EPA v. SYNCOM DIV. OF SCHWAN'S SALES ENT., INC.

Case summary

SYNOPSIS OF CASE SOURCE/OPERATION SYNCOM DIVISION OF SCHWAN'S SALES ENTERPRISES, INC. (SYNCOM), A MINNESOTA CORPORATION DOING BUSINESS IN SOUTH DAKOTA, IS THE OWNER OF A MAGNETIC TAPE MANUFACTURING FACILITY LOCATED IN MITCHELL, SOUTH DAKOTA. ACTUAL OPERATION OF THE FACILITY BEGAN IN MAY, 1980 WITH CONSTRUC- TION OBVIOUSLY OCCURRING SOMETIME BEFORE THAT DATE. THE POTENTIAL TO EMIT MORE THAN 2,085 TONS PER YEAR OF AN OZONE PRECURSOR, VOLATILE ORGANIC COMPOUNDS. VIOLATIVE CONDUCT THE CLEAN AIR ACT AND ITS IMPLEMENTING REQULATIONS MAN- DATE THAT A SOURCE WITH THE EMISSION POTENTIAL OF SYNCOM FACILITY OBTAIN A PREVENTION OF SIGNIFICANT DETERIORATION PERMIT BEFORE BEGINNING ACTUAL CONSTRUCTION. SEE, SECTION 165, 42 U.S.C. 7475, AND 40 C.F.R. 52.21(I). SYNCOM DID NOT OBTAIN A PERMIT PRIOR TO CONSTRUCTING AND HAS NOT OBTAIN ED THE REQUIRED PERMIT TO DATE. THE ENVIRONMENTAL PROTECTION AGENCY'S ( EPA ) AUTHORITY TO BRING ACTION- EPA IS AUTHORIZED TO SEEK JUDICIAL RELIEF BY SECTION 113(B) OF THE CLEAN AIR ACT, 42, U.S.C. 7413(B). THREAT TO HEALTH AND ENVIRONMENT THE OPERATION OF THE SYNCOM FACILITY SHOULD NOT CAUSE A VIOLATION OF THE AMBIENT STANDARD FOR OZONE IN THE AFFECTED AREA. NEVERTHELESS, GIVEN THE INTENT OF THE PREVENTION OF SIGNIFICANT DETERIORATION PROGRAM PLUS THE PROLIFERATION OF NEW SOURCES IN THIS REGION, EPA REGION VIII MUST EMPHASIZE THE IMPORTANCE OF ALL REQUIREMENTS DESIGNED TO PREVENT DEDGRATION OF AIR QUALITY. DESCRIPTION OF DEFENDANT'S OPERATION SYNCOM MANUFACTURES FLEXIBLE MAGNETIC MEDIA (TAPE) FOR COMPUTER APPLICATION. PIGMENTS (IRON OXIDE, CARBON BLACK, A AND ALUMINUM) ARE MIXED WITH A CYCLOHEXANONE SOLVENT AND A POLYURETHANE BINDER IN A BATCH MIXER. THE MIXTURE IS THEN USED TO COAT MYLAR TAPE. AN INFRARED OVEN IS USED TO DRY TAPE. THE CYCLOHEXANONE IS CURRENTLY DRIVEN OFF TO THE AMBIENT ATMOSPHERE UNCONTROLLED. THE DRYING PROCESS IS, THEREFORE, THE MAJOR EMITTER OF VOLATILE ORGANIC COMPOUNDS (VOCS). WHEN THE TAPE IS DRY, IT IS CUT TO THE DESIRED WIDTH, PLACED ON A SPOOL, TESTED, AND ULTIMATELY SOLD. BASIS OF ALLEGED VIOLATION FACTUAL BASIS SYCOM COMMENCED OPERATION OF ITS MAGNETIC TAPE MANUFAC- TURING FACILITY IN MAY, 1980. CONSTRUCTION OF THE FACILITY OCCURRED AT AN-AS-UNDETERMINED TIME PRIOR TO THAT DATE. SYNCOM HAS ADMITTED OPERATION OF THE FACILITY SINCE MAY, 1980. DESPITE THE FACT OF CONSTRUCTION AND OPERATION OF ITS FACILITY, SYNCOM DID NOT OBTAIN A PERMIT FROM EPA UNDER FEDERAL PSD REGULATIONS TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF ITS FACILITY AT MITCHELL, SOUTH DAKOTA. SYNCOM DID RECEIVE FROM THE STATE OF SOUTH DAKOTA A PERMIT TO OPERATE ON JULY 9, 1980. THIS PERMIT WAS EXPRESSLY CONDITIONED UPON: (I) COMPLETION OF A PERFORMANCE TEST BY OCTOBER, 1 1982, TO ENSURE COMPLIANCE WITH STATE AND FEDERAL REGULATION; (II) EXPIRATION OF THE PERMIT ON OCTOBER 1, 1982 AND ITS NON-RENEWABILITY; AND (III) RIGHT OF THE STATE TO REVOKE THE PERMIT AT ANY TIME IF CONDITIONS DEVELOP ADVERSELY AFFECTING THE HEALTH AND GENERAL WELFARE OF THE PUBLIC. SEPTEMBER, 1983. THIS CONTROL EQUIPMENT HAS YET TO BE INSTALLED. ON SEPTEMBER 24, 1984, EPA ISSUED A NOTICE OF VIOLATION TO SYNCOM UNDER SECTION 113(A) OF THE CLEAN AIR ACT, 42 U.S. C. 7412(A)(1).

Defendants (1)

• SYNCOM DIV OF SCHWAN'S SALES ENT., INCNamed in complaintNamed in settlement

Facilities (1)

• SYNCOM DIVISION OF SCHWANS SALES ENTER

  1000 SYNCOM DRIVE, MITCHELL, SD, 57301

  Registry ID: 110002124148

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• SYNCOM, A DIVISION OF SCHWANSentered 1985-12-11

  Primary law: CAA

  Federal penalty: $60,000

Timeline (7 milestones)

• 1985-03-19Referred To Dept Of Justice
• 1985-09-24Referred TO U.S. Attorney
• 1985-09-26Complaint Filed With Court
• 1985-12-11Concluded
• 1985-12-11Final Order Entered
• 1985-12-11Final Order Lodged
• 1988-09-23Enforcement Action Closed