EPA v. CAPITAL CABINET CORPORATION

Case summary

This is a Civil Judicial Referral against Capital Cabinet Corporation for violating the Clean Air Act, the Nevada State Implementation Plan, and the National Emission Standards for Hazardous Air Pollutants for Wood Furniture Manufacturing Operations, 40 C.F.R. Part 63, Subpart JJ. Capital uses coatings, thinners, and glues containing volatile organic compounds (VOCs) and hazardous air pollutants (HAPs), which are emitted directly to the atmosphere through stack vents at the facility. VOCs are a precursor to the formation of ground-level ozone and HAPs can cause can cause reversible or irreversible toxic effects following exposure. Region 9 is seeking a civil penalty and injunctive relief requiring Capital to either install Lowest Achievable Emission Rate (LAER) controls or to switch to the exclusive use of ultra-low VOC coatings, and to accept permit provisions requiring either the operation of LAER controls or the exclusive use of ultra-low VOC coatings. EPA will seek the statutory maximum of $27,500 per day per violation if the case is not settled. On January 8, 2001, we sent a supplemental [amended] referral to Department of Justice, requesting DOJ to add a count to the complaint for Capital's violation of EPCRA section 313. Capital used approximately 14,000 pounds of toluene in 1996 but did not submit a Form R report for toluene until December 5, 2000. The deadline for submitting a Form R report for calendar year 1996 was July 1, 1997. EPA will seek the statutory maximum of $27,500 per day per violation if the case is not settled

Defendants (1)

• CAPITAL CABINET CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• CAPITAL CABINET CORP.

  3645 LOSEE RD, NORTH LAS VEGAS, NV, 89030

  Registry ID: 110000472738

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• CAPITAL CABINET CONSENT DECREEentered 2003-11-07

  Primary law: CAA

  Federal penalty: $142,000

Timeline (8 milestones)

• 2000-09-29Referred To Dept Of Justice
• 2000-10-25Enforcement Action Data Entered
• 2001-01-08Supplemental Referral-Other
• 2003-09-16Final Order Lodged
• 2003-09-16Complaint Filed With Court
• 2003-11-07Final Order Entered
• 2003-11-07Concluded
• 2008-03-18Enforcement Action Closed