EPA v. BOISE CASCADE

Case summary

BOISE CASCADE CORP ( BOISE ) HAS VIOLATED THE REGULATIONS FOR PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY (PSD) 40 CFR 52.21; APPENDIX S OF 40 CFR 51,165, AN EMISSION OFFSET INTERPRETATIVE RULING; AND THE MINNESOTA STATE IMPLE- MENTATION PLAN ( SIP ). THIS REFERRAL IS BASED ON AN INSPECTION CONDUCTED BY USEPA ON OCTOBER 6, 1988, WHICH REVEALED THAT BOISE HAD COMMENCED CONSTRUCTION TO MODIFY AND EXPAND ITS EXISTING PULP AND PA- PER MILL IN INTERNATIONAL FALLS, MINNESOTA, IN VIOLATION OF THE FOLLOWING REGULATIONS REQUIRING PRECONSTRUCTION PERMITS: MINNESOTA RULES 6 MCAR 4.4003, 4.4004, 4.4005, 4.4303, ALL OF WHICH ARE PART OF THE FEDERALLY APPROVED MINNESOTA SIP, 52.21I OF THE PSD REGULATIONS, AND APPENDIX S OF 40 CFR PART 51. BASED UPON EMISSION ESTIMATES PROVIDED BY BOISE THAT ARE THE LEAST FAVORABLE TO THE GOVERNMENT'S CASE, THE MODIFI CATION OF THE FACILITY WILL INCREASE EMISSIONS OF NITROGEN OXIDES BY MORE THAN 40 TONS PER YEAR, MAKING IT A SIGNIFI- CANT MODIFICATION, SUBJECT TO PRECONSTRUCTION REVIEW. IN ADDITION, OUR ASSESSMENT OF THE LATEST EMISSION DATA SUBMIT- TED BY BOISE IS THAT THE MODIFICATION IS ALSO MAJOR FOR PAR- TICULATE MATTER, PM10, SULPHUR DIOXIDE, CARBON MONOXIDE, AND VOLATILE ORGANIC COMPOUNDS. REGION V SEEKS TO ENJOIN BOISE FROM FURTHER CONSTRUCTION AT ITS INT'L FALLS FACILITY, UNTIL VALID CONSTRUCTION PERMITS ARE ISSUED BY THE APPROPRIATE AUTHORITY, AND SEEKS A CIVIL PENALTY OF AT LEAST $675,000. A NOTICE OF VIOLATION ( NOV ) WAS ISSUED TO BOISE ON NOVEM BER 1, 1988. A CONFERENCE WAS HELD WITH BOISE AT USEPA, RE- GION V, ON NOVEMBER 29, 1988, TO DISCUSS THE NOV.

Defendants (1)

• BOISE CASCADENamed in complaintNamed in settlement

Facilities (2)

• BOISE WHITE PAPER LLC

  400 2ND ST., INTERNATIONAL FALLS, MN, 56649

  Registry ID: 110000427501

• BOISE WHITE PAPER LLC

  400 2ND ST., INTERNATIONAL FALLS, MN, 56649

  Registry ID: 110000427501

Statutes cited

• CAA 173 — New Source Review Permit Requirements
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• BOISE CASCADE CORPORATIONentered 1990-06-28

  Primary law: CAA

  Federal penalty: $350,000

Timeline (7 milestones)

• 1988-10-06Enforcement Action Data Entered
• 1989-04-21Referred To Dept Of Justice
• 1990-06-06Complaint Filed With Court
• 1990-06-28Final Order Lodged
• 1990-06-28Final Order Entered
• 1990-06-28Concluded
• 1990-12-01Enforcement Action Closed