5/2/05 - ADMINISTRATIVE ORDER ISSUED.
FINDINGS: SECTION 108(e) OF THE CAA AND THE REGULATIONS PROMULGATED THEREUNDER AT 40 CFR PART 59, SUBPART D, REQUIRE THAT MANUFACTURERS AND IMPORTERS OF ARCHITECTURAL COATINGS SUBJECT TO THIS SUBPART ENSURE THAT THE VOC CONTENT OF THE COATING DOES NOT EXCEED THE APPLICABLE LIMITS DESCRIBED IN 40 CFR 59.402.
IF THE VOC CONTENT IS EXCEEDED IN AN ARCHITECTURAL COATING, FEDERAL REGULATIONS PROVIDE TWO OPTIONS FOR COMPLIANCE WITH THE REQUIREMENTS. ONE OPTION REQUIRES THAT THE MANUFACTURER OR IMPORTER PAY THE EXCEEDANCE FEE BY MARCH 1 FOLLOWING THE CALENDAR YEAR IN WHICH THE COATING IS MANUFACTURED OR IMPORTED. ADDITIONAL NOTIFICATION TO EPA IS ALSO REQUIRED AS PART OF UTILITIZING THE FEE EXCEEDENCE PROVISIONS. A SECOND OPTION ALLOWS THE MANUFACTURER OR IMPORTER TO SEEK A TONNAGE EXEMPTION, IN ACCORDANCE WITH 40 CFR 59.404.
UPON INFORMATION AND BELIEF, RESPONDENT MANUFACTURED AND/OR IMPORTED ARCHITECTURAL COATINGS WITH VOC CONTENT IN EXCESS OF THE LIMITS DESCRIBED IN FEDERAL REGULATIONS.
ON FEBRUARY 4, 2005, CSI CONTACTED EPA REGION 4 AIR ENFORCEMENT BRANCH AND REQUESTED THE PAYMENT SCHEDULE DESCRIBED IN THIS ORDER SO THE COMPANY COULD PAY THE EXCEEDANCE FEE DESCRIBED IN 40 CFR 59.403 OVER TIME.
CSI HAS FAILED TO PAY ITS EXCEEDANCE FEE SINCE MARCH 1, 2005.
ORDER: RESPONDENT IS TO MAKE 12 EQUAL PAYMENTS OF $1,610.57 WHICH ARE TO BEGIN WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS ORDER AND CONTINUING AT 30-DAY INTERVA