EPA v. OLD QUAKER PAINT

Case summary

THIS CASE STEMS FROM AN ENFORCEMENT INITIATIVE BY EPA REGION 9 UNDER THE CLEAN AIR ACT ( THE ACT ) INVOLVING THE REGULATION OF VOLATILE ORGANIC COMPOUNDS ( VOCS ) IN ARCHITECTURAL COATINGS IN CALIFORNIA. VOCS, WHEN EMITTED INTO THE ATMOSPHERE, REACT WITH SUNLIGHT TO FORM OZONE POLLUTION OR SMOG . THE FEDERALLY-ENFORCEABLE STATE IMPLEMENTATION PLAN ( SIP ) FOR CALIFORNIA CONTAINS RULES IN APPROXIMATELY TWENTY AIR POLLUTION CONTROL DISTRICTS WHICH PROHIBIT THE SALE OR USE OF NON-FLAT NON-SPECIALTY ARCHITECTURAL COATINGS WITH A VOC CONTENT IN EXCESS OF 250 GRAMS PER LITER ( GPL ). THE COMPLIANCE DATES IN THESE RULES VARY BY DISTRIC, RANGING FROM SEPTEMEBER 1980 TO SEPTEMBER 1986. A COMPLETE LIST OF THE RELEVANT DISTRICT RULES AND THEIR EFFECTIVE DATES IS INCLUDED AS ATTACHMENT A. (MANY OF THESE RULES HAVE BEEN REVISED BY THE LOCAL DISTRICTS AND SUBMITTED TO EPA FOR INCLUSION IN THE SIP. THE REGULATORY STATUS OF THE RULES AND ANY REVISIONS IS DISCUSEED BELOW AT SECTION IV(D).) ON JUNE 9, 1987, EPA REGION 9 ISSUED A NOTICE OF VIOLATION ( NOV ) TO OLD QUAKER PAINT COMPANY ( OLD QUAKER ) FOR VIOLATIONS OF THE THE ARCHITECTURAL COATINGS RULES IN THE SIP IN VARIOUS AIR POLLUTION CONTROL DISTRICS IN CALIFORNIA. SPECIFICALLY, THE NOV STATED THAT OLD QUAKER WAS SELLING AND/OR OFFERING FOR SALE IN THREE OF THESE DISTRICTS NON- FLAT ARCHITECTURAL COATINGS WHICH CONTAINED VOCS IN LEVELS IN EXCESS OF THE APPLICABLE LIMIT OF 250 GPL. SEE ATTACH- MENT T. THE NOV WAS RECEIVED BY OLD QUAKER ON JUNE 17, 1987 FIELD DATA GATHERED BY THE EPA INSPECTORS SHOWS THAT OLD QUAKER HAS CONTINUED TO VIOLATE THE SIP RULE IN THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT ( SCAQMD ) MORE THAN THIRTY DAYS AFTER OLD QUAKER RECEIVED ITS NOV. THE FIRST CURRENTLY PROVABLE VIOLATIONS IN SCAQMD OCCURRED IN FEBRUARY 1987. IN A PRTIAL RESPONSE TO AN INFORMATION DEMAND BY EPA, OLD QUAKER HAS INDICATED THAT IT HAS VIOLATED THE SIP RULES IN VENTURA AND SAN DIEGO COUNTIES AS WELL. IN ADDITION, OLD QUAKER IS IN VIOLATION OF THE ACT BY ITS FAILURE TO ADEQUATELY RESPOND TO DEMANDS FOR INFORMATION SENT TO OLD QUAKER BY EPA IN JUNE 1987 AND JANUARY 1988. PURSUANT TO SECTION 114 OF THE ACT, 42 U.S.C. 7414.

Defendants (1)

• OLD QUAKER PAINT COMPANYNamed in complaintNamed in settlement

Facilities (1)

• OLD QUAKER PAINT CO INC

  21243 SO AVALON BLVD, CARSON, CA, 90745

  Registry ID: 110002631171

Statutes cited

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

Enforcement conclusions (1)

• OLD QUAKER PAINT COMPANY, INC.entered 1990-08-09

  Primary law: CAA

  Federal penalty: $35,000

Timeline (7 milestones)

• 1987-03-01Enforcement Action Data Entered
• 1988-03-31Referred To Dept Of Justice
• 1988-09-07Complaint Filed With Court
• 1990-08-09Final Order Lodged
• 1990-08-09Final Order Entered
• 1990-08-09Concluded
• 1991-08-19Enforcement Action Closed