EPA v. Weyerhaeuser (f/k/a Willamette) (Referral)

Case summary

'On September 30, 2002, Region 4 submitted a direct referral to the Dept. of Justice, and concurrently to the Office of Enforcement and Compliance Assurance (OECA), requesting that a claim be added to its proposed civil action against Weyerhaeuser Company. The proposed action, originated by Region 6, involves CAA violations at Weyerhaeuser plywood mills located in Louisiana and Kentucky (58 Wescor Road, Hawesville, KY 42348). Weyerhaeuer is an integrated forest products company, headquartered in Federal Way, Washington. On July 1, 2002, Weyerhaeuser completed its acquisition of Willamette Industries, Inc, including the Hawesville, KY, plywood mill, which is the submit of this Region 4 referral. The company has been operating a wood waste dryer and boiler system at its Hawesville mill in violation of the particulate matter emission limit contained in its operating permit for a number of years. The permit was issued pursuant to Kentucky regulations and the CAA. Since this case is part of the Pulp and Paper Initiative being coordinated by OECA, the action is identified as a Nationally Significant Issue requiring OECA concurrence. 12/22/03 - Referral amended to add 3 additional facilities (Bennettsville, SC and Kingsport, TN). The United States Environmental Protection Agency (EPA) through its national pulp and paper initiative investigated the compliance status of pulp and paper mills across the country with respect to Clean Air Act requirement for Prevention of Significant Deterioration (PSD) and New Source Performance Standards (NSPS). EPA, Region 4 investigated three of the four Weyerhaeuser mills located in the eight southeastern states, including the mills located in Bennettsville, South Carolina, Hawesville; Kentucky, and Kingsport, Tennessee. EPA Region 4 recommends to the U.S. Department of Justice (DOJ) that DOJ add four Clean Air Act (CAA or the Act), 42 U.S.C. ???? 7401 et. seq., chlorofluorcarbon (CFC) violations to its ongoing Region 4/Region 6 case against Weyerhaeuser Company, formerly known as Willamette Industries, Inc., (the Company). These violations were discovered at the pulp and paper mills located in Bennettsville, South Carolina; Hawesville, Kentucky; and Kingsport, Tennessee. It is recommended that DOJ add civil claims pursuant to Section 113(b) of the Act, 42 U.S.C. ?? 7413(b), for civil penalties involving four additional violations of the CAA and the regulations promulgated thereunder committed by Weyerhaeuser. More specifically, Region 4 alleges that the Company failed to timely file recovery equipment certification forms for its Bennettsville, South Carolina facility, in violation of 40 CFR ?? 82.162(a); failed to timely repair two equipment leaks that exceeded the 15 percent leak rate at its Hawesville, Kentucky facility, in violation of 40 CFR ?? 82.156(i)(5); and failed to timely file recovery equipment certification forms for its Kingsport, Tennessee facility, in violation of 40 CFR ?? 82.162(a). The Company corrected each of the violations following its receipt of a CAA Section 114 information request letter from Region 4. Therefore, penalties are appropriate, though injunctive relief is not necessary...

Defendants (1)

• Weyerhaeuser CompanyNamed in complaintNamed in settlement

Facilities (6)

• DOMTAR PAPER COMPANY, LLC

  100 CLINCHFIELD STREET, KINGSPORT, TN, 37660

  Registry ID: 110000372329

• WEYERHAEUSER - HAWESVILLE MILL

  KENTUCKY HWY. 1406, HAWESVILLE, KY, 42348

  Registry ID: 110028118329

• DOMTAR PAPER COMPANY, LLC

  100 CLINCHFIELD STREET, KINGSPORT, TN, 37660

  Registry ID: 110000372329

• DOMTAR PAPER COMPANY, LLC

  100 CLINCHFIELD STREET, KINGSPORT, TN, 37660

  Registry ID: 110000372329

• DOMTAR PAPER COMPANY, LLC

  100 CLINCHFIELD STREET, KINGSPORT, TN, 37660

  Registry ID: 110000372329

• DOMTAR PAPER COMPANY LLC

  585 WILLAMETTE RD, BENNETTSVILLE, SC, 29512

  Registry ID: 110000587464

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• Weyerhaeuser (f/k/a Willamette)entered 2006-09-21

  Primary law: CAA

  Federal penalty: $142,000

Timeline (8 milestones)

• 2002-09-30Referred To Dept Of Justice
• 2002-10-05Enforcement Action Data Entered
• 2003-12-22Supplemental Referral-Adding parties, counts
• 2006-05-25Complaint Filed With Court
• 2006-09-21Concluded
• 2006-09-21Final Order Entered
• 2006-09-21Final Order Lodged
• 2008-01-10Enforcement Action Closed