EPA v. DAW FOREST PRODUCTS CO.

Case summary

THE REGION ISSUED AN NON TO DIAMOND INTERNATIONAL CORP. IN APRIL, 1984 FOR VIOLATIONS OF PARTICULATE EMISSION STANDARDS FROM THE SOURCES WOOD WASTE BOILER AT THE SUPERIOR, MONTANA MILL. SECTION ARM 16.8.1402 OF THE ADMINISTRATIVE RULES OF MONTANA AIR QUALITY LIMITS PARTICULATE EMISSIONS FROM NEW FUEL BURNING EQUIPTMENT TO 0.41 POUNDS/MILLION BTU'S AT A HEAT INPUT RATE OF 49 MILLION BTU'S/HR. THIS EMISSION LIMITATION APPLIES TO ANY FUEL BURNING FACILITY CONSTRUCTED OR MODIFIED AFTER NOVEMBER 23, 1968. THE PERMIT FOR THE MODIFICATION OF THE BOILER HERE WAS ISSUED ON SEPTEMBER 18, 1972. ON OCTOBER 1, 1981, THE WOOD WASTE BOILER WAS TESTED FOR EMISSIONS IN ACCORDANCE WITH 40CFR-PART 60, APPENDIX A BY BWR ASSOCIATES OF KLAMATH FALLS, OREGON. THE EMISSION RATE AVERAGED 44.8 LBS PARTICULATES/HR OVER A 3 HOUR TEST PERIOD RUN AT A HEAT INPUT RATE OF 49 MILLION BTU/HR. THIS CORRESPONDS TO AN EMISSIONS RATE OF 0.91 LB/MILLION BTU --- A VIOLATION OF ARM 16.8.1402. SECONDLY, ARM 16.8.1402(2) REQUIRES SOURCES DISCHARGING TO THE OUTDOOR AIR TO LIMIT OPACITY TO LESS THAN 20% AVERAGD OVER SIX CONSECUTIVE MINUTES. THE MONTANA DEPT. OF HEALTH AND ENVIRONMENTAL SCIENCES ( MDHES )OBSERVED 3 VIOLATIONS OF THIS REGULATION: FEBRUARY 11, 1976 -- 58% OPACITY . AUGUST 23, 1979 -- 100% OPACITY . AUGUST 10, 1983 -- 57% OPACITY THE MDHES ISSUED A CITATION BASED ON THESE VIOLATIONS. DIAMOND SOLD THE FACILITY TO DAW IN MAY, 1984. EPA DETERMINED THAT FOR ELIGIBLE REASONS, IT WOULD WITHDRAW THE NON ISSUED TO DIAMOND AND ISSUE A NEW NON TO DAW. THE NON WAS ISSUED TO DAW ON 10-22-84 FOR PARTICULATE EMMISION VIOLATIONS AT THE WOOD WASTE BOILER. ON 12-13-84, DAW SUBMITTED A PETITION FOR RECONSIDERATION STATING THAT THE 10-12-84 NON FAILED TO STATE THAT DAW WAS CURRENTLY IN VIOLATION. ON JANUARY 4, 1985, DAN HESTER OF REGION 8 RESPONDED TO DAW'S PETITION FOR RECONSIDERATION. DAW CONTINUED TO ATTEMPT TO SETTLE TO THE CASE AND HAD PENALTY CALCULATIONS RUN. DAW SUBMITTED DATA TO EPA, WHICH IN TURN REQUESTED DATA BASED ON DAW'S FINANCIAL SITUATION. DAW STATED THAT THEY AND DIOM AND INTERNATIONAL WERE PARTNERS, AND REQUESTED (AND RECEIVED ON MAY 6, 1985) A PROGRAM FOR PENALTY CALCULATIONS BASEDON PARTNERSHIPS. DAW SUBMITTED THE NEW PENALTY CALCULATIONTO EPA ON JUNE 6, 1985. ON AUGUST 21, 1985, TERESA LUKAS OF REGION 8 INDICATED TO DAW THAT THEIR PENALTY CALCULATIONS WERE CORRECT. ON SEPTEMBER 17, 1985, TERESA LUKAS SENT A PROPOSED CONSENT AGREEMENT TO DAW FOR SETTLEMENT OF THE SECTION 120 PROCEEDING. DAW SIGNED THE DECREE ON 10/01/85, AND DECREE LODGED WITH HEARING CLERK ON OCTOBER 21, 1985.

Defendants (1)

• DAW FOREST PRODUCTS CO.Named in complaintNamed in settlement

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• DAW FOREST PRODUCTS CO.

  Primary law: CAA

  Federal penalty: $14,510

Timeline (4 milestones)

• 1984-10-22Enforcement Action Data Entered
• 1984-10-22Complaint Filed/Proposed Order
• 1985-10-21Compliance Achieved
• 1985-10-21Enforcement Action Closed