EPA v. LOUISIANA PACIFIC/MONTROSE COUNTY

Case summary

SOURCE OPERATION LOUISIANA-PACIFIC CORPORATION (L-P) OWNS AND OPERATES A WAFERBOARD PRODUCTION FACILITY NEAR THE TOWN OF OLATHE IN MONTROSE COUNTY, COLORADO. IN EARLY 1984, L-P APPLIED FOR A STATE PERMIT TO CONSTRUCT THE WAFERBOARD PLANT. ACCORDING TO L-P'S ORIGINAL PERMIT APPLICATION, NO REGULATED POLLU- TANTS WOULD EXCEED THE SIGNIFICANCE LEVELS UNDER THE ENVIRONMENTAL PROTECTION AGENCY'S PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REGULATIONS. STACK TESTS CONDUCTED IN MARCH OF 1985 INDICATED THAT THE POTENTIAL EMISSION RATE FOR CARBON MONOXIDE (CO) WAS 438 TONS PER YEAR. IN ADDITION ESTIMATED EMMISSIONS FOR VOLATILE ORGANIC COMPOUNDS AND PART ICULATES EXCEEDED THE SIGNIFICANCE LEVELS SPECIFIED IN THE REGULATIONS. ALTHOUGH L-P'S WAFERBOARD PLANT IS A MAJOR STATIONARY SOURCE UNDER THE PSD REGULATIONS, L-P FAILED TO OBTAIN A PSD PERMIT PRIOR TO ITS CONSTRUCTION AND OPERATION AS REQUIRED BY THE REGULATIONS. L-P FAILED TO DO SO EVEN AFTER BEING ISSUED AN ADMINISTRATIVE ORDER. ALLEGED VIOLATIONS: FAILURE TO OBTAIN A PDS PERMIT PRIOR TO CONSTRUCTION AND OPERATION OF A MAJOR STATIONARY SOURCE OF AIR POLLUTION AT ITS FACILITY IN MONTROSE COUNTY, COLORADO. FAILURE TO OBEY ADMINISTRATIVE ORDER TO OBTAIN A PERMIT, IN SEPTEMBER, 1985. PROPOSED RELIEF: -INJUNCTIVE RELIEF TO COMPLE DEFENDANT TO OBTAIN A PSD PERMIT AND APPLY BEST AVAILABE CONTROL TECHNOLOGY(BACT) AT ITS FACILITY. -CIVIL PENALTY OF $216,765, PLUS $7000 PER MONTH UNTIL COMPLIANCE.

Defendants (1)

• LOUISIANA PACIFICNamed in complaint

Facilities (3)

• LOUISIANA PACIFIC CORP

  HIGHWAY 50, OLATHE, CO, 81425

  Registry ID: 110017431812

• LOUISIANA PACIFIC MONTROSE

  58482 HIGHWAY 50, OLATHE, 2.1 MI N OF, CO, 814259506

  Registry ID: 110038640254

• LOUISIANA PACIFIC CORP

  HIGHWAY 50, OLATHE, CO, 81425

  Registry ID: 110017431812

Statutes cited

• CAA 167 — Clean Air Act

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CAA

Timeline (6 milestones)

• 1986-03-28Referred To Dept Of Justice
• 1986-09-12Complaint Filed With Court
• 1988-03-18Final Order Lodged
• 1988-03-18Final Order Entered
• 1988-03-18Concluded
• 1988-03-18Enforcement Action Closed