EPA v. Boise Packaging & Newsprint LLC

Case summary

On August 24, 2015, EPA Region 6 issued a Consent Agreement and Final Order (CAFO) under its authority pursuant to the Clean Air Act to Boise Packaging & Newsprint LLC. The CAFO was issued in response to violations of Section 112(r)(1) of the Clean Air Act at the DeRidder Mill. The CAFO requires Boise Packaging & Newsprint LLC to pay an assessed penalty of $37,500 within 30 days of the effective date of the CAFO. Pursuant to section 112(r)(1) of the CAA, 42 U.S.C. ? 7412(r)(1), an owner/operator of a stationary source producing, processing, handling or storing substances listed pursuant to section 112(r)(3) of the CAA, 42 U.S.C. ? 7412(r)(3), or any other extremely hazardous substance, has a general duty to: (1) identify hazards which may result from accidental releases of such substances using appropriate hazard assessment techniques; (2) design and maintain a safe facility, taking such steps as are necessary to prevent releases; and (3) minimize the consequences of accidental releases that do occur.

Defendants (1)

• Boise Packaging & Newsprint LLCNamed in complaintNamed in settlement

Facilities (2)

• PACKAGING CORP OF AMERICA - DERIDDER PAPER MILL

  4200 HWY 190 W, DE RIDDER, LA, 70634

  Registry ID: 110006020028

• PACKAGING CORP OF AMERICA - DERIDDER PAPER MILL

  4200 HWY 190 W, DE RIDDER, LA, 70634

  Registry ID: 110006020028

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• Boise Packaging & Newsprint LLCentered 2015-08-24

  Primary law: CAA

  Federal penalty: $37,500

Timeline (5 milestones)

• 2015-08-20Complaint Filed/Proposed Order
• 2015-08-24Final Order Issued
• 2015-08-28Enforcement Action Data Entered
• 2015-09-08Enforcement Action Closed
• 2015-09-08Air Resolved