EPA v. JELD-WEN (NATIONAL CASE)

Case summary

THIS CASE BEGAN WHEN JELD-WEN APPROACHED EPA BECAUSE IT WOULD BE UNABLE TO COMPLY WITH THE PLYWOOD COMPOSITE MACT. EPA HAD ESTABLISHED A LOW RISK CATEGORY FOR CERTAIN PLYWOOD COMPOSITE MANUFACTURERS. DUE TO A CHALLENGE BY THE SIERRA CLUB, THE D.C. CIRCUIT COURT OVERRULED THIS CATEGORY. JELD-WEN WOULD HAVE BEEN ABLE TO MEET THIS CATEGORY. THEREFORE, IT HAD A SHORT TIME WITH WHICH TO COME INTO COMPLIANCE WITH THIS MACT. EPA WILL ENTER INTO A CD WITH JELD-WENT AND WILL ESTABLISH A SCHEDULE IN WHICH THEY MUST COMPLY WITH THE MACT. (REGIONS 10, 3, 7, AND 4. CASE WILL MOST LIKELY BE FILED IN OREGON. REGION 10 IS THE LEAD.) These violations occurred at four manufacturing facilities located in West Virginia, North Carolina, Iowa, and Washington. The proposed complaint also alleges violations of the New Source Review requirements at one facility in White Swan, Washington. The proposed settlement resolves all of these claims by allowing JELD-WEN to propose innovative compliance techniques to achieve compliance with Subpart DDDD through pollution prevention rather than the installation of control technologies. In addition, it requires JELD-WEN to obtain emission reductions to offset their illegal emissions. Finally, it requires JELD-WEN to obtain a new source review permit and pay a total civil penalty of $850,000. Of this sum, the United States will receive $531,250 and each state that jointed the Consent Decree (Iowa, North Carolina, and West Virginia) will receive $106,250. On April 13, 2011, a Complaint and proposed Consent Decree was filed with the United States District Court for the District of Oregon. The proposed settlement, entered into by the United States, the States of North Carolina, West Virginia and Iowa, and JELD-WEN, Incorporated, resolves claims alleged by the United States and the States against the JELD-WEN for civil penalties and injunctive relief pursuant to the Clean Air Act, 42 U.S.C. 7412, 7413. Under the terms of the Consent Decree, JELD-WEN will pay the United States and the States a combined civil penalty of $850,000 for excessive emissions of hazardous air pollutants from four door skins manufacturing plants located in the States of North Carolina, Washington, Iowa and West Virginia. Additionally, the company will undertake projects to offset its excess emissions, study and install process changes or controls to eliminate excess emissions, and comply with interim emission limits. 8/3/11 - Consent Decree entered.

Defendants (1)

• JELD-WENNamed in complaintNamed in settlement

Facilities (2)

• JELD-WEN, INC. ** INACTIVE **

  100 HENRY MCCALL ROAD, MARION, NC, 28752

  Registry ID: 110009716058

• JELD-WEN, INC. ** INACTIVE **

  100 HENRY MCCALL ROAD, MARION, NC, 28752

  Registry ID: 110009716058

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• JELD-WEN (NATIONAL CASE) (04-2011-C021)entered 2011-08-04

  Primary law: CAA

  Federal penalty: $106,250 · State/local: $106,250

Timeline (8 milestones)

• 2009-09-04Referred To Dept Of Justice
• 2009-09-11Enforcement Action Data Entered
• 2011-04-13Final Order Lodged
• 2011-04-13Complaint Filed With Court
• 2011-08-04Concluded
• 2011-08-04Final Order Entered
• 2015-11-04Enforcement Action Closed
• 2015-11-04Air Resolved