EPA v. LOUISIANA-PACIFIC CORPORATION (JACKSON CO. GEORGIA)

Case summary

THIS MINI-LITIGATION REPORT WAS SENT TO HQ ON 01/31/92 AS PART OF A NATIONAL ACTION AGAINST LOUISIANA-PACIFIC COR- PORATION (LPC). THE MULTI-FACILITY CIVIL ENFORCEMENT ACTION AGAINST LPC WAS BROUGHT FOR CLEAN AIR ACT (CAA) VIOLATIONS AT NINE LPC FACILITIES NATION-WIDE. HQ REFERRED THE ENTIRE PACKAGE TO DOJ ON AUGUST 27, 1992, TO BE FILED AS A SINGLE NATIONAL CASE GIVEN LPC'S CORPORATE PATTERN OF NONCOMPLIANCE WITH PSD REGULATIONS. LPC'S JACKSON COUNTY, GEORGIA PLANT IS AN ORIENTED STAND BOARD FACILITY WHICH WAS CONSTRUCTED IN 1988 WITHOUT A PREVENTION OF SIGNIFICANT DETERIORATION (PSD) PERMIT IN VIOLATION OF GEORGIA'S STATE IMPLEMENTATION PLAN (SIP), 40 C.F.R. SECTION 52.21, AND SECTION 165(A) OF THE CAA. STACK TESTS CONDUCTED IN 1990 DEMONSTRATED THAT THE FACILITY HAD THE POTENTIAL TO EMIT APPROX. 1000 TONS PER YEAR (TPY) OF VOCS AND OVER 250 TPY OF PARTICULATE MATTER, EVEN WHEN OPERATED ACCORDING TO OPERATING PERMIT RESTRICTION LPC SUBMITTED ITS PSD APPLICATION TO THE STATE IN JULY 1990, BUT GEORGIA HAS YET TO ISSUE A PSD PERMIT FOR THIS JACKSON COUNTY FACILITY. UNDER A CONSENT ORDER WITH THE STATE, LPC HAS INSTALLED CONTROL EQUIPMENT AT THE JACKSON COUNTY PLANT AND HAS PAID A TOTAL OF $366,984 IN PENALTIES TO THE STATE. A NATIONAL NOTICE OF VIOLATION, WHICH INCLUDED THE JACKSON COUNTY FACILITY'S VIOLATIONS WAS ISSUED BY HQ ON JULY 31, 1992. THE CALCULATED ECONOMIC BENIFIT FOR THESE VIOLATIONS AT THE JACKSON COUNTY FACILITY IS $8,639,000. THE GRAVITY COMPONENT IS $1,210,000 (LESS AMOUNT PAID TO GEORGIA = $366,984).

Defendants (1)

• LOUISIANA-PACIFIC CORPORATIONNamed in complaint

Facilities (1)

• LOUISIANA PACIFIC FAC

  3075 COMMERCE RD, ATHENS, GA, 30607

  Registry ID: 110010719785

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Timeline (6 milestones)

• 1991-12-01Enforcement Action Data Entered
• 1992-01-31Referred To Headquarters
• 1992-08-27Referred To Dept Of Justice
• 1993-05-24Complaint Filed With Court
• 1993-09-30Concluded
• 1993-09-30Enforcement Action Closed