EPA v. KETCHIKAN PULP CORP

Case summary

THE PRESENT CASE INVOLVES NUMEROUS VIOLATIONS OF THE CLEAN WATER ACT (CWA), THE CLEAN AIR ACT (CAA) AND THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) BY KETCHIKAN PULP COMPANY (KPC) AT ITS PULP MILL IN KETCHIKAN, ALASKA. CWA: THE CWA VIOLATIONS CONSIST OF VILATIONS OF KPC'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT, AS WELL AS UNPERMITTED DISCHARGES. THE PERMIT VIOLATIONS CONSIST OF SEVERAL HUNDRED VIOLATIONS OF THE PERMIT'S BOD, TSS AND PH EFFLUENT LIMITS AND THE ASSOCIATED REPORTING REQUIREMENTS, 170 VIOLATIONS OF THE PERMIT'S EFFLUENT MONITORING REQUIREMENTS, AND THE CONTINUING PRACTICE OF DISCHARGING SLUDGE IN VIOLATION OF THE PERMIT. THE REMAINING VIOLATIONS ARE BASED ON FIVE UNPERMITTED DISCHARGES OF RED LIQUOR, COOKING ACID, OR MAGNESIUM OXIDE. EACH VIOLATION CARRIES A MAXIMUM PENALTY OF $25,000 PER DAY. WHILE MANY OF THE CWA VIOLATIONS INDIVIDUALLY WERE NOT PARTICULARLY SEVERE, THE NUMBER OF VIOLATIONS THAT OCCURRED OVER THE PAST FEW YEARS IS ENORMOUS. THEIR CUMULATIVE EFFECT ON WARD COVE, WHICH HAS HAD SIGNIFICANT WATER QUALITY DETERIORATION, CERTAINLY WOULD BE SIGNIFICANT. FURTHERMORE, THEIR SHEER NUMBERS INDICATE A PATTERN OF VIRTUAL DISREGARD OF KPC'S NPDES PERMIT REQUIREMENTS, WHICH HAD PERSISTED UNABATED DESPITE THE PAYMENT OF A $179,800 PENALTY FOR SIMILAR (BUT FEWER) VIOLATIONS JUST OVER TWO YEARS AGO. CAA: THE CAA VIOLATIONS INVOLVE THE INSTALLATION AND OPERATION OF THE #3 OIL FIRED POWER BOILER (ALSO REFERRED TO AS THE PACKAGE BOILER ) CONTRARY TO THE REQUIREMENTS OF THE NEW SOURCE PERFORMANCE STANDARD (NSPS). THE VIOLATIONS INCLUDE FAILURE TO COMPLY WITH APPLICABLE SULFUR DIOXIDE EMISSION STANDARDS, FAILURE TO CONDUCT TIMELY PERFORMANCE TESTS, FAILURE TO COMPLY WITH VARIOUS NSPS MONITORING, RECORDKEEPING AND REPORTING REQUIREMENTS, AND FAILURE TO OPERATE IN A MANNER CONSISTENT WITH GOOD AIR POLLUTION CONTROL PRACTICES. THE BOILER IS A SIGNIFICANT SOURCE OF SO(2) EMISSIONS, AND KPC VIRTUALLY IGNORED THE EPA ADMINISTERED PORTIONS OF THE NSPS REQUIREMENTS CONCERNING THE BOILER'S INSTALLATION AND OPERATION. THE BOILER VIOLATED THE APPLICABLE SO(2) EMISSION LIMITS FOR NEARLY TWO YEARS BEFORE EPA LEARNED THAT THE BOILER WAS SUBJECT TO NSPS, EMITTING AN ESTIMATED 1,600 TONS OF SO(2) BEYOND THE REGULATORY LIMIT. KPC HAD NO SO(2) CONTROL EQUIPMENT WHATSOEVER UNTIL AFTER EPA ORDERED KPC TO COMPLY WITH NSPS. THE EPA HAD NO EARLIER OPPORTUNITY TO REGULATE THE EMISSIONS BECAUSE OF KPC'S FAILURE TO NOTIFY EPA AS REQUIRED CONCERNING THE BOILER'S INSTALLATION. RCRA: THE RCRA VIOLATIONS INVOLVE TWO GENERAL SCENARIOS. FIRST, KPC ACCUMULATED CONTAINERS OF HAZARDOUS WASTE ON ITS PREMISES BEYOND THE ALLOWABLE PERIOD WITHOUT PROPERLY DISPOSING OF THEM AND WITHOUT COMPLYING WITH RCRA'S STATUTORY AND REGULATORY REQUIREMENTS FOR TREATMENT/STORAGE/DISPOSAL (TSD) FACILITIES. VIOLATIONS INCLUDE KPC'S FAILURE TO NOTIFY EPA OF ITS STATUS AS A TSD FACILITY, OPERATING A TSD FACILITY WITHOUT THE REQUIRED PERMIT, AND FAILURE TO COMPLY WITH OTHER REQUIREMENTS PERTAINING TO MANAGING AND SAFEGUARDING THE STORED WASTE. SECOND, KPC MIXED HAZARDOUS WASTE WITH USED OIL AND THEN BURNED THE MIXTURE IN BOILERS WITHOUT COMPLYING WITH APPLICABLE RCRA REQUIREMENTS. VIOLATIONS INCLUDED FAILURE TO NOTIFY EPA OF THE STATUS AS A TREATMENT FACILITY, OPERATING A TREATMENT FACILITY WITHOUT THE REQUIRED PERMIT, AND FAILURE TO COMPLY WITH INCINERATOR REGULATIONS.

