EPA v. PROCTER AND GAMBLE MANUFACTURING CO., THE

Case summary

THE PROCTER AND GAMBLE MANUFACTURING COMPANY OWNS AND OPERATES A MANUFACTURING FACILITY IN SACRAMENTO, CALIFORNIA. AT THE FACILITY, P&G OPERATES A HYDROGENATION FOR METHYL ESTERS OF COCONUT OIL. DURING THE HFA PROCESS, METHANOL, WHICH IS A VOLATILE ORGANIC COMPOUND, IS EMITTED TO THE ATMOSPHERE. VOCS ARE A PRECURSOR TO GROUND LEVEL OZONE. ON MAY 11, 1982, P&G APPLIED FOR AN ATC TO THE SMAQMD TO MAKE NUMEROUS MODIFICATIONS AT THE FACILITY, INCLUDING INSTALLATION OF A SOUTH CENTRIFUGE TO BE USED IN THE HFA PROCESS. IN ITS ATC APPLICATION, P&G ESTIMATED THAT TOTAL METHANOL EMISSIONS FROM THE FACILITY WOULD DECREASE BY 4,282 LB/YR. ON JUNE 22, 1982, SMAQMD ISSUED A 1-PAGE ATC TO P&G FOR THE MODIFICATIONS REQUESTED IN P&G'S ATC APPLICATION. THE ATC CONTAINED NO EMISSION LIMITS, AND DID NOT REQUIRE P&G TO INSTALL EQUIPMENT THAT COMPLIED WITH BACT. P&G COMMENCED CONSTRUCTION OF THE SOUTH CENTRIFUGE IN JUNE 1982, AND BEGAN OPERATION OF THE SOUTH CENTRIFUGE IN AUGUST 1983. IN 1990, P&G ENTERED INTO A CONTRACT WITH THE MIDWEST RESEARCH INSTITUTE WHICH PROCEEDED TO CONDUCT A STUDY OF ROC EMISSIONS FROM P&G'S FACILITY IN AUGUST 1990. MRI PREPARED A REPORT IN OCTOBER 1990 THAT IDENTIFIED THE CENTRIFUGE VENT TANKS AS SIGNIFICANT SOURCES OF METHANOL EMISSIONS. MRI ESTIMATED THAT METHANOL EMISSIONS FROM THE SOUTH CENTRIFUGE VENT SEAL TANK TO BE 48 LB/HOUR, AND METHANOL EMISSIONS FROM THE NORTH CENTRIFUGE VENT SEAL TANK TO BE 90 LB/HOUR. IN 1991, P&G INSTALLED A WET SCRUBBER TO CONTROL METHANOL EMISSIONS FROM THE CENTRIFUGE VENT SEAL TANKS. P&G COMMENCED OPERATION OF THE WET SCRUBBER IN OCTOBER 1991. P&G DID NOT OBTAIN AN ATC FROM THE SMAQMD FOR INSTALLATION OF THE WET SCRUBBER. EPA HAS DETERMINED THAT P&G VIOLATED SMAQMD RULES 56 AND 202 BY FAILING TO APPLY BACT WHEN ITS MODIFICATIONS RESULTED IN AN ROC EMISSIONS INCREASE IN EXCESS OF 250 LB/DAY. IN ADDITION, P&G VIOLATED SMAQMD RULE 201 BY CONSTRUCTING AND OPERATING THE WET SCRUBBER WITHOUT FIRST OBTAINING THE REQUIRED ATC FROM SMAQMD. THIS CASE IS A DIRECT REFERRAL TO THE DEPARTMENT OF JUSTICE. REGION IX HAS PROPOSED A BOTTOM LINE PENALTY OF $500,200. IN ADDITION, AN ATC FOR THE WET SCRUBBER NEEDS TO BE ISSUED TO ENSURE THAT THE CONTROL EQUIPMENT IS PROPERLY OPERATED AND MAINTAINED.

Defendants (1)

• PROCTER AND GAMBLE MANUFACTURING CO.,Named in complaintNamed in settlement

Facilities (2)

• PROCTOR & GAMBLE MFG CO

  8201 FRUITRIDGE RD, SACRAMENTO, CA, 95826

  Registry ID: 110017423448

• PROCTOR & GAMBLE MFG CO

  8201 FRUITRIDGE RD, SACRAMENTO, CA, 95826

  Registry ID: 110017423448

Statutes cited

• CAA 113 — Clean Air Act
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• PROCTER & GAMBLE MANUFACTURINGentered 1996-04-16

  Primary law: CAA

  Federal penalty: $361,000 · State/local: $20,625

Timeline (7 milestones)

• 1994-06-06Enforcement Action Data Entered
• 1994-09-30Referred To Dept Of Justice
• 1996-03-29Complaint Filed With Court
• 1996-04-16Final Order Lodged
• 1996-04-16Final Order Entered
• 1996-04-16Concluded
• 1996-04-26Enforcement Action Closed