EPA v. APPLETON PAPERS INC.

Case summary

On September 22, 2010, Region 5 and the Department of Justice lodged a Consent Decree in the Eastern District of Wisconsin resolving claims against Appleton Papers Inc., Appleton, Wisconsin. The Complaint, which was filed simultaneously, alleges that Appleton violated Sections 109, 112, 113, 502 and 608 of the Clean Air Act (the ?Act?), 42 U.S.C. ?? 7409, 7412, 7413, 7661a & 7671g, including violations of the implementing regulations for the National Recycling and Emission Reduction Program at 40 C.F.R. part 82, Subpart F; the Ohio Environmental Protection Agency?s Air Pollution Control Rule 336, as incorporated into Ohio?s State Implementation Plan; and provisions in the Title V permit issued to Appleton pursuant to the Act. Specifically, EPA has alleged that Appleton failed to maintain proper records of service activities on its ozone depleting substances-containing appliances at two of its facilities ? West Carrolton, Ohio and Roaring Springs, Pennsylvania. Also, Appleton exceeded its opacity limit in West Carrolton. The violations were discovered via an inspection and follow-up Section 114 Information Request at West Carrolton; the Roaring Springs violations were disclosed by Appleton. In settlement, Appleton will pay a civil penalty of $96,324.00, replace one ODS appliance with a non-ODS appliance as injunctive relief, and replace four additional ODS appliances with non-ODS appliances as a Supplemental Environmental Project. In total, Appleton will replace 410 pounds of R-22 with non-ODS refrigerants by December 31, 2010.

Defendants (1)

• APPLETON PAPERS INCNamed in complaintNamed in settlement

Facilities (5)

• APPLETON PAPERS INCORPORATED

  100 PAPER MILL RD., ROARING SPRING, PA, 166731488

  Registry ID: 110000332177

• APPLETON PAPERS INCORPORATED

  100 PAPER MILL RD., ROARING SPRING, PA, 166731488

  Registry ID: 110000332177

• WEST CARROLLTON PAPER LLC

  1030 WEST ALEX-BELL RD., WEST CARROLLTON CITY, OH, 45449

  Registry ID: 110000394948

• APPLETON PAPERS INCORPORATED

  100 PAPER MILL RD., ROARING SPRING, PA, 166731488

  Registry ID: 110000332177

• APPLETON PAPERS INCORPORATED

  100 PAPER MILL RD., ROARING SPRING, PA, 166731488

  Registry ID: 110000332177

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• APPLETON PAPERS INC.entered 2010-12-10

  Primary law: CAA

  Federal penalty: $96,324 · SEP: $235,438

Timeline (7 milestones)

• 2008-06-30Referred To Dept Of Justice
• 2008-07-11Enforcement Action Data Entered
• 2010-09-22Final Order Lodged
• 2010-09-22Complaint Filed With Court
• 2010-12-10Final Order Entered
• 2014-09-17Enforcement Action Closed
• 2014-09-17Air Resolved