EPA v. EVR-GARD COATINGS COMPANY

Case summary

THIS CASE STEMS FROM AN ENFORCEMENT INITIATIVE UNDER THE CLEAN AIR ACT ( THE ACT ) BY EPA REGION 9 INVOLVING THE REGULATION OF ARCHITECTURAL COATINGS (MOSTLY HOUSE PAINTS). THE FEDERALLY ENFORCEABLE STATE IMPLEMENTATION PLAN ( SIP ) FOR CALIFORNIA CONTAINS RULES WHICH PROHIBIT THE SALE OR USE OF NON-FLAT, NON-SPECIALLY ARCHITECTURAL COATINGS WITH A SOLVENT CONTENT IN EXCESS OF 250 GRAMS PER LITER. SOLVENT ARE VOLATILE ORGANIC COMPOUNDS ( VOCS ) WHICH, WHEN EMITTED TO THE ATMOSPHERE, REACT IN SUNLIGHT TO FORM OZONE POLLU- TION. THESE RULES APPLY TO COATINGS MANUFACTURED AFTER SEPTEMBER 2, 1985, IN THE SOUTH COAST AIR QUALITY MANAGE- MENT DISTRICT ( SCAQMD ) AND TO COATINGS MANUFACTURED AFTER SEPTEMBER 1, 1986, IN MOST OF THE REST OF CALIFORNIA. IN MAY, 1987, REGION 9 SENT INFORMATION DEMANDS, PURSUANT TO SECTION 114 OF THE ACT, 42 U.S.C. 7414, TO APPROXIMATELY 65 COATINGS MANUFACTURERS WHO MARKET COATINGS IN CALIFORNIA. EVR-GARD COATINGS COMPANY ( EVR-GARD ) WAS AMONG THESE MANUFACTURERS. EVR-GARD RECEIVED THE INFORMATION DEMAND BUT FAILED TO RESPOND WITH ANY INFORMATION. IN JUNE, 1987, REGION 9 ISSUED NOTICES OF VIOLATION ( NOVS ) TO APPROXIMATELY 40 OF THE ORIGINAL 65 COATINGS MANUFACTURERS. DESIPTE ITS FAILURE TO ADEQUATELY RESPOND TO THE MAY INFORMATION DEMAND, EVR-GARD WAS AMONG THESE MANUFACTURERS BECUASE REGION 9 HAD GATHERED FIELD DATA SUFFICIENT TO ISSUE AN NOV. ALSO IN JUNE, 1987, REGION 9 ISSUED A SECOND INFORMATION DEMAND TO THOSE MANUFACTURERS WHO RECEIVED AN NOV IN THAT MONTH. EVR-GARD RECEIVED THIS SECOND INFORMATION DEMAND BUT, AGAIN HAS FAILED TO RESPOND AS REQUIRED.

Defendants (3)

• EVR-GARD COATINGS COMPANYNamed in complaintNamed in settlement
• HEBB, RICHARDNamed in complaintNamed in settlement
• SMITH, GREGORYNamed in complaintNamed in settlement

Facilities (1)

• EVR-GARD COATINGS CO

  16400 S GARFIELD AVE, PARAMOUNT, CA, 90723

  Registry ID: 110002632330

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request

Enforcement conclusions (1)

• EVR-GARD COATINGS COMPANYentered 1989-02-28

  Primary law: CAA

  Federal penalty: $30,000

Timeline (8 milestones)

• 1987-05-20Enforcement Action Data Entered
• 1987-09-30Referred To Dept Of Justice
• 1988-05-02Referred TO U.S. Attorney
• 1988-05-26Complaint Filed With Court
• 1989-02-28Final Order Lodged
• 1989-02-28Final Order Entered
• 1989-02-28Concluded
• 1989-06-28Enforcement Action Closed