EPA v. LOUISIANA PACIFIC CORP.

Case summary

THE REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DET- ERIORATION OF AIR QUALITY (PSD) 40 CFR 52.21 WERE PROMULGATD BY THE ADMINISTRATOR ON JUNE 9, 1978, AT FED REG 26403. THESE REGULATIONS ARE APPLICABLE TO THE CONSTRUCTION OF MAJOR STATIONARY SOURCES OF AIR POLLUTION AS DEFINED AT 40 CFR 52.21(B)(2)(I). ON DECEMBER 20, 1979, U.S. EPA/REG-V ISSUED AN APPROVAL TO CONSTRUCT PURSUANT TO THE PSD REGULATIONS, TO LOUISIANA PACIFIC CORPORATION. THE APPROVAL WAS FOR THE CONSTRUCTION OF A WAFERBOARD PROCESSING PLANT IN HAYWARD, WISCONSIN. THIS PLANT IS KNOWN AS HAYWARD I. HAYWARD I IS A MAJOR SOURCE OF PARTICULATE MATTER. HAYWARD II, AN ADDITIONAL WAFERBOARD PROCESSING PLANT, WAS CONSTRUCTED AND IS OPERATED BY LOUISIANA PACIFIC COR- PORATION IN HAYWARD, WISCONSIN. HAYWARD II IS A MAJOR MOD- IFICATION TO A MAJOR SOURCE WHICH SIGNIFICANTLY INCREASES THE EMISSION OF PARTICULATE MATTER AND VOLATILE ORGANIC COM- POUNDS FROM THE LOUISIANA PACIFIC CORPORATION'S HAYWARD FACILITY. HAYWARD II IS SUBJECT TO THE REQUIREMENTS OF PSD INCLUDING THE REQUIREMENT TO OBTAIN AN APPROVAL TO CONSTRUCT PRIOR TO THE COMMENCEMENT OF CONSTRUCTION. LOUISIANA PACIFIC CORPORATION HAS NOT OBTAINED A PSD APPROVAL TO CONSTRUCT FROM U.S. EPA/REG-V FOR HAYWARD II. THE APPROVAL TO CONSTRUCT FOR HAYWARD I LIMITS THE EMISSION OF PARTICULATE MATTER FROM THE WAFERBOARD PROCESSING OPER- ATION. LOUISIANA PACIFIC IS IN VIOLATION OF THESE PARTICUL- ATE MATTER LIMITATIONS. BECAUSE THE CORPORATION IS OPERATING A MAJOR STATIONARY SOURCE IN VIOLATION OF PSD REGULATIONS AS HEREIN OUTLINED, SECTION 120 AUTHORIZES THE ADMINISTRATOR TO RECOUP THE ECON- OMIC BENEFITS OF NONCOMPLIANCE.

Defendants (1)

• LOUISIANA PACIFIC CORP.Named in complaintNamed in settlement

Facilities (4)

• LOUISIANA PACIFIC CORP

  RTE 8 GEHRTS RD, HAYWARD, WI, 54843

  Registry ID: 110000594296

• LOUISIANA PACIFIC CORP

  RTE 8 GEHRTS RD, HAYWARD, WI, 54843

  Registry ID: 110000594296

• LOUISIANA PACIFIC CORP

  RTE 8 GEHRTS RD, HAYWARD, WI, 54843

  Registry ID: 110000594296

• LOUISIANA PACIFIC CORP

  RTE 8 GEHRTS RD, HAYWARD, WI, 54843

  Registry ID: 110000594296

Statutes cited

• CAA PARTC — Prevention of Significant Deterioration of Air Quality

Enforcement conclusions (1)

• LOUISIANA PACIFIC CORP.entered 1988-02-01

  Primary law: CAA

  Federal penalty: $120,000

Timeline (5 milestones)

• 1986-09-29Enforcement Action Data Entered
• 1986-09-29Complaint Filed/Proposed Order
• 1987-12-28Administrative Hearing
• 1988-02-01Final Order Issued
• 1988-02-01Enforcement Action Closed