE A PRECURSOR TO THE AT- MOSPHERIC PRODUCTION OF OZONE. THE VIOLATING COATINGS AC- COUNT FOR 272 TONS OF VOCS A YEAR INTO THE OZONE NON-AT- TAINMENT AREA OF TARRANT COUNTY. * AN EPA NOV WILL SHORTLY BE ISSUED TO ADDRESS THE VIOLATIONS OF THE ADHESIVE PRIMER AND ADHESIVE

Defendants (1)

• GENERAL DYNAMICS CORP. FT. WORTH DIV.Named in complaintNamed in settlement

Facilities (1)

• GENERAL DYNAMICS CORP

  GENERAL DYNAMICS BLVD, FORT WORTH, TX, 76108

  Registry ID: 110010645944

Statutes cited

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

Enforcement conclusions (1)

• GENERAL DYNAMICS CORPORATIONentered 1991-02-04

  Primary law: CAA

  Federal penalty: $350,000

Timeline (7 milestones)

• 1986-09-30Enforcement Action Data Entered
• 1986-09-30Referred To Dept Of Justice
• 1987-05-07Complaint Filed With Court
• 1991-02-04Final Order Lodged
• 1991-02-04Final Order Entered
• 1991-02-04Concluded
• 1991-02-15Enforcement Action Closed