EPA v. STONE CONTAINER CORPORATION

Case summary

10/03/94: ON 8/17/94, EPA REGION 8 ISSUED A NOTICE OF VIOLATION TO STONE UNDER SECTION 113(A)(1) OF THE CLEAN AIR ACT, 42 U.S.C. ALLEGING VIOLATIONS OF THE STATE OPACITY LIMIT AND CIRCUMVENTION RULE; AND AN ADMINISTRATIVE COM- PLIANCE ORDER WHICH ORDERED COMPLIANCE WITH NSPS SUBPARTS A AND BB, INCLUDING VIOLATIONS OF THE CIRCUMVENTION RULE, EX- CEEDANCE OF THE TRS LIMITATION, AND FAILURE TO PROPERLY SET THE SPAN ON A CONTINUOUS OPACITY MONITORING SYSTEM. STONE REQUESTED AN INFORMAL CONFERENCE TO DISCUSS THE NOV AND ACO WHICH WAS HELD AT REGION 8 ON 9/15/94. THE ISSUE OF CIRCUMVENTION MAY BE PRECEDENT SETTING IN THAT THERE APPEARS TO BE NO CASE LAW ON THE SUBJECT. STONE WILL ARGUE THAT BY ADMITTING TO THE RELEASE OF NCG IN ITS JULY 93 EXCESS EMISSIONS REPORT IT WAS NOT ENGAGING IN ANY CONCEALMENT. EPA'S POSITION IS THAT EVEN THOUGH STONE RE- PORTED THE VENTING OF NCGS TO THE ATMOSPHERE, IT CONCEALED THE AMOUNT OF TRS EMITTED BY FAILING TO RUN IT THROUGH THE CONTROL DEVICE WHICH MONITORS THE EMISSION OF TRS.

Defendants (1)

• STONE CONTAINER CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• SMURFIT-STONE CONTAINER

  14377 PULP MILL RD, MISSOULA, MT, 59808

  Registry ID: 110000428591

Statutes cited

• CAA 113A — Violation of Existing Administrative Order

Enforcement conclusions (1)

• STONE CONTAINER CORPORATIONentered 1998-05-19

  Primary law: CAA

  Federal penalty: $312,500

Timeline (6 milestones)

• 1992-08-01Enforcement Action Data Entered
• 1994-09-16Referred To Dept Of Justice
• 1996-01-22Complaint Filed With Court
• 1998-03-12Final Order Lodged
• 1998-05-19Final Order Entered
• 1998-05-19Concluded