EPA v. BOWATER, INC.

Case summary

In 1988 Bowater undertook modifications to its power boilers numbered 1, 2, and 3, which would have required a Prevention of Significant Deterioration (PSD) permit. Instead, Bowater took emission limits to avoid the application of PSD in its permit No. 997215F issued on January 13, 1989, for sulfur dioxide (SO2) and nitrogen oxides (NOx) at the Bowater facility located in Calhoun, Tennessee. However, the limits for SO2 and NOx in this permit did not represent appropriate limits such that PSD would be avoided. EPA and Bowater have agreed to resolve this issue by changing the emission limits in Bowater's title V permit. The SO2 emissions will be reduced to 4,562 tons per year from 18,803.3 tons per year, and the NOX emission will be reduced to 2,214 tons per year from 3,189 tons per year. In addition, Bowater is subject to the pulp and paper MACT requirements of 40 C.F.R. Part 63 Subpart S. In letters dated July 16, 2001, and November 21, 2001, Bowater provided a condensate collection calculation methodology, and indicated that due to process variability that a 21-day averaging period would be necessary to ensure compliance with the condensate collection requirement of 11.1 pounds of methanol per oven dried ton of pulp 63.446(c)(3). EPA had concerns with Bowater’s condensate collection calculation methodology. EPA and Bowater have agreed to resolve this issue by revising the methodology to ensure only kraft pulping process condensates that are actually collected in the daily records to demonstrate the appropriate amount of methanol and other HAPs have been collected. On April 16, 2009, Bowater filed for relief under chapter 11 of title 11 of the United States Code. The Bankruptcy Court approved the proposed consent decree, and the Bankruptcy Order was finalized on August 13, 2009. The agreed civil penalty amount was determined to be $ 30,000.

Defendants (1)

• BOWATER, INC.Named in complaintNamed in settlement

Facilities (4)

• RESOLUTE FB US, INC.

  5020 HIGHWAY 11 SOUTH, CALHOUN, TN, 373095249

  Registry ID: 110056955157

• RESOLUTE FB US, INC.

  5020 HIGHWAY 11 SOUTH, CALHOUN, TN, 373095249

  Registry ID: 110056955157

• RESOLUTE FB US, INC.

  5020 HIGHWAY 11 SOUTH, CALHOUN, TN, 373095249

  Registry ID: 110056955157

• RESOLUTE FB US, INC.

  5020 HIGHWAY 11 SOUTH, CALHOUN, TN, 373095249

  Registry ID: 110056955157

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• BOWATER, INC. (04-2010-C009)entered 2010-01-11

  Primary law: CAA

  Federal penalty: $30,000

Timeline (7 milestones)

• 2006-04-26Referred To Dept Of Justice
• 2006-04-27Enforcement Action Data Entered
• 2009-08-25Final Order Lodged
• 2009-08-25Complaint Filed With Court
• 2010-01-11Final Order Entered
• 2010-01-11Concluded
• 2012-09-20Enforcement Action Closed