# BORDEN INC - LYONS
> **Judicial** · FY1982 · — · Final Order With Penalty
## Case
- **Activity ID:** `1863`
- **Case Number:** 02-1982-0054
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $20K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- BORDEN INC - LYONS (complaint) (settlement)
## Summary

NATURE OF THE CASE                                        BORDEN OPERATES A PLANT IN LYONS, NY, WHICH MANUFACTURES   THREE-PIECE METAL CANS.  THE FACILITY IS LOCATED IN AN AREA  WHICH DOESN NOT ATTAIN THE PRIMARY AMBIENT STANDARD FOR      OZONE AND WHICH HAS AN ATTAINMENT DEADLINE OF 12/31/82. THIS SOURCE IS THEREFORE SUBJECT TO THE ENFORCEMENT POLICY ON     9/20/83.                                                          CAUSE OF ACTION                                           THE NY STATE IMPLEMETATION PLAN (SIP) REQUIRES AN OWNER OR OPERATOR OF PROCESSES INVOLVING COIL COATING LINES TO SUBMIT A CONTROL PLAN TO THE STATE BY 1/1/80, AND TO ACHIEVE        COMPLIANCE BY 7/1/80 WITH A LIMITATION OF 2.6 LBS OF VOLA-   TILE ORGANIC COMPOUND (VOC) PER GALLON OF COATING APPLIED.   THE COATINGS CURRENTLY USED AT THE PLANT HAVE AN AVERAGE VOC CONTENT OF 4.9 LBS PER GALLON.                                    PROPOSED REMEDY                                           BORDEN IS CURRENTLY SUBJECT TO A STATE ADMINISTRATIVE      ORDER WHICH REQUIRES BORDEN TO REDUCE ITS EMISSIONS FROM A   CURRENT LEVEL OF 127 TONS/YEARS TO A LEVEL BELOW 100 TONS/YR THE THRESHOLD FOR APPLICABILITY OF THE REGS, BY 1/1/84.  EPA IS SEEKING TO PLACE THE SOURCE ON A FEDERAL COMPLIANCE       SCHEDULE PARALLEL TO THE STATE SCHEDULE AND SUBJECT TO       STIPULATED PENALTIES FOR FAILURE TO MEET IT.  ADDITIONALLY,  EPA IS SEEKING A CIVIL PENALTY OF AT LEAST $15K TO $30K.          ISSUES OF NATIONAL OR PRECEDENTIAL S

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*