EPA v. INTERNATIONAL PAPER COMPANY

Case summary

THE STATUTES AND REGULATIONS WHICH ARE THE BASIS FOR THE PROPOSED ACTION, INCLUDING STATE REGULATIONS, IF APPLICABLE: CLEAN AIR ACT SECTION 111, 113 CODE OF FEDERAL REGULATIONS 40 CFR PART 60 SUBPART BB THE VIOLATION UPON WHICH THIS ACTION IS BASED: THE EMISSION OF TOTAL REDUCED SULFUR IN EXCESS OF THE APPLICABLE CLEAN AIR ACT NEW SOURCE PERFORMANCE STANDARDS PROMULGATED UNDER SECTION 111 OF THE ACT, AT 40 CFR PART 60, SUBPART BB. THE PROPOSED RELIEF TO BE SOUGHT IS THE RECOVERY OF A CIVIL MONETARY PENALTY BETWEEN $326,150 AND $10,275,000. THESE FIGURES REPRESENT THE PROPOSED SETTLEMENT AMOUNT AND THE MAXIMUM PENALTY RECOVERABLE, FOR THIS TYPE OF VIOLATION, UNDER THE CLEAN AIR, RESPECTIVELY. CONTEMPORANEOUS CONTACTS WITH THE DEFENDANT, INCLUDING ANY PREVIOUS ADMINISTRATIVE ENFORCEMENT ACTIONS TAKEN, AND NEGOTIATIONS, IF ANY; APRIL 18, 1983 - LOUISIANA ISSUED IPC A NOTICE OF VIOLATION FOR SEVERAL AIR POLLUTION CONTROL VIOLATIONS INCLUDING EXCESSIVE TRS EMISSIONS. APRIL 22, 1983 - IPC REQUESTED EPA TO MODIFY TRS EMISSIONS LIMITATIONS BEING APPLIED TO ITS MANSFIELD MILL. DECEMBER 8, 1983 - LOUISIANA DENIED IPC REQUEST TO HAVE RECOVERY BOILERS RECLASSIFIED TO ALLOW FOR GREATER TRS EMISSIONS. JULY 13, 1984 - EPA REQUESTED THE STATE TO BRING IPC'S SOURCE INTO COMPLIANCE. SEPTEMBER 17, 1984 - STATE ORDERED IPC TO TEST RECOVERY BOILERS. NOVEMBER 15, 1984 - IPC SUBMITTED JUSTIFICATION TO EPA FOR RECLASSIFYING THE MANSFIELD MILL BOILERS. DECEMBER 4, 1985 - IPC REPRESENTATIVES MET WITH EPA REPRESENTATIVES AT RESEARCH TRIANGLE PARK TO DISCUSS PROPOSED RECLASSIFICATION. JANUARY 29, 1985 - THE STATE REQUESTED EPA TO MODIFY IPC'S PSD PERMIT TO REFLECT CROSS RECOVERY TRS EMISSION LIMITS. FEBRUARY 22, 1985 - EPA NOTIFIED STATE THAT PERMIT MODIFICA- TION WAS NOT JUSTIFIED AT THAT TIME. MARCH 26, 1985 - IPC SUBMITTED ADDITIONAL DATA TO EPA ON MODIFICATION ISSUE. APRIL 11, 1985 - EPA REQUESTED ADDITIONAL INFORMATION FROM IPC. JULY 2, 1985 - EPA NOTIFIED IPC OF ITS TRS VIOLATION BY LETTER. AUGUST 1, 1985 - EPA, IPC AND LOUISIANA REPRESENTATIVES MET IN DALLAS TO DISCUSS VIOLATIONS AND PLANT OPERATIONAL PROB LEMS.

Defendants (1)

• INTERNATIONAL PAPER COMPANY.Named in complaintNamed in settlement

Facilities (1)

• INTERNATIONAL PAPER CO

  UTM COORDINATES 3550 N 450 E, MANSFIELD, LA, 71052

  Registry ID: 110000450173

Statutes cited

• CAA 113 — Clean Air Act
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• INTERNATIONAL PAPER COMPANYentered 1987-02-11

  Primary law: CAA

  Federal penalty: $70,000

Timeline (7 milestones)

• 1985-09-30Referred To Dept Of Justice
• 1985-11-26Referred TO U.S. Attorney
• 1985-12-03Complaint Filed With Court
• 1987-02-11Final Order Lodged
• 1987-02-11Final Order Entered
• 1987-02-11Concluded
• 1988-07-26Enforcement Action Closed