Defendants (1)

• KETCHIKAN PULP CORPNamed in complaintNamed in settlement

Facilities (8)

• LOUISIANA PACIFIC CORP KETCHIKAN PULP

  MI 7.5 TONGASS HWY, KETCHIKAN, AK, 99901

  Registry ID: 110003045259

• LOUISIANA PACIFIC CORP KETCHIKAN PULP

  MI 7.5 TONGASS HWY, KETCHIKAN, AK, 99901

  Registry ID: 110003045259

• LOUISIANA PACIFIC CORP KETCHIKAN PULP

  MI 7.5 TONGASS HWY, KETCHIKAN, AK, 99901

  Registry ID: 110003045259

• LOUISIANA PACIFIC CORP KETCHIKAN PULP

  MI 7.5 TONGASS HWY, KETCHIKAN, AK, 99901

  Registry ID: 110003045259

• LOUISIANA PACIFIC CORP KETCHIKAN PULP

  MI 7.5 TONGASS HWY, KETCHIKAN, AK, 99901

  Registry ID: 110003045259

• LOUISIANA PACIFIC CORP KETCHIKAN PULP

  MI 7.5 TONGASS HWY, KETCHIKAN, AK, 99901

  Registry ID: 110003045259

• LOUISIANA PACIFIC CORP KETCHIKAN PULP

  MI 7.5 TONGASS HWY, KETCHIKAN, AK, 99901

  Registry ID: 110003045259

• LOUISIANA PACIFIC CORP KETCHIKAN PULP

  MI 7.5 TONGASS HWY, KETCHIKAN, AK, 99901

  Registry ID: 110003045259

Statutes cited

• CAA 111 — New Source Performance Standards
• CWA 301A — Clean Water Act
• CAA 114 — Record keeping, Inspection, Information Request

Enforcement conclusions (1)

• KETCHIKAN PULP COentered 1995-09-19

  Primary law: CAA

  Federal penalty: $3,111,000

Timeline (7 milestones)

• 1973-01-01Enforcement Action Data Entered
• 1992-07-24Referred To Dept Of Justice
• 1992-09-19Complaint Filed With Court
• 1995-09-19Final Order Lodged
• 1995-09-19Final Order Entered
• 1995-09-19Concluded
• 2001-04-23Enforcement Action Closed