EPA v. VISTA PAINT CORPORATION

Case summary

ON JUNE 19, 1987, EPA REGION 9 ISSUED A NOTICE OF VIOLA- TION TO VISTA PAINT CORPORATION ( VISTA ) FOR VIOLATION OF THE CLEAN AIR ACT ( THE ACT ) OCCURING AT ITS FACILITIES IN THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AND THE SAND DIEGO COUNTY AIR POLLUTION DISTRICT. SPECIFICALLY, THE NOV ALLEGES THAT VISTA SOLD AND/OR OFFERED FOR SALE NON-FLAT ARCHITECTURAL COATINGS WHICH CONTAINED VOLATILE ORGANIC COMPOUNDS ( VOCS ) IN LEVELS IN EXCESS OF THE APPLICABLE LIMIT OF 250 GRAMS PER LITER ( G/L ). THE APPLICABLE LIMITS ARE CONTAINED IN SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT ( SCAQMD ) RULE 1113 AND SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT ( SDCAPCD ) RULE 67.0. THESE RULES ARE A PART OF THE FEDERALLY APPROVED CALIFORNIA STATE IMPLEMENTA- TION PLAN ( SIP ). THESE RULES WERE APPROVED AS A PART OF THE SIP ON JANUARY 24, 1985 (50 FR 3338). BOTH DISTRICTS HAVE PROPOSED THROUGH THE CALIFORNIA AIR RESOURCES BOARD ( CARB ) SIP REVISIONS WHICH WOULD FORWARD THE EFFECTIVE DATE IN THE RULES. SCAQMD HAS PROPOSED A FOUR-YEAR EXTEN- SION (TO SEPTEMBER 1989) AND SDAPCD HAS PRPOSED A ONE-YEAR EXTENSION (TO SEPTEMBER 1986). EPA HAS WRITTEN A FEDERAL REGISTER NOTICE PROPOSING TO DISAPPROVE THE SCAQMD RULE REVISION. THIS PROPOSAL WAS FORWARDED TO THE OFFICE OF MANAGEMENT & BUDGET ( OME ) BY EPA HEADQUARTERS IN DECEMBER 1986 AND HAS NOT CLEARED OMB REVIEW. EPA REGION 9 IS STILL CONTEMPLATING ITS ACTION ON THE SDAPCD RULE REVISION. FIELD DATA GATHERED BY THE SDAPCD SHOW THAT VISTA CON- TINUED TO VIOLATE SCAPCD RULE 67.0 MORE THAN THIRTY DAYS AFTER VISTA RECEIVED ITS NOV. INFORMATION PROVIDED ORALLY BY VISTA INDICATES THAT VISTA HAS VIOLATED SCAQMD RULE 1113 MORE THAN THIRTY DAYS AFTER VISTA RECEIVED ITS NOV. TESTS AFTER VISTA RECEIVED ITS NOV. TESTS TAKEN BY EPA INSPECTORS SHOULD CONFIRM THESE VIOLATIONS. THE RESULTS OF THESE TESTS ARE EXPECTED BY MID-OCTOBER, 1987. EPA BELIEVES THAT VISTA HAS BEEN IN CONTINUOUS VIOLATION OF THESE RULES SINCE SEPT- EMBER 2, 1985. HOWEVER, THE FIRST CURRENTLY PROVABLE VIO- LATIONS OCCURED IN MARCH, 1987. IN JUNE, 1987, EPA SENT AN INFORMATION DEMAND TO VISTA PURSUANT TO SECTION 114 OF THE ACT, 42 U.S.C. 7414. VISTA RECEIVED THIS INFORMATION DEMAND BUT HAS FAILED TO RESPOND.

Defendants (1)

• VISTA PAINT CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• VISTA PAINT COMPANY

  2341 N TUSTIN ST, ORANGE, CA, 92865

  Registry ID: 110010595560

• VISTA PAINT CORPORATION

  2020 E. ORANGETHORPE AVE., FULLERTON, CA, 92831

  Registry ID: 110000479900

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• VISTA PAINT CORPORATIONentered 1998-10-05

  Primary law: CAA

  Federal penalty: $1,111,250

Timeline (10 milestones)

• 1987-03-01Enforcement Action Data Entered
• 1987-09-30Referred To Dept Of Justice
• 1988-03-08Returned To Region
• 1989-03-13Rereferred
• 1989-05-01Referred TO U.S. Attorney
• 1990-12-20Complaint Filed With Court
• 1996-04-16Final Order Lodged
• 1998-10-05Final Order Entered
• 1998-10-19Concluded
• 1998-10-19Enforcement Action Closed