EPA v. FOX PAPER INC

Case summary

THE FOX PAPER DIVISION OF ERVING PAPER MILLS OPERATES TWO BOILERS FOR SPACE HEATING AND FOR THE DRYING PHASE OF ITS PAPERMAKING PROCESS. WITHOUT CONTROLS, NEITHER BOILER COULD MEET THE REQUIREMENTS OF THE AP3-11, THE APPLICABLE SECTION OF THE OHIO STATE IMPLEMENTATION PLAN FOR TOTAL SUSPENDED PARTICULATES (TSP). IN ABSENCE OF CONTROLS, ERVING PAPER IS A MAJOR SOURCE. PURSUANT TO A STATE-ISSUED DELAYED COMPLIANCE ORDER (DCO), ERVING INSTALLED AN ELECTROSTATIC PRECIPITATOR ON ONE BOILER AND MULTICLONES ON THE OTHER. THE DCO WAS APPROVED BY THE U.S. EPA AND REQUIRED COMPLIANCE WITH AP-3-11 BY JULY 1, 1979. THE BOILER ASSOCIATED WITH THE MULTICLONES HAS NOT COME INTO COMPLIANCE. THEREFORE, OPERATION OF THAT UNIT VIOLATES THE DCO AS WELL AS AP-3-11. ERVING'S EFFORTS TO- WARD RESOLUTION OF THE PROBLEM HAVE FOCUSED AN ATTEMPT TO ACQUIRE A VARIANCE WHICH WOULD ALLOW THE COMPANY TO AVERAGE THE EMISSION FROM THE TWO BOILERS. OHIO EPA HAS GRANTED THE VARIANCE AT THE STATE LEVEL, EFFECTIVE ON APPROVAL BY U.S. EPA. THE STATE HAS SUBMITTED THE VARIANCE AS A PROPOSED SIP REVISION, BUT IT HAS BEEN LEARNED FROM REGION V REGULATORY PERSONNEL THAT A RECOMMENDATION TO DENY THE REVISION WILL BE MADE. IN ANY EVENT, IT WAS EXPLAINED TO ERVING THAT REGULA- TORY ACTION CANNOT RESOLVE THE ENFORCEMENT CASE. TO REMEDY THE VIOLATIONS, U.S. EPA SEEKS AN INJUNCTION TO FORCE ERVING TO COMPLY WITH THE SIP. PENALTIES IN THE AMOUNT OF $25,000 PER DAY FOR PAST AND CONTINUING VIOLATIONS OF THE ACT WILL BE SOUGHT.

Defendants (1)

• FOX PAPERNamed in complaintNamed in settlement

Facilities (1)

• FOX PAPER INC

  LOCK ST AND COOPER AVE, LOCKLAND, OH, 45215

  Registry ID: 110007706946

Statutes cited

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

Enforcement conclusions (1)

• FOX PAPER, INC.entered 1985-09-03

  Primary law: CAA

  Federal penalty: $30,000

Timeline (7 milestones)

• 1984-03-30Referred To Headquarters
• 1984-04-25Referred To Dept Of Justice
• 1984-08-07Complaint Filed With Court
• 1985-09-03Final Order Lodged
• 1985-09-03Final Order Entered
• 1985-09-03Concluded
• 1988-03-04Enforcement Action Closed