EPA v. GNB INDUSTRIAL BATTERY CO.

Case summary

01/02/92 SYNOPSIS: GNB INDUSTRIAL BATTERY CO., INC. (GNB) OWNS AND OPERATES A LEAD-ACID BATTERY MANUFACTURING PLANT IN FORT SMITH, ARK. THIS FACILITY IS A BRANCH OF GNB INDUSTRIAL BATTERY CO., INC. IN LOMBARD, ILL. WHICH IS A SUBSIDIARY OF GNB, INC. OF ST. PAUL, MN. GNB HAS INSTALLED NEW EQUIPMENET SINCE JANUARY 14, 1980 WHICH IS THE APPLICABILITY DATE FOR THE STANDARDS OF PERFORMANCE FOR LEAD-ACID BATTERY MANUFACTURING PLANTS, 40 C.F.R. 60, SUBPART KK. THE FACILITY IS SUBJECT TO NSPS SUBPARTS A AND KK. THE NSPS REGULATIONS REQUIRED GNB TO NOTIFY EPA OF A PHYSICAL OR OPERATIONAL CHANGE TO AN EXISTING FACILITY WHICH MAY INCREASE THE EMISSION RATE OF ANY AIR POLLUTANT TO WHICH A STANDARD APPLIES. SUCH NOTIFICATION WAS REQUIRED TO BE POSTMARKED 60 DAYS OR AS SOON AS PRACTICABLE BEFORE THE CHANGE IS COMMENCED. THE NSPS REGULATIONS ALSO REQUIRED GNB TO CONDUCT PERFORMANCE TESTS ON AFFECTED FACILITIES CONSTRUCTED AFTER JANUARY 14, 1980. GNB FAILED TO TIMELY CONDECT SUCH PERFORMANCE TESTS, AND FAILED TO INSTALL MONITORING EQUIPMENET REQUIRED TO BE IN PLACE PRIOR TO CONDUCTING SUCH TESTS. GNB FURTHER FAILED TO TIMELY NOTIFY EPA PRIOR TO VISIBLE EMISSION READINGS AND PRIOR TO PERFORMANCE TESTS. WHEN PERFORMANCE TESTS WERE FINALLY CONDUCTED, LAB ANALYSIS WAS NOT CORRECTLY PERFORMED. EPA SEEKS INJUNCTIVE RELIEF ORDERING GNB TO COMPLY WITH THE REQUIREMENTS OF 40 C.F.R. PART 60, SUBPARTS A AND KK AND A PENALTY OF NOT LESS THAN $1,321,061.

Defendants (1)

• GNB INDUSTRIAL BATTERY CO., INC.Named in complaintNamed in settlement

Facilities (1)

• EXIDE CORPORATION

  4115 SOUTH ZERO STREET, FORT SMITH, AR, 729086997

  Registry ID: 110000453358

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• GNB INDUSTRIAL BATTERY CO.entered 1996-08-20

  Primary law: CAA

  Federal penalty: $63,177

Timeline (8 milestones)

• 1991-05-31Enforcement Action Data Entered
• 1991-12-27PRN Sent
• 1991-12-27Referred To Dept Of Justice
• 1996-06-18Complaint Filed With Court
• 1996-08-20Final Order Lodged
• 1996-08-20Final Order Entered
• 1996-08-20Concluded
• 2001-01-23Enforcement Action Closed