EPA v. LOUISIANA PACIFIC, INC/HAYWARD, WI

Case summary

LOUISANA PACIFIC, INC. LINE II HAS FAILED TO OBTAIN A PSD PERMIT AS REQUIRED BY THE PSD REGULATIONS. STATUTORY AND REGULATORY BASIS FOR ACTION: 42 U.S.C. SECTION 7407, AND SECTION 7475 AND 40 C.F.R. SECTION 52.21. VIOLATIONS: 42 U.S.C. SECTION 7475 AND 40 C.F.R. PART 52.21 FOR FAILURE TO OBTAIN PSD PERMIT FOR MAJOR MODIFICATION TO A APPLY FOR PSD PERMIT WAS A VIOLATION OF CONSENT DECREE NO. 89C-0337S. PROPOSED RELIEF: U.S. EPA, REGION V SEEKS INJUNCTIVE RELIEF WHICH WOULD PROVIDE FOR THE INSTALLATION OF BACT AT HAYWARD LINE II. CIVIL PENALTY FOR THIS ACTION WILL BE COLLECTED AS PART OF THE SETTLEMENT RESOLVING THE STATE ACTION AGAINST LPC. THE STATE IF WISCONSIN FILED A LAWSUIT AGAINST HAYWARD ON OCTOBER 16, 1992 FOR FAILURE TO OBTAIN A PSD PERMIT FOR HAYWARD II AND FOR OPERATING PERMIT VIOLATIONS (VOC AND OPERATIONAL LIMITS). JULY 3, 1991, SECTION 114 REQUEST FOR INFORMATION. DECEMBER 2, 1991, SECTION 114 REQUEST FOR INFORMATION. JULY 31, 1992, NOTIVE OF VIOLATION (DID NOT NAME HAYWARD FACILTY). U.S. EPA AND DEPARTMENT OF JUSTICE HAVE MET WITH LPC OFFICIALS ON SEVERAL OCCASIONS TO DISCUSS SETTLEMENT OF THE NATIONAL LAWSUIT. THE HAYWARD FACILITY HAS BEEN A SUBJECT IN THESE DISCUSSIONS AND CURRENTLY IS BEING CONSIDERED AS A CANDIDATE FOR INCLUSION IN A NATIONAL CONSENT DECREE. LPC HAYWARD HAS VIOLATED APPLICABLE FEDERAL REGULATIONS FOR THE PREVENTION OF SIGNIFICANT DETERIORATION. HAYWARD LINE II CONTINUES TO OPERATE WITHOUT A PSD PERMIT. THIS CASE HELPS SHOW THE PATTERN OF NONCOMPLIANCE OF LPC AND SHOULD BE INCLUDED THE NATIONAL COMPLAINT TO BE FILED AGAINST THIS TARGETED DEFENDANT. EVEN THOUGH THE STATE OF WISCONSIN CURRENTLY HAS AN ONGOING ACTION AGAINST LPC FOR SIMILAR STATE LAW-BASED VIOLATIONS, HAVING THE HAYWARD FACILITY SUBJECT TO THE FEDERAL CONSENT DECREE WILL ENHANCE THE ENFORCEABILITY OF THE INJUNCTIVE RELIEF REQUIRED OF THIS FACILITY.

Defendants (1)

• LOUISANA PACIFIC, INC. HAYWARD,WI FACILYNamed in complaintNamed in settlement

Facilities (1)

• WAUCONDA SAND & GRAVEL

  BONNER & GARLAND RD, WAUCONDA, IL, 60084

  Registry ID: 110009327022

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• LOUISIANA PACIFIC, INC/HAYWARDentered 1993-05-24

  Primary law: CAA

Timeline (7 milestones)

• 1992-12-01Enforcement Action Data Entered
• 1993-03-23Referred To Dept Of Justice
• 1993-05-24Final Order Lodged
• 1993-05-24Final Order Entered
• 1993-05-24Complaint Filed With Court
• 1993-05-24Concluded
• 1993-05-24Enforcement Action Closed