EPA v. MERILLAT INDUSTRIES, INC.

Case summary

NATURE OF CASE THIS IS A CIVIL ACTION AGAINST MERILLAT INDUSTRIES, INC. PURSUANT TO SECTION 113(B) OF THE CLEAN AIR ACT ( THE ACT ), 42 U.S.C. 7413(B), FOR CONSTRUCTING A MAJOR STATIONARY SOURCE WITHOUT A PREVENTION OF SIGNIFICANT DETERIORATION PERMIT. FAILURE TO OBTAIN A FEDERAL PERMIT PRIOR TO CON- STRUCTING THIS MAJOR SOURCE OF VOLATILE ORGANIC COMPOUNDS CONSTITUTES A VIOLATION OF SECTION 165 OF THE ACT, 42 U.S.C. 7475, AND THE IMPLEMENTING REGULATIONS AT 40 C.F.R. 52.21(I) MERILLAT INDUSTRIES BEGAN ACTUAL CONSTRUCTION ON A CABIN ETRY MATERIALS (PARTICLEBOARD MANUFACTURE AND LAMINATING PROCESS) PLANT AT RAPID CITY, SOUTH DAKOTA AS EARLY AS AUGUST, 1983. BECAUSE THE STATE DOES NOT HAVE AN APPROVED PREVENTION OF SIGNIFICANT DETERIORATION PROGRAM, EPA ADMINI- STERS FEDERAL PERMIT REQUIREMENTS THERE. BECAUSE THE CORPORATION'S OWN ESTIMATES SHOW AN EMISSION POTENTIAL OF MORE THAN 2,000 TONS PER YEAR VOLATILE ORGANIC COMPOUNDS, THE FEDERAL PERMITTING REQUIREMENTS APPLY. IN THE FACE OF WRITTEN AND VERBAL ADVICE TO APPLY FOR THE REQUIRED PERMIT, MERILLAT INDUSTRIES CONTINUED CONSTRUCTION. ADMINISTRATIVE ENFORCEMENT ACTIONS RESPONSIVE TO THE SITUATION THEN INCLUDE D EPA'S STOP CONSTRUCTION ORDER UNDER SECTION 167 OF THE ACT 42 U.S.C. 7477, AND A NOTICE OF VIOLATION PURSUANT TO SECTIO N 113(A) OF SAID ACT, 42 U.S.C. 7413(A). CAUSE OF ACTION MERILLAT INDUSTRIES IS A PERSON WITHIN THE MEANING OF SECTION 302(E) OF THE ACT, 42 U.S.C. 7602(E); AND THE OWNER OF THE SUBJECT MAJOR STATIONARY SOURCE AS THAT TERM IS DEFINED FOR PREVENTION OF SIGNIFICANT DETERIORATION PURPOSES AT 40 C.F.R. 52.21(B)(1)(I). (ALSO: MAJOR EMITTING FACILIT Y AS DEFINED AT SECTION 169 OF THE ACT 42 U.S.C. 7479). ME RILLAT INDUSTRIES, THEREFORE, IS SUBJECT TO CIVIL ACTION UNDER THE REFERENCED 113(B) OF THE ACT, IF IT VIOLATES AN APPLICABLE STATE IMPLEMENTATION PLAN MORE THAN THIRTY DAYS AFTER BEING NOTIFIED OF THE VIOLATION. THE APPLICABLE SOUTH DAKOTA IMPLEMENTATION PLAN INCORPORATES THE FEDERAL PREVENTION OF SIGNIFICANT DETERIORA TION REGULATIONS, 40 C.F.R. 52.21(B)-(W), AT 40 C.F.R.52.217 8(B). THESE REGULATIONS HOLD PROPOSED MAJOR STATIONARY SOUR CES IN CLASSIFIED ATTAINMENT AREAS SUBJECT TO SPECIFIC PERMI T REQUIREMENTS AND PROHIBIT BEGINNING ACTUAL CONSTRUCTION WI THOUT A PERMIT. 40 C.F.R. 52.21(I)(1)-(3). MERILLAT INDUSTRIES BEGAN ACTUAL CONSTRUCTION ON A SOURCE WITH THE POTENTIAL TO EMIT A REGULATED AIR POLLUTANT AT A LOCATION AND AT A LEVEL WHEREIN A FEDERAL PERMIT TO CONSTRUC T WAS REQUIRED. SEE 40 C.F.R. 52.21(B)(1)(II), (B)(4), (B)( 11), AND 40 C.F.R. 52.2174. MERILLAT INDUSTRIES HAS NOT OBTAINED A FEDERAL PERMIT. TECHNICAL CONTACT, C. O'BOYLE, INSPECTED OPERATION ON 9/21/84 AND NOTED THAT PARTICLEBOARD MANUFACTURE PORTION IS READY TO START-UP AND LAMINATING LINE PORTION IS NEAR COMPLETION. REINSPECT ON 12/5/84 AND NOTED POTENTIAL VIOLATION OF EPA 167 ORDER. PROPOSED REMEDY EPA SEEKS APPROPRIATE INJUNCTIVE RELIEF AS WELL AS A CIVI L PENALTY FOR THE CONTINUING VIOLATION. (BASED UPON DISCUS- SIONS TO DATE, EPA ANTICIPATES EVENTUAL SETTLEMENT BY CONSEN T DECREE.) ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE THIS CASE SHOULD NOT RAISE ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE.

Defendants (1)

• MERILLAT INDUSTRIES, INC.Named in complaint

Facilities (2)

• MERILLAT INDUSTRIES INCORPORATED

  4300 S. HWY. 79, RAPID CITY, SD, 577094040

  Registry ID: 110010367021

• MERILLAT INDUSTRIES INCORPORATED

  4300 S. HWY. 79, RAPID CITY, SD, 577094040

  Registry ID: 110010367021

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Timeline (5 milestones)

• 1984-09-11Enforcement Action Data Entered
• 1984-09-11Referred To Dept Of Justice
• 1985-03-25Complaint Filed With Court
• 1987-08-17Concluded
• 1987-08-17Enforcement Action Closed