Air Enforcement: U.S. Environmental Protection Agency/Arkansas Department of Energy and Environment – Division of Environmental Quality Enter into Amended Consent Decree with Operators of Crossett, Arkansas, Paper/Chemical Products Facilities

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The U.S. Environmental Protection Agency (“EPA”) in a February 5th news release announced that the federal agency and Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) have entered into an Amendment to a previously executed Consent Decree with the Georgia-Pacific Chemicals LLC (“GP Chemical”) and Georgia-Pacific Consumer Operations LLC (“GP Consumer”) addressing alleged Clean Air Act violations.

A link to a post that describes the previously executed Consent Decree can be found here.

The previously executed Consent Decree stated that:

  • GP Chemical owns and operates a chemical manufacturing facility
  • GP Consumer owns and operates a pulp/paper manufacturing facility

The facilities were previously indicated to be located on adjoining properties in Crossett, Arkansas.

Certain Clean Air Act violations were alleged but neither company admitted liability to the United States or DEQ arising out of the allegations that were identified in a prior Complaint.

EPA states in the February news release that alternative Supplemental Environmental Projects (“SEPs”) will be undertaken that enhance emergency response capabilities in the local community and reduce the potential of harmful emissions from the facilities.

Three alternative SEPs are described, which include:

  • Replacement of a vacuum pump system to collect waste gases
  • Construction of a storage tank to reduce the risk area of a hazardous air pollutant in the event of a release
  • Purchase of a long-ladder fire truck for the City of Crossett Fire Department

EPA states that the amendments to the Consent Decree were prompted by Georgia-Pacific’s June 4, 2019 announcement of its intention to permanently shut down some equipment and processes supporting the pulp mill portion of its paper manufacturing operations at its Crossett facility near the end of 2019.

The Amended Consent Decree is stated to incorporate certain operational changes due to the shutdown. Further, a $600,000 penalty will be paid which was required in the original Consent Decree.

A copy of the news release can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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