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In July 1984, Vanguard Corporation began operating a metal furniture manufacturing plant in Brooklyn, New York. The plant is located in an area that has not attained the national ambient air quality standards for ozone. The plant is a major stationary source (i.e., has the potential to emit more than 100 tons a year) of volatile organic compounds that contribute to the production of ozone in the atmosphere. The New York state implementation plan (SIP) requires that metalcoating facilities use paint that contains less than three pounds of organic solvent (minus water) per gallon at the time of coating. On August 24, 1984, EPA notified Vanguard that it was not in compliance with the SIP provision concerning coatings and issued it a notice of violation. Vanguard sought to defend against the notice of violation on the grounds that it had used its best faith efforts to comply but that full compliance was technologically and economically infeasible. It indicated that it wanted 18 more months to come into compliance. Should Vanguard be held to be in violation of the Clean Air Act?

In July 1984, Vanguard Corporation began operating a metal furniture manufacturing plant in Brooklyn, New York. The plant is located in an area that has not attained the national ambient air quality standards for ozone. The plant is a major stationary source (i.e., has the potential to emit more than 100 tons a year) of volatile organic compounds that contribute to the production of ozone in the atmosphere. The New York state implementation plan (SIP) requires that metalcoating facilities use paint that contains less than three pounds of organic solvent (minus water) per gallon at the time of coating. On August 24, 1984, EPA notified Vanguard that it was not in compliance with the SIP provision concerning coatings and issued it a notice of violation. Vanguard sought to defend against the notice of violation on the grounds that it had used its best faith efforts to comply but that full compliance was technologically and economically infeasible. It indicated that it wanted 18 more months to come into compliance. Should Vanguard be held to be in violation of the Clean Air Act?

 

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