EPA v. NEWPAGE ESCANABA MILL

Case summary

The attached Consent Agreement and Final Order (CAFO) resolves Clean Air Act violations committed by the Escanaba Paper Company (Escanaba), County Road 426 in Escanaba, Michigan 49829. On September 23, 2010, the U.S. Environmental Protection Agency issued a Finding of Violation (FOV) to NewPage Corporation, the permit holder of Escanaba’s Michigan facility, for violating the National Emissions Standard for Hazardous Air Pollutants from Pulp and Paper Mills at 40 C.F.R. Part 63, Subpart S. The violations included: (1) the failure to comply with an emission standard for a chemical recovery combustion source; (2) install flow-indicators on all bypass lines in its pulp mill; (3) perform EPA Reference Method 21 on four condensate collection tanks; and (4) conduct monthly visual inspections on the digester closure mechanisms. The violations were discovered through an inspection conducted by EPA Region 5 and EPA’s National Enforcement Investigation Center on September 28, 2009 through October 1, 2009 and by two letters submitted by Escanaba (dated October 30, 2009 and November 13, 2009) to EPA in response to questions asked during the September 2009 inspection. Escanaba has presented information demonstrating that compliance has been achieved for several of the violations in the FOV. An Administrative Consent Order has been finalized to ensure completion of the remainder of the compliance activities by June 12, 2012. This CAFO requires Escanaba to pay the amount of $205,417. Because NewPage Corporation filed for reorganization under Chapter 11 of the Bankruptcy Code, the terms of the CAFO were approved by the Court prior to its issuance by EPA.

Defendants (1)

• NEWPAGE ESCANABA MILLNamed in complaintNamed in settlement

Facilities (2)

• BILLERUD ESCANABA LLC

  7100 COUNTY 426 M.5 ROAD, ESCANABA, MI, 49829

  Registry ID: 110070295128

• BILLERUD ESCANABA LLC

  7100 COUNTY 426 M.5 ROAD, ESCANABA, MI, 49829

  Registry ID: 110070295128

Statutes cited

• CAA 112D — MACT Standards

Enforcement conclusions (1)

• NEWPAGE ESCANABA MILLentered 2012-05-25

  Primary law: CAA

  Federal penalty: $205,417

Timeline (3 milestones)

• 2012-05-25Complaint Filed/Proposed Order
• 2012-05-25Final Order Issued
• 2012-06-19Enforcement Action Data Entered