EPA v. LOUISIANA-PACIFIC CORP. (NEW WAVERLY)

Case summary

LOUISIANA-PACIFIC CORPORATION (LP) OWNS AND OPERATES NUMEROUS WOOD PROCESSING AND PRODUCET MANUFACTURING FACILITIES THROUGHOUT THE U.S., INCLUDING THE 4 FACILITIES THAT ARE THE SUBJECT OF THIS LITIGATION REPORT. FOLLOWING SEVERAL YEARS OF LITIGATION IN REGION V AND VIII, A CITIZEN COMPLAINT FROM REGION IV, AND GROWING AWARENESS WITHIN EPA OF A PATTERN OF VIOLATIONS AND PROBLEMS AT SEVERAL OF LP'S PLANTS, EPA'S OFFICE OF AIR AND RADIATION DECIDED TO SUBJECT LP TO A COMPLIANCE CHECK. THIS WAS ACCOMPLISHED THROUGH LETTERS SENT TO LP UNDER THE AUTHORITY OF SECTION 114 OF THE CAA. IN ADDITION TO REQUESTING SPECIFIC DOCUMENTS AND INFORMATION FROM LP, THE SECTION 114 LETTERS REQUIRED LP TO CONDUCT COMPLIANCE TESTING AT A NUMBER OF ITS ORIENTED STRAND BOARD (OSB) FACILITIES, INCLUDING THREE IN TEXAS (NEW WAVERLY, SILSBEE, AND CORRIGAN) AND ONE IN LOUISIANA (URANIA). * EVALUATION OF INFORMATION OBTAINED FROM LP'S RESPONSES TO THE SECTION 114 LETTERS, EVIDENCE OBTAINED FROM STATE FILES, AND THE RESULTS OBTAINED FROM THE ABOVE- REFERENCED COMPLIANCE TESTING CONDUCTED IN FEBRUARY- APRIL 1992 INDICATES THAT ALL FOUR OF THE OSB FACILITIES THAT ARE THE SUBJECT OF THIS LITIGATION REPORT HAVE VIOLATED THE CAA. IN PARTICULAR, EACH OF THE FOUR LP FACILITIES CONSTRUCTED OR MODIFIED ITS OSB OPERATIONS WITHOUT A PSD PERMIT REQUIRED BY PART C OF TITLE I OF THE ACT AND THE FEDERALLY- ENFORCEABLE SIPS FOR TEXAS AND LOUISIANA. IN ADDITION, SEVERAL VIOLATIONS OF THE CONDITIONSCONTAINED IN THE FACILITIES' STATE-ISSUED SIP PERMITS HAVE BEEN DOCUMENTED. * REGION 6 WOULD REQUEST THAT THE U.S. DOJ FILE A CIVIL COMPLAINT AGAINST LP SEEKING CIVIL PENALTIES AND INJUNCTIVE RELIEF FOR THE VIOLATIONS CONTAINED IN THIS LITIGATION REPORT. REGION 6 ALSO REQUESTS THAT THIS ACTION BE A PART OF AND COORDINATED WITH THE NATIONAL CAA INITIATIVE CONCERNING LP'S OSB PLANTS AS EXPRESSED BY SCOTT C. FULTON, EPA'S DEPUTY ASSISTANT ADMINISTRATOR FOR ENFORCEMENT IN THE 1/6/92 MEMORANDUM TO THE EPA REGIONAL COUNSELS.

Defendants (1)

• LOUISIANA-PACIFIC CORPORATIONNamed in complaint

Facilities (2)

• LOUISIANA PACIFIC NEW WAVERLY PLYWOOD

  HWY. 75, NEW WAVERLY, TX, 77358

  Registry ID: 110000599317

• LOUISIANA PACIFIC NEW WAVERLY PLYWOOD

  HWY. 75, NEW WAVERLY, TX, 77358

  Registry ID: 110000599317

Statutes cited

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

Timeline (5 milestones)

• 1992-04-30Enforcement Action Data Entered
• 1992-07-22Referred To Dept Of Justice
• 1993-05-24Complaint Filed With Court
• 1993-05-24Concluded
• 1993-05-24Enforcement Action Closed