EPA v. S D WARREN COMPANY

Case summary

S.D. Warren made major modifications to its recovery furnace which resulted in significant net emissions increases triggering the requirement to obtain a permit and install appropriate air pollution control equipment prior to beginning the modifications. On December 19, 2003, USEPA issued S.D. Warren a Notice of Violation (NOV)for the PSD violations, and a Finding of Violation (FOV) for the NSPD reconstruction provision violations and Subpart BB violations. Under the Consent Decree, S.D. Warren will come into compliance with the Act through the shut-down of its recovery furnace. If the recovery furnace is reactivated, it will become a new source as that term is defined under the Act and S.D. Warren must apply for the proper PSD and NSPS permits applicable to new sources and must notify the USEPA of its decision to reactivate the recovery boiler.

Defendants (1)

• S D WarrenNamed in complaintNamed in settlement

Facilities (2)

• MELCHING, INC

  2400 LAKESHORE DR., MUSKEGON, MI, 49441

  Registry ID: 110017409865

• MELCHING, INC

  2400 LAKESHORE DR., MUSKEGON, MI, 49441

  Registry ID: 110017409865

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 111 — New Source Performance Standards
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• S D WARREN COMPANYentered 2006-08-09

  Primary law: CAA

  Federal penalty: $586,106

Timeline (7 milestones)

• 2004-09-28Referred To Dept Of Justice
• 2004-10-14Enforcement Action Data Entered
• 2006-06-21Final Order Lodged
• 2006-06-21Complaint Filed With Court
• 2006-08-09Final Order Entered
• 2006-08-09Air Resolved
• 2006-08-09Enforcement Action Closed