EPA v. PLUM CREEK MANUFACTURING

Case summary

THIS REFERRAL ALLEGES THAT PLUM CREEK HAS FAILED TO COMPLY WITH APPLICABLE NEW SOURCE PERFORMANCE STANDARDS FOR ITS WELLONS BOILER. PLUM CREEK INSTALLED A WELLONS WOOD-FIRED BOILER WITH A HEAT INPUT CAPACITY OF 87,000,000 BTU PER HOUR AT IT'S PABLO FACILITY AFTER 6/9/89, AND IS THEREFORE SUBJECT TO NSPS REGULATIONS. ON 6/7/95, EPA ISSUED A COMPLIANCE ORDER TO PLUM CREEK, REQUIRING THE COMPANY TO CONDUCT THE PERFORMANCE TESTS REQUIRED BY THE NSPS REGULATIONS CITED ABOVE. THE EFFECTIVE DATE OF THE COMPLIANCE ORDER WAS EXTENDED TO 101/10/95. IF PLUM CREEK CONDUCTS THE TESTS AS REQUIRED BY THE ORDER AND, IF THE TESTS DEMONSTRATE THAT THE BOILER DOES NOT MEET THE PARTICULATE AND OPACITY EMISSION LIMITATIONS OF THE NSPS REGULATIONS, PLUM CREEK WILL BE REQUIRED TO INSTALL POLLUTION CONTROL EQUIPMENT AT THE PABLO PLANT. WHEN THAT HAPPENS, AN ADDITIONAL PENALTY, WHICH WILL BE SUBSTANTIAL, WILL BE SOUGHT FOR FAILURE TO INSTALL THE EQUIPMENT AT THE TIME WHEN THE TET WAS ORIGINALLY REQUIRED.

Defendants (1)

• PLUM CREEK MFTGNamed in complaintNamed in settlement

Facilities (1)

• WEYERHAEUSER-EVERGREEN

  75 SUNSET DRIVE, KALISPELL, MT, 59901

  Registry ID: 110000428626

Statutes cited

• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• PLUM CREEK MANUFACTURINGentered 1997-10-22

  Primary law: CAA

  Federal penalty: $300,000

Timeline (7 milestones)

• 1995-09-27Enforcement Action Data Entered
• 1995-09-29Referred To Dept Of Justice
• 1996-02-29Complaint Filed With Court
• 1997-09-02Final Order Lodged
• 1997-10-22Final Order Entered
• 1997-10-22Concluded
• 2001-02-14Enforcement Action Closed