EPA v. BADGER PAPER MILLS, INC.

Case summary

BADGER PAPER MILLS, INC., IS A MAJOR SOURCE OF SULFUR DIOX- IDE IN VIOLATION OF APPLICABLE WISCONSIN REGULATIONS AP- PROVED AND ENFORCEABLE UNDER THE CLEAN AIR ACT. BACKGROUND AND NATURE OF CASE ON JUNE 25, 1983, WISCONSIN DRR MONITORING VANS RECORD- ED THE FIRST IN A SERIES OF AMBIENT SULFUR DIOXIDE CONCEN- TRATIONS IN PESHTIGO, WISCOONSIN, THAT VIOLATED THE NAACS PRIMARY (HEALTH RELATED) STANDARD. BADGER PAPER MILLS, INC. IS THE ONLY MAJOR SOURCE OF SULFUR DIOXIDE IN PESHTIGO AND ON DECEMBER 13, 1983, REGION V ISSUED A NOTICE OF VIOLATION TO BADGER FOR VIOLATION OF WISCONSIN SIP REGULATION NR 154. 12(1). NR 154.12(1) IS PART OF THE FEDERALLY APPROVED AND ENFORCEABLE WISCONSIN SIP. IT PROHIBITS A SOURCE OF SULFUR DIOXIDE EMISSIONS FROM CONTRIBUTING TO A VIOLATION OF THE NAAQS. BADGER OPERATES A BOILERHOUSE, FOUR DIGESTERS, A SULFURIC ACID PLANT AND AN EVAPORATION PLANT AT THE PULP MILL. EACH OF THESE FACILITIES EMITS SUBSTANTIAL AMOUNTS OF FULFUR DIOXIDE IF NOT PROPERLY CONTROLLED OR OPERATED. CAUSE OF ACTION BADGER'S EMISSIONS OF SULFUR DIOXIDE ARE IN VIOLATION OF THE WISCONSIN SIP AND BECAUSE BADGER IS A MAJOR SOURCE, U.S. EPA IS REQUIRED TO BRING A CIVIL ACTION TO ABATE THE VIOLATIONS AND RECOVER CIVIL PENALTIES UNDER SECTION 113 OF THE CLEAN AIR ACT, 42 U.S.C. 7413. PROPOSED REMEDY IN ORDER TO ACHIEVE COMPLIANCE WITH THE WISCONSIN SIP, BADGER MUST CONTROL EMISSIONS OF SULFUR DIOXIDE FROM THE BOILERHOUSE, DIGESTERS AND EVAPORATION PLANT WITH A COMBIN- ATION OF CONTROL EQUIPMENT AND FUEL LIMITATIONS. EMISSIONS FROM THE ACID PLANT CAN BE CONTROLLED THROUGH OPERATION AND MAINTENANCE PROCEDURES. ISUES OF NATIONAL AND PRECEDENTIAL SIGNIFICANCE WISCONSIN SIP REGULATION NR 154.12(1) IS UNLIKE MOST SIP EMISSION LIMITATIONS IN THAT IT IS BASED ON AMBIENT CONCENTRATION OF SULFUR DIOXIDE. A VIOLATION OF NR 154.12 (1) OCCURS WHEN A SOURCE SUBSTANTIALLY CONTRIBUTES TO THE VIOLATION OF THE NAAOS. THIS IS THE FIRST INSTANCE OF A REGION V REFERRAL BASED UPON AN AMBIENT VIOLATION. IN ADDI- TION, REGION V HAS ONLY RECENTLY ASKED WISCONSIN TO REVISE THEIR SULFUR DIOXIDE SIP SO THAT IT HAS SPECIFIEC EMISSION LIMITS RATHER THAN THE PRESENT AMBIENT IMPOSED LIMITATIONS.

Defendants (1)

• BADGER PAPER MILLS INC.Named in complaintNamed in settlement

Facilities (1)

• BADGER PAPER MILLS INCORPORATED

  200 W. FRONT ST., PESHTIGO, WI, 541570149

  Registry ID: 110001130758

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• BADGER PAPER MILLS, INC.entered 1986-07-14

  Primary law: CAA

  Federal penalty: $25,000 · State/local: $25,000

Timeline (7 milestones)

• 1984-06-29Referred To Dept Of Justice
• 1984-09-17Referred TO U.S. Attorney
• 1984-09-28Complaint Filed With Court
• 1986-07-14Final Order Lodged
• 1986-07-14Final Order Entered
• 1986-07-14Concluded
• 1987-04-01Enforcement Action Closed