EPA v. LOUISIANA-PACIFIC CORPORATION_(CLAYTON, ALABAMA)

Case summary

THIS CLAYTON, ALABAMA FACILITY OWNED BY LOUISIANA-PACIFIC CORPORATION(LPC) WAS REFERRED TO HQ IN JULY, 1992, FOLLOWING HQ'S DECISION TO INCLUDE LPC'S MEDIUM DENSITY FIBERBOARD PLANTS IN THE NATIONAL CASE. LPC'S CLAYTON, ALA. MEDIUM DENSITY FIBERBOARD (MDF) FACILITY IS PART OF HQ'S NINE- FACILITY CIVIL ENFORCEMENT ACTION AGAINST LPC. HQ REFERRED THIS CIVIL ENFORCEMENT ACTION TO DOJ ON AUGUST 27, 1992, AND REQUESTED DOJ TO FILE THE ACTION AS A SINGLE NATIONAL CASE GIVEN LPC'S CORPORATE PATTERN OF NONCOMPLIANCE WITH PSD REGULATIONS. THE CLAYTON FACILITY WAS ORIGINALLY BUILT IN 1974 AS A PARTICLEBOARD PLANT, AND HAS BEEN MODIFIED TWICE SINCE THEN. THE FIRST MODIFICATION TOOK PLACE IN 1979 WHEN THE PLANT WAS CONVERTED TO PRODUCE MDF. STACK TESTS CONDUC- TED IN MAY 1992 DEMONSTRATE THAT THE PRODUCTION LINE AT THE FACILITY HAS THE POTENTIAL TO EMIT OVER 250 TONS PER YEAR (TYP) OF PARTICULATE MATTER (PM) AND VOCS. THE PRODUCTION LINE HAD THE SAME POTENTIAL TO EMIT WHEN CONSTRUCTED AND WAS BUILT WITHOUT THE PREREQUISITE PREVENTION OF SIGNIFICANT DETERIORATION (PSD) PERMIT. SIMILARLY, THE SECOND PRODUC- TION LINE HAS THE POTENTIAL TO EMIT GREATER THAN 250 TPY OF PM AND VOCS AND WAS CONSTRUCTED IN 1987 WITHOUT A PSD PERMIT NEITHER LINE HAS A PSD PERMIT AT THIS TIME, AND THUS CON- TINUES TO OPERATE IN VIOLATION OF THE ALABAMA STATE IMPLEM- ENTATION PLAN (SIP) AND SECTION 165(A) OF THE CAA, AND 40 C.F.R. SECTION 52.21. THE CALCULATED ECONOMIC BENIFIT FOR THESE VIOLATIONS IS $9,854,000. THE GRAVITY COMPONENT IS $2,220,000. INJUNCTIVE RELIEF REQUESTED INCLUDES APPLYING FOR A PSD PERMIT AND THE INSTALLATION OF BEST AVAILABLE CONTROL TECHNOLOGY (BACT).

Defendants (1)

• LOUISIANA-PACIFIC CORPORATIONNamed in complaint

Facilities (2)

• LOUISIANA PACIFIC CORPORATION

  140 LOUISIANA-PACIFIC ROAD, CLAYTON, AL, 36016

  Registry ID: 110000366023

• LOUISIANA PACIFIC CORPORATION

  140 LOUISIANA-PACIFIC ROAD, CLAYTON, AL, 36016

  Registry ID: 110000366023

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Timeline (6 milestones)

• 1992-03-01Enforcement Action Data Entered
• 1992-07-15Referred To Headquarters
• 1992-08-27Referred To Dept Of Justice
• 1993-05-24Complaint Filed With Court
• 1993-08-19Concluded
• 1993-08-19Enforcement Action Closed