EPA v. BOISE CASCADE CORP LEWIS MILL

Case summary

BOISE CASCADE (BC) OPERATES A NUMBER OF BOILERS AT ITS LEWIS MILL IN BEAVER FALLS, NY. EPA ISSUED A NOTICE OF VIOLATION TO BC ON 5/20/80 PURSUANT TO 113(A)(1) OF THE CLEAN AIR ACT (CAA) ALLEGING THAT VISIBLE EMISSIONS HAD BEEN OBSERVED EMANATING FROM THE STACK AT LEWIS MILL, THE OPACITY OF WHICH EXCEEDED THE PERMISSIBLE LIMITS IN 6 NYCRR 227.4. STACK TEST PERFORMED FOR BC ON 10/23-25/80 TO MEASURE AMOUNT OF PARTICULATE EMISSIONS EMANATING FROM THE LEWIS MILL, REVEALED THAT SUCH EMISSIONS EXCEEDED THE APPLICABLE LIMITS FOR PARTICULATES SET FORTH IN 6 NYCRR 227.3. EPA ISSUED A NOTICE OF NONCOMPLIANCE ON 1/2/81 PURSUANT TO 120 OF THE CAA. PARTIES ENTERED A CONSENT DECREE DATED 1/21/82 BY WHICH BC AGREED TO PAY A NON- COMPLIANCE PENALTY OF $40,000 AND TO CONDUCT A COMPLIANCE PROGRAM TO ACHIEVE COMPLIANCE BY 1/15/83. CONTEMPT ACTION - THIS IS A CIVIL ACTION CONCERNING VIOLATIONS OF A CONSENT DECREE BY BOISE CASCADE CORP. OF BEAVER FALLS, NY. BC HAS NEVER MET THE APPLICABLE EMISSION LIMITATIONS PURSUANT TO THE CD ENTERED IN CIVIL ACTION NO. 81-CV-1242. VISIBLE EMISSION EVALUATIONS CONDUCTED AT LEWIS MILL IN AUGUST 1984, AUGUST 1986, AND MARCH 1987 DEMONSTRATE CONTINUING OPACITY VIOLATIONS. PROPOSED RELIEF SOUGHT: A) ORDER AND COMPLIANCE SCHEDULE REQUIRING BC TO COMPLY WITH 6 NYCRR 227.4; AND B) CIVIL PENALTY OF $75,000. THIS AMOUNT IS BASED ON AN ASSESSMENT OF ALL STIPULATED PENALTIES CONTAINED IN THE CD AND ADDITIONAL CLEAN AIR ACT PENALTIES.

Defendants (1)

• BOISE CASCADE CORP LEWIS MILLNamed in complaintNamed in settlement

Facilities (2)

• INTERFACE SOLUTIONS INC

  MAIN ST & RTE 812 - LEWIS PLT, BEAVER FALLS, NY, 13305

  Registry ID: 110014425069

• INTERFACE SOLUTIONS INC

  MAIN ST & RTE 812 - LEWIS PLT, BEAVER FALLS, NY, 13305

  Registry ID: 110014425069

Statutes cited

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

Enforcement conclusions (1)

• BOISE CASCADE CORPentered 1982-01-21

  Primary law: CAA

  Federal penalty: $40,000

Timeline (9 milestones)

• 1981-01-01Referred To Headquarters
• 1981-03-30Referred To Dept Of Justice
• 1981-11-13Referred TO U.S. Attorney
• 1981-11-13Complaint Filed With Court
• 1982-01-21Final Order Entered
• 1982-01-21Concluded
• 1982-01-21Final Order Lodged
• 1986-08-28Enforcement Action Data Entered
• 1989-02-06Enforcement Action Closed