EPA v. Stora Enso North America Biron Division

Case summary

*PLEASE ADD ADDITIONAL INFORMATION, INCLUDING SHORT CASE SUMMARY: This facility was issued a 114 Information Request on December 23, 2003, which included a request to conduct a VOC emission test for their groundwood and thermomechanical pulping processes. Stora Enso North America (SENA) did not feel that they were able to conduct accurate testing and requested a meeting with USEPA's Office of Air Quality Plannig and Standards. After lengthy communications a meeting was finally held on May 25, 2004 with USEPA, SENA and the National Council for Air and Stream Improvment (NCASI). At the conclusion of this meeting the USEPA and Stora Enso agreed to a two-prong approach to quantify and characterize VOC emissions at the SENA facilities. First, it was determined, at the meeting, that whether SENA tested its VOCs in accordance with USEPA Reference Methods or procedures developed by NCASI, a pre-survey would be required. A pre-survey allows the facility to characterize the organic compounds being emitted from the facility so that it knows what test procedures can be used to qunatify the total VOC emissions. Thsu, SENA agreed to conduct a pre-survey of its emissions and to submit a protocol for the presurvey by June 25, 2004. Second, USEPA agreed it would hold the VOC emission test requirement in abeyance until October, 2004, to allow NCASI to develop its test procedure and SENA agreed that if NCASI developed a test procedure that was deemed acceptable by USEPA, the SENA facilities would act as test facilities for the new procedure. SENA also agreed to submit a test protocol to test by USEPA methods should NCASI fail to develop a method. SENA sent a letter to the USEPA on June 14, 2004, which repudiated the compromise agreement reached by USEPA and SENA. SENA has not performed the emission testing at the facilities as required by the Information Requests. Therefore, SENA is in violation of Section 114 of the Clean Air Act.

Defendants (1)

• Stora Enso Stevens Point, and Wisconsin RapidsNamed in complaintNamed in settlement

Facilities (2)

• WHITING MILL

  2627 WHITING RD, STEVENS POINT, WI, 544816324

  Registry ID: 110017419792

• ND PAPER INC - BIRON DIVISION

  621 N BIRON DR, WISCONSIN RAPIDS, WI, 544941899

  Registry ID: 110070834480

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 113A — Violation of Existing Administrative Order

Enforcement conclusions (1)

• Stora Enso North America Biron Divisionentered 2004-07-19

  Primary law: CAA

Timeline (3 milestones)

• 2004-07-19Final Order Issued
• 2004-08-09Enforcement Action Data Entered
• 2004-11-29Amended Administrative Order