EPA v. TABC, INC.

Case summary

THIS CASE STEMS FROM AN ONGOING ENFORCEMENT EFFORT BY EPA REGION 9 UNDER CLEAN AIR ACT (THE ACT ) INVOLVING THE REGULATION OF VOLATILE ORGANIC COMPOUNDS ( VOCS ) IN AUTO- MOTIVE PARTS COATINGS IN CALIFORNIA. WHEN EMITTED INTO THE ATMOSPHERE, VOCS REACT WITH OXIDES OF NITROGEN IN SUNLIGHT TO FORM OZONE POLLUTION OR SMOG. THE FEDERALLY-ENFORCEABLE STATE IMPLEMENTATION PLAN ( SIP ) FOR CALIFORNIA INCLUDES SOUTH COAST AIR QUALITY MANAGEMENT DISTRIC ( SCAQMD ) RULE 1115. THIS RULE LIMITS THE VOC CONTENT OF COATINGS WHICH ARE APPLIED TO AUTOMOTIVE PARTS. THE EFFECTIVE DATE FOR THE FINAL AND MOST STRINGENT LIMITS CONTAINED IN RULE 1115 IS JANUARY 1, 1985. THE SCAQMD HAS NOT ATTAINED THE NATIONAL AMBIENT AIR QUALITY STANDARDS ( NAAQS ) FOR OZONE. ON MAY 20, 1988, REGION 9 ISSUED AND INFORMATION DE- MAND PURSUANT TO DETEMINE WHETHER TABC, INC. ( TABC ), WAS COMPLYING ( THE PLANT ). BASED ON THE RESPONSE BY TABC TO THE JULY INFORMATION DEMAND, REGION 9 ISSUED A NOTICE OF VIOLATION ( NOV ) TO TABC. THIS NOV WAS ISSUED ON JULY 28, 1988. ON AUGUST 10, 1988, REGION 9 ISSUED A SECOND INFOR- MATION DEMAND WAS ISSUED TO DETERMINE WHETHER TABC CONTINUED TO VIOLATE RULE 1115 MORE THAN 30 DAYS AFTER RECEIVING THE NOV. IN ADDITION, REGION 9 INSPECTORS TOOK COATINGS SAMPLES AT THE PLANT ON SEPTEMBER 19, 1988. BOTH TABC'S RESPONSE TO THE AUGUST INFORMATION DEMAND AND ANALYSIS OF THE SAMPLES TAKEN BY REGION 9 INSPECTORS SHOWED THAT TABC HAS CONTINUED TO VIOLATE RULE 1115 MORE THAN 30 DAYS AFTER IT RECEIVED THE NOV. ON SEPTEMBER 15, 1988, REPRESENTATIVES FROM TABC MET WITH REPRESENTATIVES FROM REGION 9 TO DISCUSS TABC'S VIOLATIONS AT THE PLANT. IN THESE DISCUSSIONS, THE TABC REPRESENTATIVES INDICATED THAT TABC HAS BEEN USING NON- COMPLYING COATINGS AT THE PLANT AT LEAST AS EARLY AS JAN- UARY 1, 1985. THIS CASE INVOLVES VIOLATIONS OF THE APPLICABLE SIP FOR THE STATE OF CALIFORNIA. SECTION 110 OF THE ACT, 42 U.S.C SECTION 7410, REQUIRES, AMONG OTHER THINGS, THAT EACH STATE ADOPT AND SUBMIT TO THE ADMINISTRATOR OF EPA A SIP FOR THE IMPLEMENTATION, AMINTENANCE, AND ENFORCEMENT OF THE NATIONAL AMBIENT AIR QUALITY STANDARDS ( NAAQS ) FOR EACH AIR QUALITY DISTRICT IN THE STATE. THE SIP MUST INCLUDE EMISSIONS LIMITATIONS, SCHEDULES, AND TIMETABLES FOR COMPLIANCE WITH S SUCH LIMITATIONS, AND OTHER MEASURES AS MAY BE NECESSARY TO ENSURE ATTAINMENT AND MAINTENANCE OF THE NAAQS. TABC HAS VIOLATED THE AUTOMOTIVE PARTS COATING RULE IN THE SCAQMD BY APPLYING COATINGS WITH A VOC CONTENT IN EXCESS OF THE APPLICABLE LIMITS. SCAQMD RULE 1115 WAS APPROVED BY EPA FOR INCLUSION IN THE CALIFORNIA SIP AND IS THEREFORE FEDERALLY ENFORECABLE. SECTION 113(B) OF THEACT, 42 U.S.C. SECTION 7413(B), AUTHORIZES EPA TO COMMENCE A CIVIL ACTION, SEEKING INJUNCTIVE RELIEF AND/OR CIVIL PENAL- TIES, IF ANY PERSON VIOLATES A SIP RULE PROMULGATED PURSUANT TO SECTION 110.

Defendants (1)

• TABS, INC.Named in complaintNamed in settlement

Facilities (2)

• TABC INCORPORATED

  6375 PARAMOUNT BOULEVARD, LONG BEACH, CA, 90805

  Registry ID: 110000476342

• TABC INCORPORATED

  6375 PARAMOUNT BOULEVARD, LONG BEACH, CA, 90805

  Registry ID: 110000476342

Statutes cited

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

Enforcement conclusions (1)

• TABC, INC.entered 1994-06-21

  Primary law: CAA

  Federal penalty: $485,000

Timeline (9 milestones)

• 1987-05-19Enforcement Action Data Entered
• 1988-09-30Referred To Dept Of Justice
• 1988-12-27Returned To Region
• 1994-04-07Complaint Filed With Court
• 1994-04-07Rereferred
• 1994-06-21Final Order Lodged
• 1994-06-21Final Order Entered
• 1994-06-21Concluded
• 1996-03-26Enforcement Action Closed