EPA v. SMURFIT STONE FLEXIBLE PACKAGING

Case summary

Smurfit failed the destruction efficiency testing on their thermal oxidizer and catalytic incincerator. Smurfit has not completed the required capture efficiency testing on the thermal oxidizer and catalytic incinerator. Based on these tests, Region 5 issued Notices of Violation and a Finding of Violation to Smurfit. Following issuance of the NOVs and FOV, Region 5 and Smurfit began discussing settlement. The State of Illinois was invited to and did participate in these discussions. In 2004, Region 5 referred the matter to the Department of Justice, who led subsequent negotiations. While discussing settlement, the company proceeded to install an RTO to control emissions on all subject lines. In addition, Smurfit applied for a revised Title V permit from the State of Illinois. Smurfit has also performed successful destruction and capture efficiency testing on the RTO.

Defendants (1)

• SMURFIT STONE FLEXIBLE PACKAGINGNamed in complaintNamed in settlement

Facilities (1)

• ABX SOLUTIONS LLC

  1228 E TOWER RD, SCHAUMBURG, IL, 60173-4386

  Registry ID: 110000497490

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 112 — Hazardous Air Pollutants
• CAA 502 — Operating Permits (Title V)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• SMURFIT STONE FLEXIBLE PACKAGINGentered 2007-02-07

  Primary law: CAA

  Federal penalty: $162,500 · State/local: $162,500

Timeline (7 milestones)

• 2004-09-28Referred To Dept Of Justice
• 2004-10-05Enforcement Action Data Entered
• 2006-11-27Complaint Filed With Court
• 2006-11-29Final Order Lodged
• 2007-02-07Final Order Entered
• 2009-02-06Enforcement Action Closed
• 2009-02-06Concluded