EPA v. LOUISIANA-PACIFIC CORPORATION

Case summary

THE DEFEDANT FAILED TO OBTAIN A FEDERAL PSD PERMIT PRIOR TO CONSTRUCTING A WOOD-FIRED BOILER AT ITS OROVILLE, CALIF. FACILITY. INSTEAD, IT OBTAINED A MINOR SOURCE CONSTRUCTION PERMIT. THE DEFENDANT VIOLATED ITS RESTRICTIONS IN THE PERMIT FOR CO, PM, AND NOX. IN ADDITION, THE NEW BOILER RESULTED IN A SIGNIFICANT NET EMISSIONS INCREASE IN NOX. BECAUSE THE FACILITY WAS AN EXISTING MAJOR SOURCE FOR VOC AND CO, THE ADDITION OF THE NEW BOILER WAS A MAJOR MODIFICA- TION REQUIRING A PSD PERMIT PRIOR TO ITS CONSTRUCTION. ALSO, THE DEFENDANT CONSTRUCTED ANOTHER BOILER WHICHWAS AN AFFECTED FACILITY FOR THE PURPOSES OF NSPS. THE DEFENDANT EXCEEDED THE EMISSIONS LIMIT OF AN APPLICABLE NSPS, FAILED TO NOTIFY EPA AT LEAST 30 DAYS PRIOR TO CONDUCTING A PERFORMANCE TEST ON THIS BOILER, FAILED TO APPLY CEMS WHICH CONFORMED TO THE REQUIREMENTS OF THE NSPS, AND FAILED TO SUBMIT EXCESS EMISSIONS REPORTS. FINALLY, THE DEFENDANT EXCEED ITS CO AND PM EMISSIONS LIMITS IN ITS MINOR SOURCE CONSTRUCTION PERMIT. THE PERMIT WAS FEDERALLY ENFORCEABLE AND ISSUED BY THE LOCAL AIR POLLUTION CONTROL DISTRICT UNDER THE CALIFORNIA SIP.

Defendants (1)

• LOUISIANA PACIFIC CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• LOUISIANA-PACIFIC CORP OROVILLE SAWMILL

  HWY 70 GEORGIA PACIFIC WAY, OROVILLE, CA, 95965

  Registry ID: 110008262539

Statutes cited

• CAA 113 — Clean Air Act
• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• LOUISIANA PACIFICentered 1993-09-30

  Primary law: CAA

  Federal penalty: $11,100,000

Timeline (6 milestones)

• 1991-02-22Enforcement Action Data Entered
• 1991-09-30Referred To Dept Of Justice
• 1993-05-24Complaint Filed With Court
• 1993-09-30Final Order Lodged
• 1993-09-30Final Order Entered
• 1993-09-30Concluded