EPA v. BIEWER WISCONSIN SAWMILL

Case summary

The Biewer-Wisconsin Sawmill is an automated sawmill located in Prentice, Wisconsin. Plant operations include four lumber drying kilns which are the subject of EPA’s enforcement action. Heating of the lumber in the kilns causes the wood to release organic compounds that are present in the wood. These emissions which consist mostly of VOCs are exhausted to the atmosphere uncontrolled. According to the information submitted by the company, the kilns emit about 19 lbs/hr and 83 tons/year of VOC. On May 22, 2008, Biewer voluntarily disclosed to EPA potential violations of the CAA for the facility that were discovered during due diligence activities performed in relation to the renewal of a Title V permit. According to the company’s self disclosure, Biewer did not apply for or receive a construction permit prior to installation of the kilns in April/1990, or subsequent operation in May/1990, in violation of Wis. Admin. Code NR 154.04(1). Furthermore, in May/1995 Biewer submitted a renewable operating permit application to the Wisconsin DNR as required under Wis. Adm. Code NR 407 and 40 C.F.R. 70, however, Biewer failed to identify the kilns as a significant source of air pollutant emissions. Consequently, the permit issued by WDNR did not include requirements to measure, monitor and control air pollutants emitted from the kilns, in violation of Wis. Admin. Code NR 407.05(4). On June 25, 2008, EPA notified Biewer that potential CAA violations discovered during activities supporting Title V certification requirements were not eligible for penalty mitigation under EPA’s self disclosure Policy. On April 16, 2009, EPA issued an NOV to Biewer for the above violations. To come into compliance the company submitted additional information to the state and obtained a new Title V permit. The new permit establishes emission limits, production capacity restrictions and record keeping requirements for the kilns. This CAFO resolves the above violations

Defendants (1)

• BIEWER WISCONSIN SAWMILLNamed in complaintNamed in settlement

Facilities (1)

• BIEWER WISCONSIN SAWMILL

  400 RED PINE CT, PRENTICE, WI, 54556

  Registry ID: 110000422418

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• BIEWER WISCONSIN SAWMILLentered 2009-12-17

  Primary law: CAA

  Federal penalty: $20,000

Timeline (3 milestones)

• 2009-12-17Final Order Issued
• 2009-12-17Complaint Filed/Proposed Order
• 2010-01-19Enforcement Action Data Entered