EPA v. VIRCO MANUFACTURING CORPORATION

Case summary

VIRCO MANUFACTURING CORPORATION MANUFACTURES METAL FURNI- TURE FOR SCHOOLS, OFFICES, HOUSEHOLDS IN ITS LOS ANGELES, CA FACILITY. IT IS LOCATED IN A NONATTAINMENT AREA FOR OZONE WHICH HAS RECEIVED AN EXTENSION FOR COMPLIANCE UNTIL 1987. VIRCO, A DELAWARE CORPORATION, IS REGISTERED AS DOING BUSINESS IN CA WITH CORPORATE HQ IN LOS ANGELES. VIRCO VIOLATED THE CALIFORNIA STATE IMPLEMENTATION PLAN IN THAT THE COATINGS USED ON ITS FURNITURE CONTAIN MORE VOLATILE ORGANIC COMPOUNDS THAN ALLOWED BY SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT RULE 1107. A JOINT EPA AND SCAQMD INSPECTION OF THE VIRCO FACILITY ON 12/6/84 FOUND THE COMPANY TO BE IN VIOL OF RULE 1107. EPA ISSUED A NOV TO VIR CO ON 9/19/85. VIRCO HAS BEEN LISTED IN CDS AS SIGNIF VIO- ATOR. VIRCO HAS SUBMITTED TO REGION 9 A PROPOSED COMPLIANCE PLAN THAT WOULD BRING THE COMPANY'S FACILITY INTO COMPLIANCE WITH SCAQMD RULE 1107 BY THE END OF 1986. COMPLIANCE WILL BE ACHIEVED EITHER BY CONVERSION OF THE COMPANY'S COATING PROCESSES TO LOW VOC COATINGS OR BY INSTALLATION OF ADD-ON EMISSIONS CONTROL TECHNOLOGY. VIRCO MANUFACTURING IS ENGAGED IN THE FABRICATION AND COATING OF METAL FURNITURE AT ITS FACILITY AT 15134 S. VERMONT AVE., LOS ANGELES, CA. HIGH SOLID ENAMELS AND LIQUID METALLIC COATINGS ARE APPLIED WITH ELECTROSTATIC EQUIPMENT. THESE COATINGS ARE HEATED TO 130'F. BEFORE SPRAYING, AND NO SOLVENTS ARE ADDED FOR THINNING PURPOSES. SOME PARTS ARE COATED WITH POWDER COATINGS. AFTER COATING, THE PARTS ARE BAKED AT 420'F. A NUMBER OF COATINGS IN USE IN THE PLANT DO NOT COMPLY WITH THE LIMITS OF RULE 1107. EPA CONDUCTED AN INSPECTION OF THE FACILITY ON 12/6/84. INFORMATION PROVIDED TO THE INSPECTOR AT THE TIME OF THE INSPECTION SHOWED THAT SEVERAL COATINGS IN USE EXCEEDED THE VOC CONTENT LIMIT OF 360 GRAMS PER LITER IN EFFECT AT THE TIME OF THE INSPECTION, AND THAT TWO METALLIC COATINGS DID NOT MEET THE DEFINITION OF EXEMPT METALLICS SPECIFIED IN THE FEDERALLY APPROVED VERSION OF RULE 1107. ON APRIL 18, 1985, VIRCO RESPONDED TO A REQUEST FOR INFOR- MATION TO BE PROVIDED TO EPA. THIS RESPONSE CONSISTED OF A COPY OF AN APRIL 12, 1985 LETTER TO THE SCAQMD, WHICH STATED IN PART THAT BOTH VIRCO AND OUR SUPPLIERS LOOK FORWARD TO ACHIEVING THE FINAL GOAL OF 275 GRAMS PER LITER BY... JULY 1, 1986 . AT THE TIME OF THE INSPECTION, THESE COATINGS WERE REQUIRED TO MEET THE 360 G/L VOC CONTENT LIMIT THEN IN EFFECT FOR OVEN DRIED GENERAL COATINGS. 1/1/85 THE FINAL LIMIT OF 275 G/L CAME INTO EFFECT FOR OVEN DRIED COATINGS. BASED ON INFORMATION PROVIDED TO THE INSPECTOR AT THE TIME OF 12/84, VIRCO USED A NUMBER OF COATINGS IN 1984 WHICH VIO- LATED THE VOC LIMITS IN EFFECT AT THE TIME. EPA CONCLUDES FROM THIS INFORMATION AND FROM THE LETTER TO THE SCAQMD OF 4/15/I5, THAT THE COMPANY HAS BEEN IN VIOLATION OF THE 1/1/85 FINAL LIMITS SINCE THEY CAME INTO EFFECT. SAMPLES WILL BE TAKEN IN 4/86 TO ESTABLISH THAT VIRCO CONTINUES TO BE IN VIOLATION OF RULE 1107. THE COMPLIANCE PLAN SUBMITTED BY VIRCO PROVIDES FOR THE FOLLOWING: VIRCO WILL ATTEMPT TO ACHIEVE FINAL COMPLIANCE WITH RULE 1107 BY FEFORMULATING TO COMPLYING LIQUID COATINGS, AND BY AN INCREMENTAL REPLACEMENT OF EXISTING NON-COMPLYING COAT- INGS WITH THE NEW COMPLYING COATINGS, REACHING FULL COMPLI- ANCE BY 8/1/86. IF FINAL COMPLIANCE HAS NOT BEEN ACHIEVED BY 6/1/86 VIRCO SHALL COMMENCE ENGINEERING STUDIES FOR THE INSTALLATION OF EITHER A POWDER COATING SYSTEM OR AN ADD-ON CONTROL DEVICE. BY 7/1/86, VIRCO WILL DECIDE WHETHER FULL COMPLIANCE CAN BE ACHIEVED THROUGH THE EQUIVALENCY PR

Defendants (1)

• VIRCO MANUFACTURING CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• VIRCO MFG CORPORATION

  15134 SOUTH VERMONT AVENUE, GARDENA, CA, 90247

  Registry ID: 110002631812

Statutes cited

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

Enforcement conclusions (1)

• VIRCO MANUFACTURINGentered 1987-01-08

  Primary law: CAA

  Federal penalty: $50,000

Timeline (7 milestones)

• 1986-03-31Referred To Dept Of Justice
• 1986-06-25Referred TO U.S. Attorney
• 1986-06-30Complaint Filed With Court
• 1987-01-08Concluded
• 1987-01-08Final Order Lodged
• 1987-01-08Final Order Entered
• 1989-01-12Enforcement Action Closed